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HomeMy WebLinkAbout1993-12-01; Planning Commission; Resolution 3573,, 1 * .a I ll 0 0 1 2 3 4 5 6 7 8~ PLANNING COMMISSION RESOLUTION NO. 3573 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE PLANNING AREA BOUNDARIES AND RESIDENTIAL PRODUCT MIX, AND A TENTATIVE TRACT MAP AND ~ HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE AND ROUGH GRADE INDIVIDUAL NEIGHBORHOODS AND STREETS IN AVIARA MASTER PLAN PHASE THREE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PHASE 111 9 lo I1 CASE NO: MP 177(G)/GPA 93-06/LCPA 92-01/CT 92-03/HDP 92-04 WHEREAS, the Planning Commission did on the 17th day of Novembel 11 II I1 1993, and the 1st day of December, 1993, hold a duly noticed public hearing as prescribe( 12 13 14 and arguments, examining the initial study, analyzing the information submitted by staff 15 WHEREAS, at said public hearing, upon hearing and considering all testimon: and considering any written comments received, the Planning Commission considered a1 l6 by law to consider said request, and l7 11 factors relating to the Mitigated Negative Declaration. 18 11 19 I! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 2o jj as follows: 21 Ij A) That the foregoing recitations are true and correct. 22 23 24 25 26 B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Mitigated Negativf Declaration according to Exhibit "ND", dated October 14, 1993, and "PII" dated September 30, 1993, attached hereto and made a part hereof, basecl on the following findings and subject to the following conditions: .... 27 28 *"* .I !e e e 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 FhdiIlES: 1. The initial study shows that there is no substantial evidence that the project ma3 have a significant impact on the environment. 2. The site has been previously partially cleared for agriculture and contains nc sensitive animal or plant species with the exception of two areas of coastal sag( scrub habitat, one of which will be preserved and the other will be mitigatec through habitat enhancement. 3. The existing and proposed streets are adequate in size to handle the anticipatec traffic. 4. There are no sensitive resources located onsite or located so as to be significantl; impacted by the development and implementation of the master plan. . Conditions: 1. Prior to issuance of a grading permit, the applicant shall demonstrate that thc proposed grading is in conformance to the recommendations of the "Supplementa Geotechnical Investigation for Aviara Phase III", prepared by ICG Inc., date( Decernber 4, 1992, and on file in the City of Carlsbad Planning Depart I ment. 2. To mitigate fugitive dust and other construction-related air quality impacts, thc developer shall do the following: . e e . . . Control fugitive dust by regular watering, or other dust preventive measures Maintain equipment engines in proper tune; Seed and water until vegetation cover is grown; Spread soil binders; Wet the area down, sufficient enough to form a crust on the surface wit1 repeated soakings, as necessary, to maintain the crust and prevent dust pic1 up by the wind; Street sweeping, should silt be carried over to adjacent public thoroughfares Use water trucks or sprinkler systems to keep all areas where vehicles movc damp enough to prevent dust raised when leaving the site; Wet down areas in the late morning and after work is completed for the day Use of low sulfur fuel (0.5% by weight) for construction equipment. 3. To mitigate potential paleontological impacts the developer shall accomplish thl following prior to final map approval or issuance of grading permit: A paleontologist shall be retained to perform a walkover survey of the sit1 and to review the grading plans to determine if the proposed grading wil PC RES0 NO. 3573 -2- !a 0 0 1 impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit. 2 e A qualified paleontologist shall be retained to perform periodic inspec-tion: 3 4 of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collec matrix samples for laboratory processing through fine screens. Thc paleontologist shall make periodic reports to the Planning Director during thc 5 grading process. 6 7 8 9 10 e The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. e All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural Historq Museum. 11 12 13 14 15 16 17 18 19 I . Any conflicts regarding the role of the paleontologist and the grading acti- vities of the project shall be resolved by the Planning Director. 4. Prior to final map approval, the applicant shall be required to: (1) consult with the U. S. Fish and Wildlife Service (FWS) and California Department of Fish & Game (F&G) regarding the impact of the project on the Coastal California Gnatcatcher; and (2) be issued any permits required by the FWS and F&G. 5. To mitigate the loss of Coastal sage scrub habitat, Arctostaphylos glandulosa var. crassifolia (Del Mar Manzanita), and Comarostaphylis diversifolia (Summer holly) in Planning Area 17, the proposed development shall demonstrate conformance to the recommendations of the “Aviara Phase I11 Coastal Sage Scrub Mitigation Program”, prepared by Planning Systems and dated September, 1993, on file in the City of Carlsbad Planning Department, prior to the approval of any final map or issuance of any grading permit. 20 6. To preserve the connectivity of the open space corridor along the western edge of the project, the manufactured slopes resulting from the access road to Planning Area native species. A landscaping plan showing this planting and maintenance shall be submitted to and approved by the planning Director prior to approval of final map 21 22 shall be planted with native species and maintained to prevent invasion by non- 22 23 26 25 7. To mitigate the potential impacts to the existing sewer system, the Batiquitos pump 24 or issuance of grading permit. station expansion shall be guaranteed prior to approval of any final map. 27 /I PC RES0 NO. 3573 28 /I -3 - !, 0 0 1 2 3 4 5 6 7 8 9 10 11 12 8. To mitigate the potential noise impacts from Poinsettia Lane, the developer musl demonstrate conformance to the recommendations of the "Preliminary Noise Analysis for Aviara Area Phase 111, prepared by Mestre Greve Associates, dated December, 1991, and on file in the City of Carlsbad Planning Department, prior tc issuance of any building permit for Planning Areas 18, 19, 20, or 32. 9. To mitigate potential visual impacts, no clearing and grubbing, grading, or buildins permit shall be issued for the Phase 111 development until such time as thc undeveloped areas in Phases I and I1 which are owned by Aviara Land Associare! are either developed or landscaped in accordance with the City of Carlsbac Landscape Manual, to the satisfaction of the Planning Director and City Engineer Recognizing that there are undeveloped portions of Phases I and I1 that are no] under Aviara's ownership, Aviara Land Associates agrees to assist the City ir bringing those undeveloped portions into conformance with the provisions of tht Landscape Manual. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, b! the following vote, to wit: 13 14 15 16 AYES: Chairperson Noble, Commissioners: Schlehuber, Betz Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. I? I1 ABSTAIN: None. 18 19 2o I 21 1 ATTEST: & 8 BAILEY NOB@, Chairperson - CARLSBAD PLANNING COMMISSION 22 I/ 23 24 25 11 PLANNING DIRECTOR 26 // PC RES0 NO. 3573 27 -4- 28 ., .. e 0 CONDITIONAL NEGATXVE DECLARATION PROJECT ADDRESSLOCATION: North of Alga Road, along future Ambrosia Lane, City of Carlsbad, County of San Diego. PROJECX DESCRIPTION: Master Plan Amendment, Local Coastal Plan Amendment, and General Plan Amendment to adjust neighborhood sizes, product types, and development standards, and a Master Tentative Map and Hillside Development Permit to subdivide and rough grade the neighborhoods and major streets. 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 Carbbad. As a result of said review, a Conditional Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Mike Grim in the Planning Department at (619) 438-1 161, extension 4499. DATED: OCTOBER 14, 1993 CASE NO: MP 177(G)/LCPA 92-01 PIanning’Direct or MYHAE J. HOLZM~LER CT 92-03/HDP 92-04 CASE NAME: AvlARA PHASE I11 PUBLISH DATE: OCTOBER 14, 1993 2075 Las Palmas Drive - Carlsbad. California 92009-1 576 - (61 9) 438-1 161 4 .. 0 e ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. MP 177(G)/LCPA 92-01/GPA 93-06/CT 92-03/HDP 92-0, BACKGROUND DATE: SEPTEMBER 30. 1993 1. . CASE NAME: AVIARA PHASE 111 2. APPLICANT: AWARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT ROAD SUITE 206, CARLSBAD, CA 92008 (619) 931-1190 4. DATE EIA FORM PART I SUBMITED: MARCH 11, 1992 5. PRC-ECT DESCRIPTION: A MASTER PLAN AMENDMENT, LOCAL COASTAL PLA AMENDMENT. AND GENERAL PLAN AMENDMENT CHANGING PLANNING ARE BOUNDARIES AND RESIDENTIAL PRODUCT MIX: AND A MASTER TENTATIVE TRACT MA AND HILLSIDE DEVELOPMENT PERMIT FOR SUBDMDING AND ROUGH GRADIN INDMDUAL NEIGHBORHOODS AND STREETS IN AVIARA MASTER PLAN PHASE THRE (MP 177/EIR 86-2(A)). ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct 2 Environmental Impact Assessment to determine if a project may have a significant effect on the environmer: The Environmental Impact Assessment appears in the following pages in the form of a checklist. Th checklist 8 identifies any physical, biological and human factors that might be impacted by the propos project and provides the City with information to use as the basis for deciding whether to prepare : Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project 1 any of its aspects may cause a significant effect on the environment. On the checklist, "NO' will 1 checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a simificant effect on the environment. The project may qualify for a Negati Declaration however, if adverse impacts are mitigated so that environmental effects can be deemc insignificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-insi respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form und DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi~ mitigation for impacts which would otherwise be determined significant. ,. .. 0 0 PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: ; YES big) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? - - 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial mounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? - - - - - - -2- YES (insig) X - - X - - - - - - NO - X X X - X X x. - X X X .. a 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (si81 (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? X - 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - X X 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - X - 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X - HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, poiice, fire, emergency or other public services? YES YES NO (sig) (insig) X - X -3- .. a 0 HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? YES big) - 20. Increase existing noise levels? - 21. Produce new light or glare? - 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or. pedestrians? - 30. Interfere with emergency response plans or emergency evacuation plans? - 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? - -4- YES NO (insig) X X - -. - X - - - - X X X - - X - X X - X X X - .. .I 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life 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 en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable'! means that the incremental effects of an individual 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.) YES YES NO big) (insig) X - 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X - - X - X - -5- .I .. 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION The Aviara Phase III proposal (MP 177(G)/LCPA 92-1/GPA 93-6/CT 92-3/HDP 92-4) consists of both administrative and development permit actions. The Master Plan Amendment, Local Coastal Plan Amendment, and General Plan Amendment propose to alter the residential product mix, add 37 units to the previously approved plan, adjust planning area and open space boundaries, and'realign internal streets. The Master Tentative Tract Map and Hillside Development Permit propose to subdivide the property into the various neighborhoods and perform mass grading and improvement installation. The multifamily neighborhoods and churcwday care site will be rough graded and contain only one lot while the single family neighborhoods will be subdivided into individual lots with separate pad elevations. The Aviara Master Plan (MP 177/EIR 86-2(A)/CT 85-35/et al.), previously known as the Pacific Rim Country Club and Resort Master Plan, was originally approved by the Carlsbad City Council on December 8, 1987 and by the California Coastal Commission on April 12, 1988. The area comprising Phase [It of Aviara involved 490 multifamily units, 62 single family dwellings, a 13.5 acre neighborhood commercial center, a 24.25 acre community park, and a 4.5 acre churcwday care site. The current proposal is for 449 multifamily units, 140 single family dwellings, a 13.5 acre neighborhood commercial site, a slightly reconfigured 24.25 acre community park, and a 4.5 acre churcwday care site. Phase 111 represents the final phase in the Aviara Master Plan, and the area with the least environmental constraints. The approximately 1,400 acre master plan contains a total of 647 acres of open space, including the 387 acre Batiquitos Lagoon and associated wetlands. A 248 acre upland open space network was approved by the City of Carlsbad and California Coastal Commission, and consists mostly of the slopes of the predominant north-south trending drainages. The 171 acre golf course that lies along the floors of the valleys, while not counted in the 248 acres of upland habitat, does act as an open space corridor for wildlife. The open space boundaries have been modified with previous amendments to the master plan, however the new habitat received has always been of higher quality than the previously designated habitat. The area comprising Phase III has been mostly cleared of native vegetation for agriculture or disrupted by trails and migrant worker settlements. The existing vegetation in these areas is comprised of non- native grasses and a secondary growth eucalyptus grove. The largest undisturbed area lies along the western portion of Phase 111 and is part of a larger wildlife comdor trending from,north to south. This corridor is identified in the draft "Habitat Management Plan for Natural Communities in the City of Carlsbad", dated July, 1993 (City HMP) and on file in the City of Carlsbad Planning Department. The existing master plan allows substantial encroachment into this corridor, however the proposed master plan development has removed most of these encroachments. Another undisturbed area lies within the heart of Planning Area 17 and the Ambrosia Lane alignment. While development has been condoned in this area by the master plan and its environmental impact report, this area does constitute the largest contiguous removal of coastal sage scrub habitat. For this reason, a coastal sage scrub mitigation program has been established to provide for a 1.75:l mitigation ratio. The program is a combination of enhancement and revegetation and is detailed in the "Aviara Phase 111 Coastal Sage Scrub Mitigation Program", prepared by Planning Systems and dated September, 1993. Also contained in the mitigation program is a sensitive species revegetation plan that includes up to a 10:l replacement of existing high interest plant species. By maintaining the ejristing wildlife -6- ., 0 0 corridor and preserving/replanting the sensitive species, the project conforms to the objectives of the City HMP. As with previous amendments, the Phase 111 master plan amendment proposes to preserve more sensitive habitat than the previously approved plan. The original plan called for multifamily development in some of the most biologically and topographically sensitive areas, with single family development in the flatter, valley bottom. The proposed amendment would relocate the multifamily to the flatter areas of previous agriculture and locate the less intense single family subdivisions in the more constrained areas. A total of 1,072,300 cubic yards of grading is needed for the rough grading of neighborhoods and internal streets. All earthwork will be balanced on site, unless the replacement of alluviums is needed for fill stability. All of the proposed water, sewer, and storm drain systems will connect to existing improvements within Phase I of Aviara. Phase 111 will be served by Ambrosia Lane, connecting to existing Alga Road in 'the south and future Poinsettia Lane in the north. As a condition of approval, the project must also complete a circulation loc? involving Poinsettia Lane west to Black Rail Road, then Black Rail Road south to eiristing Alga Road. The environmental impacts of the alignment of Poinsettia Lane and Black Rail Road have been discussed in the "Program Environmental Impact Report for the Zone 20 Specific Plan Project...", prepared by Brian F. Mooney Associates and dated June, 1992, on file in the City of Carlsbad Planning Department. Considering the environmental discussions below, along with the proposed mitigation measures, no significant, adverse environmental impact should occur as a result of the proposed Aviara Phase 111 amendment. PHYSICAL ENVIRONMENT: 1. The Phase 111 area is mostly comprised of a gently sloping valley, bounded by eroded slopes with exposed bedrock, and a plateau headland in the north. The only potentially unstable earth conditions exist in the valleys, which contain alluvial soils that will undergo post-grading settlement, and in the ancient landslide area in the southeast portion of the site (within proposed Planning Area 17). As recommended by the "Supplemental Geotechnical Investigations for Aviara Phase III", prepared by ICG Inc. and dated December 4, 1992, the settlement can be compensated by delaying construction after grading or removing the alluvial materials from the fill, and the landslide can be stabilized through a combination of buttress keys, earth removals and fills. The evaluations in the geotechnical investigation show that some measures are required to preclude geotechnical hazards within the Phase I11 site. Therefore, the project is conditioned to adhere to the recommendations of the geotechnical investigation, to the satisfaction of the City Engineer. Based upon this condition, the proposed grading for the Phase I11 Master Tentative Map will not result in unstable earth conditions nor increase the exposure of people or property to geologic hazards, either within the project or on adjoining properties. 2. The essential topographic trend of a valley floor with its headland to the north will remain. No unique physical features exist since the landslide area does not even possess some typical landslide features (such as a main scarp, infilled or open fractures, or off-set bedding planes). The steep slopes along the western portion of Phase 111 will remain in their existing state and the landslide -7- .* e e area will be developed in a terraced fashion to preserve the existing sloping topography. Therefore the proposed grading for the Phase 111 Master Tentative Map will not appreciably change the topography or any unique physical feature. 3. All projects within the Coastal Zone are required to maintain effective soil erosion controls and restricted from grading during "rainy season'' (October 1 through April 15). 1x1 addition, erosion control measures such as slope landscaping, protective devices, and desiltation basins are required by Chapter 11 of the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and the City of Carlsbad Landscape Manual. No clearing of vegetation or grading of earth will be allowed until the grading plans show adequate erosion control measures to preclude the erosion of soils either on or off the site. 4. No beach sands, river or stream channels, oceans, bays, inlets or lakes exist within the Phase It1 development area. The predominant drainage course travels along the valley floor, but it is not perennial and has no substantially developed stream channel. Batiquitos Lagoon is located approximately one mile to the south, however no modification to the lagoon is proposed with the Phase It1 development. The existing desiltatioddetention basins will prevent lagoon modifications by controlling potential sedimentation and flooding that could result from urbanizing the existing drainage pattern. 5. Grading and construction of the Phase It1 development will cause increased aerosol emissions in the form of dust and engine exhaust. Occupation of the developed project area will result in an increase of approximately 5318 average daily trips, which will incrementally add to the existing mobile source emissions. Construction and occupation of the project area will also increase the gas and electric power consumption, which will also incrementally contribute to air pollution emissions. In order to reduce the level of air pollution impacts, the project is conditioned with fugitive dust control measures and traffic reduction measures. These measures are listed in detail in the Mitigation Measures section of this environmental impact assessment. Given the regional nature of air quality, and the programs in the San Diego Basin Air Quality Plan, the potential air quality impacts are lessened to the greatest extent possible. 5. The conversion of surfaces within Phase 111 from the currently undeveloped, sparsely vegetated state to a developed, mostly impermeable state will result in changes in various climatological indices (such as convective and advective air movement, surface moisture and temperature). The level of influence is on the level of microclimatic changes and will not result in significant or substantial changes in the surface and air energy and moisture exchanges. No odor sources are proposed with the Phase 111 development, other than those commonly found in residentially developed areas, therefore no substantial changes to odor levels should result. 7. The closest fresh and marine water sources (Batiquitos Lagoon and the Pacific Ocean) are a mile and further from the project area and no alterations to their normal cycles are expected. The existing flood water course will be channelized along a similar alignment and the desiltatioddetention basin north of the lagoon will slow the flood flow to natural rates. Therefore, the proposed Phase 111 project will not substantially change the course or flow of marine, fresh, or flood waters. -8- .. .. e t 8. No significant surface waters exist within the Phase 111 area, although ponding der flooding does occur. Groundwater sources were detected below the alluvial valley at a depth of 15 feet and an isolated perched groundwater table was found in the southwestern portion of the site, within Planning Area 22. The "Supplemental Geotechnical Investigation for Aviara Phase [[I", dated December 4, 1992, states that groundwater in not expected to adversely affect the graded pads, however remedial measures may be needed for some cut slopes. AS with item number 1 above, conformance to the recommendations of the geotechnical investigations reduces any potential impacts to a level of insignificance. Grading and construction of the Phase I11 project will incrementally reduce the public water supply, mostly for dusr prevention. Occupation of the approximately 589 dwelling units will cause a need for approximately 130,000 gallons per day. The churcwday care site should need approximately 4,000 gallons per day. The existing public water supply is served through a 1.25 million gallon potable water tank and a 1.25 million gallon reclaimed water tank and should accommodate the additional water usage. In addition, construction of two 8.5 million gallon potable water reservoirs to serve the area will commence in 1994. The project will be conditioned such that no building permits be issued unless the Carlsbad Municipal Water District determines that adequate water and service is available at the time of application for water service and will continue to be available until the time of occupancy. If the existing water supply is not sufficient at the time of building permit application, development may be postponed until the additional water reservoirs are operational. Therefore, as conditioned, the proposed Phase 111 development. will not substantially affect the quantity or quality of surface water, ground water or public water supply. 9. No significant natural resources, such as non-renewable energy sources, mineral resources, or prime agricultural lands, exist within the Phase 111 project area. Grading, construction, and occupation of Aviara Phase I11 will incrementally increase the usage of natural resources through gasoline, natural gas, and electrical energy consumption. Using a natural gas usage factor of 219 cubic feet per unit per year and an electric power usage factor of 15 kilowatt hours per unit per year, occupation of the 589 dwelling units, park facility and community center should result in less than a five percent increase in energy consumption. This additional demand is not considered a significant increase in the usage of any natural resource or substantial amount of fuel or energy. 10. see nine above. 11. The Phase HI project site is void of historic structures. A prehistoric special activity or temporary camp (SDi-6819) was identified in the northwestern portion of the site, near future Poinsettia Lane. This site was investigated in 1989 and found to contain data pertinent to regional settlement theory. In 1992, the data recovery program required by the California Environmental Quality Act was conducted. The background and results of the data recovery are contained in "Data Recovery at SDi-6753 and SDi-6819: Aviara Development Project...", prepared by RECON and dated October 3, 1991, on file in the City of Carlsbad Planning Department. There are potentially sigmficant fossil areas of Tertiary and Quaternary Ages within the Phase I11 area and, therefore, the grading operations of the project are conditioned to be monitored by a qualified paleontologist in case of fossil discovery. -9- .. * 0 Considering that no historic sites, structures or objects are on site, that the archeolo@cal data recovery was completed, and that a paleontological mitigation measure has been placed on the project, no significant impacts to historic or prehistoric features will occur. 12. The location and variety of the habitats identified within Phase 111 have remained relatively unchanged since the time of the original environmental impact report (EIR 86-2(A)). The habitats are coastal sage scrub, chamise and mixed chaparral, a secondary eucalyptus grove, disturbed chaparral, and non-native grasslands. These conditions were verified and documented in the "Aviara Phase TI1 Biological Co&lrmation Study", prepared by Planning Systems and dated .November, 1992. The original Phase 111 development approved through EIR 86-2(A) allowed development of 85.4 acres of disturbed chaparral, 2.9 acres of the eucalyptus grove, 11.2 acres of coastal sage scrub, and 27.8 acres of mixed and chamise chaparral. ,The proposed Phase 111 development would reduce the encroachment into the currently preferable habitats of sage and chaparral while increasing the removal of the less desirable eucalyptus and disturbed chapanal. 2.4 additional acres of coastal sage scrub and 7.8 additional acres of mixed and chamise chaparral are proposed for preservation in the Phase I11 amendments. Of the 37.4 acres being preserved, 33 percent is coastal sage scrub habitat and 52 percent is mixed or chamise chaparral habitat. The remainder is composed of eucalyptus and disturbed chaparral. With the exception of the removal of non-native grasslands and the majority of disturbed chaparral area, the Phase tII proposal does not significantly affect the diversity of habitats within the project area. With regard to the diversity of species, three sensitive plant 'species have been identified within Phase HI. Virtually all of the Ceanothus verrucosus (Wart-stemmed Ceanothus) and Comarostaphylis diversifolia ssp. diversifolia (Summer Holly) lies within the western areas proposed for preservation in the revised Phase [I1 plan. Many of the individuals to be saved are slated for removal in the existing EIR 86-2(A). There are a number of Arctostaphylos glandulosa ssp. crassifolia (Del Mar Manzanita) and some Summer Holly along the eastern edge of Phase 111, within the area designated for residential development and Ambrosia Lane in Planning Area 17. A detailed description and mapping of the high interest plant species is contained in the "Aviara Phase 111 Sensitive Species Review", prepared by Planning Systems and dated July, 1993. The high interest plants are in three small groups, however these small groupings are not substantial enough to be considered populations. Nonetheless, to maintain the diversity of plant species within the Phase III area, both the Del Mar Manzanita and Summer Holly will be repopulated at a ratio of 10: 1 for the Del Mar Manzanita and 3:l for the Summer Holly. The details of the sensitive species revegetation plan can be found in the "Aviara Phase I11 Coastal Sage Scrub Mitigation Program", prepared by Planning Systems and dated September, 1993. Even though the new Phase 111 project proposes to remove 8.8 acres of coastal sage scrub rather than the 11.2 acres in the existing master plan, a coastal sage scrub habitat enhancement program has been prepared. The type of revegetation is based upon the slope angle and will attempt to match native conditions. The total area of the coastal sage scrub habitat enhancement is 15.5 acres, which is a mitigation ratio of 1.75:1, which exceeds typical recommendations. Provided that the Phase 111 development conforms to the recommendations of the "Aviara Phase I11 Coastal Sage Scrub Mitigation Program", dated September, 1993, no significant adverse affect to the diversity of species, habitat or numbers of any species of plants should occur. -1 0- .. .. 0 0 13. The only new species of plants proposed within Phase 111 are those typical domestic plants found in residential neighborhoods. All open space and habitat enhancement areas will be monitored and undergo weed eradication as needed to allow the normal replenishment of native species. Therefore the proposed introduction of new plant species and configuration of open space areas will not result in significant adverse impacts. 14. While the Phase III project area has been used for agriculture in the past, no significant crop production is currently taking place. According to the "Soil Survey, San Diego Area", prepared by the U.S. Department of Agriculture and the Soil Conservation Service and dated December, 1973, the project area is covered by Chestenon and Corralitos sandy loam, These soils are only fair to good for agricultural purposes and do not represent prime farmland. The Phase 111 proposal will therefore no significantly reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance. 15. There are a variety of animals species within the Phase 111 area. The "Aviara Phase 111 Biological Confirmation Study", dated November, 1992, contains a complete list of the reptiles, amphibians, birds, and animals sighted or suspected to exist in Phase 111. The original EIR 86-2(A) identified a Polioptila melanura California (California Black tailed gnatcatcher) in the southwesterly portion of Phase 111, however the presence of gnatcatchers was not confirmed by recent observations. The California Black tailed gnatcatcher has been listed as a federally threatened species and there is a prohibition on the removal of coastal sage scrub habitat where a take of gnatcatchers may be involved. Both the existing and the proposed development plans for Phase III avoid the entire area around the location of the gnatcatcher sighting, however to insure that no adverse affect on the gnatcatchers occur, the Phase I11 project has been conditioned to obtain all required approvals and permits from the California Department of Fish and Game and the United States Fish and Wildlife Service prior to approval of any final map or grading permit. Given the mandatory review by the responsible agencies, and the maintenance of biodiversity discussed in item number 12 above, no significant adverse affects to the diversity of species, habitat, or numbers of any species of animals should occur. 16. No new species of animals, other than those typically found in developed residential areas, are proposed with the Phase 111 project. Fencing of all open space areas should aide in keeping domestic animals from adversely affecting the existing fauna to a significant degree. While Batiquitos Lagoon offers haven for many migratory birds, there are no migratory species that occupy Phase 111. ' Animals currently use the golf course or the neighboring slopes for movement to, from, and through the upland environment. The only potential deterrent to the movement of animals is an access road to Planning Area 22 that traverses the wildlife conidor along the western edge of Phas'e 111. The roadway and associated grading is approximately 100 feet wide, however the project is conditioned to replant the manufactured slopes of this roadway to reduce the effective width of the crossing to less than 50 feet. The reduction of the crossing through revegetation will reduce the level of potential deterrence to insignificance, and has been included as a required mitigation measure. HUMAN ENVTRONMENT: 17. The existing land uses within Phase 111 consist of residential, community park and churcWday care uses. The proposed Phase 111 master plan amendment contains all of these uses, however there -11- .. .. e 0 is a minor shift in the proportion of single family versus multifamily residential units. Currently the residential mix is 11 percent single family and 89 percent multifamily. The proposed residential mix is 24 percent single family and 76 percent multifamily. Since Phase 111 contains the highest density multifamily residential within the Aviara master plan, the predominance of multifamily units in Phase 111 should be preserved. The shift from 89 percent multifamily to 76 percent still maintains the balance of single family and multifamily uses within the master plan. Therefore, no significant alteration of present or planned land uses is proposed. 18. All public utilities required to support the proposed Phase I11 development haye been or Will be constructed prior to or concurrent with development, as required by the City of Carlsbad Growth Management Program and the Local Facilities Management Plan (LFMP) for Zone 19. The proposed total dwelling unit count of 2,002 for the Aviara master plan is over 30 percent less than that predicted by the LFMP therefore the increase within Phase I11 of 37 units is not significant. The school and park sites have already ‘been provided and an elementary school is currently operating. The response time from Fire Station No’s. 2 and 4 to Phase I11 should still meet the required 5 minutes for fire and emergency medical services. Other public services, such as gas and electricity, telephone, and cable television will be installed concurrent with construction of the remainder of the infrastructure and should be adequate to serve the Phase I11 project area. No substantial effects on public utilities, schools, police, fire, emergency or other public services should occur. 19. The sewer infrastructure serving the Aviara Phase 111 development area will be installed concurrent with grading and improvement operations, however the system downstream is currently incapable of accommodating the increase sewerage. Before reaching the Encina Wastewater Treatment Facility, the sewerage travels to the Batiquitos sewer pump station for pumping northward. This pump station is partially upgraded and must be fully upgraded prior to the issuance of any building permits within Phase 111 of Aviara. The placement of this condition on the project mitigates the potential sewer system impacts to a level of insignificance. The solid waste collection is conducted by Coast Waste Management Inc., through an agreement with the City of Carlsbad, and the service area expands to meet the needs of new development. If any hazardous wastes are detected during soils investigations or Construction operations, the County of San Diego requires testing and proper removal of the materials. All potentially hazardous substances that are stored on site during construction must be maintained in safe containers and are monitored by the Carlsbad Fire Department. With the completion of the Batiquitos sewer pump .as a mitigation measure, the Phase 111 project will not result in the need for new or modified sewer systems, solid waste or hazardous waste control systems. !O. A temporary increase in the ambient noise levels will occur during grading and construction operations for the Phase III project. As required by the Carlsbad Municipal Code, no construction activities can occur between the hours of sunset and 7:OO am on weekdays and between sunset and 8:OO am on Saturdays. No construction is allowed on Sundays or holidays, except by special permission. The prohibition of construction-related noise during the evening and night, and the temporary nature of the constmction operations will keep the noise levels below a level of significance. -12- .. .. 0 e . As part of the Aviara Phase 111 project, Poinsettia Lane will be constructed .and opened for vehicular traffic. The traffic levels on major arterials can produce noise levels in excess of those recommended by the City of Carlsbad Noise Policy. A noise study has been completed to assess the potential impacts from Poinsettia Lane and recommend mitigation. Therefore, the project is conditioned to conform to the recommendations of the "Preliminary Noise Analysis for Aviara Area Phase III ...'I, prepared by Mestre Greve Associates and dated December 1991, on file in the City of Carlsbad Planning Department. The proximity of the Aviara master plan to the McClellan- Palomar Airport increases the potential incidence of aircraft noise. In conformance with the City of Carlsbad Noise Policy, the master tentative map is conditioned to place an aircraft noise notice on all properties prior'to the recordation of any final map. Given the restriction on and relatively short duration of construction activities, the mitigation measures for future Poinsettia Lane and the required aircraft noise notices, the proposed Phase 111 project will not significantly increase existing noise levels. 21. There are no new .sources of light or glare proposed with the project other than those typical sources, such as street lights, traffic headlights, and residential lighting. No particular site plan has been prepared for the park site and subsequent environmental review will explore any potential impacts due to ballfield lighting. Since construction operations are limited to daylight hours, no significant sources or light of glare. should occur due to construction operations. Therefore, no significant production of new light or glare should occur as a result of the Phase I11 project. 22. As discussed in item number 19 above, all hazardous materials are required to be kept in safe containers and their status is monitored throughout construction by the Carlsbad Fire Department. If any hazardous substances are discovered on site, the County of San Diego monitors the safe removal of these substances. The project therefore does not involve a significant risk of an explosion or the release of hazardous substances. 23. The proposal for Aviara Phase 111 would add 37 units to the previously approved dwelling unit count for the phase. However, at a maximum of 2,002 units, the master plan is still below the over 2,800 originally approved units. Reductions in the densities of Phases I and I1 have created a surplus of units within the master plan, and the redistribution of residential mixes has created the need for higher density residential near Poinsettia Lane and the community park and churcwday care site. While the'densities on Planning Areas 18, 19, and 20 are increasing to an average of 13.5 dwelling units per acre, the sites have significant setback buffers included in the master plan development standards and are located near a major arterial with community services. Given the lower overall density of the entire master plan, and the buffering provisions built into the planning area standards, the increase of 37 units over the approximately 118 acres of Phase I11 does not represent a substantial alteration of the density or human population of the area. 24. The only existing residents of Phase 111 are found in small migrant worker camps, however these encampments do not constitute habitable developments and are not counted in the overall housing stock. The land uses proposed with the amendment are predominantly residential and easily offset any housing demand generated by employees of the park, church, and day care. To maintain a balance in housing opportunities the Aviara Master Plan has entered into an agreement with the City of Carlsbad to provide its proportionate share of affordable housing. Considering -13- .a I. 0 0 the above, no significant affect to existing housing or creation of housing demand will OCCU due to the Phase III project. 25. The estimated additional traffic generated by the proposed development of Phase [[I would total 5,318 average daily trips (ADT). Since Ambrosia Lane and Poinsettia Lane are not yet constructed and their maximum traffic capacity will be 10,000 ADT and 40,000 ADT respectively, no adverse impacts on the proposed roadways should occur due to the Phase I11 development. The off site effects of the traffic generated by this project have been reviewed in "Transportation Analysis for Aviara - Phase 1, 2 and 3 Tentative Tract Maps", prepared by Urban Systems Associates, mc., dated December, 1992 and on file in the City of Carlsbad Planning Department. The Phase 111 master tentative map is conditioned to comply with all provisions of the Zone 19 Local Facilities Management Plan and Growth Management Ordinance. Both of these documents require circulation facilities to be improved prior to or concurrent with development. Therefore, no significant adverse impacts due to the additional traffic generation of Aviara Phase 111 should take place. 26. There only existing parking facility within Phase III is the master plan recreational vehicle (RV) storage site, located in the southwest portion of the site, in Planning Area 23. No grading is proposed near the RV site and the eventual commercial development of Planning Area 23 will not encroach into the RV storage area. All demand for additional parking will be provided concurrent with development, as required by the Carlsbad Municipal Code and the Aviara master Plan development standards.' The RV storage requirements for Phase 111 can be accommodated in the master plan storage area. Therefore, the proposed project will not affect existing parking facilities or create a large demand for new parking. 27. The principal thoroughfare within the Aviara master plan is Alga Road, a major arterial connecting Rancho Santa Fe Road and El Camino Real eventually to Interstate 5. No intenuption to the normal flow of traffic along Alga Road is proposed or expected with the Phase 111 project. There is an unimproved, undedicated access road traversing the northern portion of Phase 111, just north of the future alignment of Poinsettia Lane. This access is currently a common ingress and egress route for the agricultural operations on nearby properties. The construction of Poinsettia Lane, both westerly off site to Black Rail Road and easterly to the project boundary, shall include connection of the new roadway to the existing unimproved access. The Phase 111 proposal will not adversely impact transportation systems or significantly alter present patterns of circulation or movement of people and/or goods. 28. No Waterborne, rail or air traffic use the Phase 111 site directly. Batiquitos Lagoon is restricted from any waterborne 'traffic and the closest rail line is the Atchison Topeka and Santa Fe line east of Interstate 5. The proximity of the Aviara master plan to the McClellan-Palomar Airport subjects the Phase 111 area to aircraft overflight, however no height restrictions are necessary since the aircraft are flying at sufficient altitude. The Phase III proposal will not significantly alter waterborne, rail or air traffic. 29. The grading and construction of the Phase I11 development is confined to the existing undeveloped portions and no significant operations are needed within existing traffic routes. If imported fill is required for geologic reasons, all trucks must follow a haul route approved by the City Engineer, All operations involving any disruption of traffic flow requires a traffic control plan to -1 4- .. a 0 be approved by the City Engineer. The improvement of Poinsettia Lane and Black Rail Road off site will decrease traffic hazards along these unimproved traffic routes. Therefore, the Phase 111 project will not significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians. 30. The Phase 111 site is not included as a part of any City-wide or local emergency response or evacuation plans. An all-weather emergency access is required to maintained throughout grading and construction and all emergency response or evacuation needs are monitored by the Carlsbad Fire Department. The Phase I11 proposal will not adversely interfere with emergency response plans or emergency evacuation plans. 31. The depressed topography of the Phase 111 project area reduces its amount of visual exposure. No prominent features or proposed development would obstruct andy scenic vistas. As discussed in the "Aviara Phase 111 Visual Analysis", prepared by Planning Systems, dated November, 1992, and on file in the City of Carlsbad Planning Department, the Phase I11 development will be visible from El Camino Real and Alga Road. The remainder of the Aviara master plan area is extremely visible from many public views and is currently graded and relatively vacant. Even though Phase 111 is not a visually predominant area, the clearing and grading of the final phase would produce significant visual affects if the remainder of the master plan remained partially developed. Some "filling-in" of Aviara Phases I and I1 must occur prior to the clearing or grading of Phase 111 to reduce visual impacts to an acceptable revel. A mitigation measure restricting the timing of grading of Phase 111 has therefore been placed upon the project, with the City Engineer and Planning Director possessing discretion on the necessary treatment of Phases I and 11. Given this mitigation measure, the Phase I11 project will not obstruct any scenic vista or create an aesthetically offensive public view. 32. Except for illegal motorcycle and bicycle activity, no recreational opportunities currently exist within the Phase 111 development area. The 589 dwelling units proposed within Phase I11 will produce a demand of approximately four acres of park facilities. The 24.25 acre community park within Phase I11 will accommodate this demand and the remainder of the park demands within the Aviara master plan and the neighboring properties. The Phase 111 project will therefore not adversely affect the quality or quantity of existing recreational opportunities. 33. As discussed in the preceding text, the proposed Phase I11 project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant of 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. The proposed development is more sensitive to topographical and ecological constraints than the previously approved EIR 86-2(A) and all archeological data recovery has been completed. 34. Some short-term impacts will result from the project, as detailed above. The. mitigation for several impacts involves enhancement or replanting which will take time to establish. The long term environmental advantage of enhanced and increased native open space justifies potential short-term impacts. All long-term facility impacts are monitored and compensated by the administration of the City Growth Management Program. The Phase 111 proposal does not have the potential to achieve short-term, to the disadvantage of long-term environmental goals. -15- .. * 35: As detailed above, the proposed Phase 111 development is consistent with the City HMP, the applicable Local Facilities Management Plan, and other previously approved planning documents. All potential impacts will be mitigated to an individual level of insignificance and conformance with area-wide planning documents precludes cumulative impacts. The Phase 111 project does not have the possible environmental effects which are individually limited but cumulatively considerable. 36. All human related impacts are either naturally, or through mitigation, insignificant. As discussed in items 17 through 32 above, no substantial adverse effects on human beings, either direct or indirect, are expected to occur. -1 6- ,- I. 0 ANALYSIS OF WLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the .site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. a) The Phase 111 master tentative map and associated grading is necessarily dependent and mr be accomplished in one phase. All infrastructure and improvements are necessary for t eventual development of the project and must be installed prior to the construction neighborhoods. Phasing of the grading or improvements would not offer environmen advantages and would increase .the possibility of future facility impacts. b) The Phase I11 site design has been modified from that currently approved and condoned EIR 83-2(A). Alternate site designs would likely increase encroachment into habitat heavily sloping topography and would produce more environmental impacts. c) The scale of the development is in keeping with all existing approvals, including the Carlsb General Plan, the Zone 19 Local Facilities Management Plan, and the applicable Local Coas Programs. A reduction of the scale of development could upset the housing balance or redl the amount of available community and commercial services. An alternate scale development would not provide a viable, environmentally preferable project. d) All related planning documents call for mostly low to medium density residential developmc within the Phase 111 area, with a community park and service site. Alternate uses of the s would be in conflict with all planning documents and would not increase the environmen sensitivity of the project. e) The postponement of development does not necessarily offer environmental advantages. population in the southwest quadrant of the City increases, so does the need for the Avi; . community park. Also, the proposed open space enhancement and replanting programs o take some time to establish themselves. The potential environmental impacts of the proj are not time-dependent and no advantage would be gained from delaying development. f) The Aviara Phase 111 proposal is specifically designed for the existing constraints 2 opportunities of the third phase of Aviara. Relocation of the project outside of the mas plan is neither logical nor necessary. g) Since the Phase 111 project area is planned for development in the Carlsbad General Plan, Zone 19 Local Facilities Management Plan, and the applicable Local Coastal Programs, the project alternative would no be in conformance with these documents. In addition, the p facility and Poinsettia Lane are necessary for the continued development of the surround area. The no project alternative would not produce environmentally advantages. MG:lh -1 7- .. .- 0 e DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATn DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because tl environmental effects of the proposed project have already been considered in conjunction wi previousIy certified environmental documents and no additional environmental review is require Therefore, a Notice of Determination has been prepared. - X I find that although the proposed project could have a significant effect on the environment, there w not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be prepared. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT1 IMPACT REPORT is required. / A . ,;,, fl ;?,,,;'.. /? ,ti?/ ;',5 - 7, Lj3 ///PA ..A '/ L Date Signature ; /0-70 Date 93 kdP1 &Yuw 'ng yctor LIST MITIGATING MEASURES (IF APPLICABLE] 1. Prior to issuance of a grading permit, the applicant shall demonstrate that the proposed grading is conformance to the recommendations of the "Supplemental Geotechnical Investigation for Aviara Pha III", prepared by ICG Inc., dated December 4, 1992, and 'on file in the City of Carlsbad Planni: Department. 2. To mitigate fugitive dust and other construction-related air quality impacts, the developer shall do t. following: Control fugitive dust by regular watering, or other dust preventive measures; Maintain equipment engines in proper tune; Seed and water until vegetation cover is grown; Spread soil binders; Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, Street sweeping, should silt be carried over to adjacent public thoroughfares; necessary, to maintain the curst and prevent dust pick up by the wind; -18- ,- ,v 0 0 Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough . Wet down areas in the late morning and after work is completed for the day; Use of low sulfur fuel (0.So/o by weight) for construction equipment. to prevent dust raised when leaving the site; 3. To mitigate potential paleontological impacts the developer shall accomplish the following prior to final map approval or issuance of grading permit: A paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. . A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. 4. Prior to final map approval, the applicant shall be required to: (1) consult with the U. S. Fish and Wildlife Service (FWS) and California Department of Fish & Game (F&G) regarding the impact of the project on the Coastal California Gnatcatcher and; (2) be issued any permits required by the FWS and F&G. 5. To mitigate the loss of Coastal sage scrub habitat, Arctostaphylos glandulosa var. crassifolia (Del Mar Manzanita), and Comarostaphylis diversifolia (Summer holly) in Planning Area 17, the proposed development shall demonstrate conformance to the recommendations of the "Aviara Phase I11 Coastal Sage Scrub Mitigation Program", prepared by Planning Systems and dated September, 1993, on file in the City of Carlsbad Planning Department, prior to the approval of any final map or issuance of any grading permit. 6. To preserve the connectivity of the open space corridor along the western edge of the project, the manufactured slopes resulting from the access road to Planning kea 22 shall be planted with native species and maintained to prevent invasion by non-native species. A landscaping plan showing this planting and maintenance shall be submitted to and approved by the planning Director prior to approval of final map or issuance of grading permit. -19- I a. 0 * 7. To mitigate the potential impacts to the existing sewer system, the Batiquitos pump station expansion shall be completed and operational prior to approval of any final map or issuance of any building permit. 8. To mitigate the potential noise impacts from Poinsettia Lane, the developer must demonstrate conformance to the recommendations of the “Preliminary Noise Analysis for Aviara Area Phase 111, prepared by Mestre Greve Associates, dated December, 1991, and on file in the City of Carlsbad Planning Department, prior to issuance of any building permit for Planning Areas 18, 19, 20, or 32. 9. To mitigate potential visual impacts, no clearing and grubbing, grading, or building permit shall be issued .for the Phase 111 development until such time as the undeveloped areas in Phases t and I1 are either developed or landscaped to the satisfaction of the City Engineer and Planning Director. -20- I- ,. e 1) APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDtTtON OF THESE MEASURES TO THE PROJECT. ”\ i I ‘, hi7 is3 , -$&V/b Date i \ W 1 ure fpvl- T#KW D(fi. (- pLMd(rG/ pr~(m~ LAPD AIPO~ . -21 -