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HomeMy WebLinkAbout1993-12-15; Planning Commission; Resolution 35901 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 m PLANNING COMMISSION RESOLUTION NO. 3590 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A CONDITIONAL NEGATIVE DECLARATION FOR AVESTING TENTATIVE MAP, PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, AND HILLSIDE LOTS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: SAMBI DEVELOPMENT PERMIT TO DEVELOP 129 SINGLE-FAMILY CASE NO: CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03 WHEREAS, the Planning Commission did on the 15th day of December, 1993, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimonj and arguments, examining the initial study, analyzing the information submitted by staff and considering any written comments received, the Planning Commission considered al: factors relating to the Conditional Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plannins Commission hereby RECOMMENDS APPROVAL of the Conditional Negativt Declaration according to Exhibit "CND", dated August 5, 1993, and "PII" dated July 15, 1993, attached hereto and made a part hereof, based on tht following findings: Findinm: 25 1. The initial study shows that the proposed project could have a significant impact 01 the environment, however, there will be no significant impact in this case becausc 26 the mitigation measures described in the initial study have been added to thc project. 27 28 I! 1 2 3 4 5 m 2. The streets are adequate in size to handle traffic generated by the proposed project 3. The project is in compliance with the adopted mitigation measures of Fina Environmental Impact Report 90-03 and would not create any additional significan environmental impacts based on the conditions of this Conditional Negativt Declaration. Conditions: 6 7 1. Approval of this project, is subject to all conditions contained in Planninl Commission Resolution No.'s 3591, 3592, 3593, and 3594. 2. The applicant shall provide the following noise mitigation measures to comply witl 8 Planning Department Policy No. 17: 9 10 11 12 13 14 15 16 17 18 a. Prior to occupancy of individual units, the applicant shall construct sound attenuation walls, berms, or a combination of both along Alga Road per the requirements of the project's noise study dated September, 1992 and any subsequent amendments. If sound attenuation walls are provided along Alga Road, the walls shall be designed with pilasters, be compatible with the proposed development, offset with tree wells, and landscaped to provide screening of the walls from the roadway in order to reduce visual impacts along the street. All secondary story balconies along Alga Road shall be sound attenuated to 60 CNEL. b. To obtain an interior noise level of 45 CNEL, the windows and doors in buildings subject to traffic noise must be closed, therefore, a "windows closed" condition is applicable and a mechanical ventilation system with fresh air provisions in accordance with the Uniform Building Code and Planning Department Policy No. 17 is required. 19 20 21 22 23 24 25 c. Prior to the issuance of building permits the owner of the record of the property shall prepare and record a notice that this property is subject to noise impacts from the existing Alga Road transportation corridor and overflight, sight, and sound of aircraft operating from Palomar Airport. The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney. d. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise, Form #3 on file in the Planning Department). 26 II 27 (( PC RES0 NO 3590 2 28 0 a 3. The applicant shall comply with the City’s requirements of the National Pollutan management practices to reduce surface pollutants to an acceptable level prior tc City Engineer prior to issuance of grading or building permit, whichever occurs first 1 discharge to sensitive areas. Plans for such improvements shall be approved by thl 2 Discharge Elimination System (NPDES) permit. The applicant shall provide bes 3 4 5 4. 6 7 8 9 10 11 12 13 Prior to approval of a hal map, issuance of a grading permit, or approval o improvement plans for Hidden Valley Road from the Poinsettia Park north tc Palomar Airport Road, whichever occurs first, a detailed biological mitigation restoration and enhancement plan to mitigate project and Hidden Valley Roar biological impacts, per the recommendations of Final EIR 90-03 and the Biologica Technical Report of the Sambi Project, dated July 1993, shall be prepared an( approved by the City. In addition, and pursuant to Section 1601/1603 of the Fisl and Game Code, the applicant shall obtain a Streambed Alteration Agreement fror the California Fish and Game Department if required for any proposed alteration to existing natural watercourses and shall comply with any and all permi requirements associated therewith. The applicant, in conjunction with th Department of the Army Corp of Engineers shall determine whether a 404 permi shall be required for alterations to wetland areas. The applicant, in conjunctio: with the United States Fish and Wildlife Service shall determine if a 1OA permit a other restrictions of the NCCP and Endangered Species Act process is required fa impacts to coastal sage scrub habitat. If applicable, the applicant shall obtain sai permits and comply with those conditions and requirements imposed therewith. 14 15 16 17 18 5. Prior to approval of a final map, issuance of a grading permit, or approval c improvement plans for Hidden Valley Road from Poinsettia Park north to Paloma Airport Road, the applicant, in discussion with the Planning and Engineerin Departments, shall consider, if feasible, the incorporation of an oversized culvel under Hidden Valley Road at the Encinas Creek crossing to mitigate the effects c fragmentation of the open space and wildlife corridor caused by the roadway, an to enhance wildlife mobility in the area. 19 1 6. The applicant shall comply with all mitigation requirements of the Preliminar Geotechnical Investigation for the project prepared by Pacific Soils Engineering, Inc of a grading permit. 20 dated February 1989 and any subsequent revisions to the report, prior to issuanc 21 22 7. In addition to the conditions above, the project shall comply with all the applicabl contained in Planning Commission Resolution No. 3525, dated June 16, 1993. 23 mitigation conditions of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203), 2 24 25 26 .... .... 27 11 PC RES0 NO 3590 3 28 I! 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj Commission of the City of Carlsbad, California, held on the 15th day of December, 1993 by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, NOES: Commissioner Erwin. ABSENT: None. Welshons, Savary ti Hall. ABSTAIN: None. ATTEST: x f. BAILEY NOgE, Chairperson CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO 3590 4 CONDITIONAL NEGATNE DECLARATION PROJECT ADDRESS/LOCATION: South of Palomar Airport Road, east of Paseo del Norte, north of Camino de las Ondas. APN: 214-14-07 PROJECT DESCRIPTION: Development of a 68.6 acre parcel to include 222 multi-family residential dwelling units - 150 townhomes and 72 apartments, 130 single-family lots, and 625,000 cubic yards of grading to accommodate building pads, lots, recreation areas, utilities, private driveways, local public streets, two non-loaded collector streets, and a circulation element roadway (Alga Road). 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, 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 cd' JeffGibson in the Planning Department at (619) 438-1161, extension 4455. DATED: AUGUST 5, 1993 a .I A O?! 44 MICHAEL J. HZXZMKLER CASE NO: CX 92-02/PUD 92-03/SDP 92-06/ Planning Director HDP 92-03 . CASE NAME: SAMBI PUBLISH DATE: AUGUST 5,1993 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 a 0 ENVlR0N"'AL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. CT 92-02/HDP 92-03/PUD 92-03/SDP 92- DATE: JULY 15. 1993 1. CASE NAME: SAMBI 2. APPLICANT: TOYOHARA AMERICA INC. C/O MR DON AGATEP 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2956 ROOSEVELT CARLSBAD. CA 92008 (619) 434-1056 4. DATE EIA FORM PART I SUBMITTED: FEBRUARY 14.1992 5. PROJECT DESCRIPTION: Development of a 68.6 acre parcel to include 222 mdti-fam residential dwelling units - 150 townhomes and 72 apartments . 130 single-familv lots. a 625.000 cubic vards of grading to accommodate building pads. lots. recreation areas. utiliti private driveways. local public streets. two non-loaded collector streets. and a circulati element roadwav (Alga Road). ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct Environmental Impact Assessment to determine if a project may have a significant effect on the environme The Environmental Impact Assessment appears in the following pages in the form of a checklist. T 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 any of its aspects may cause a significant effect on the environment. On the checklist, "NO" wilI be check to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of t project may cause a sinnificant effect on the environment. The project may qualify for a Negat Declaration however, if adverse impacts are mitigated so that environmental effects can be deen insimificant. These findings are shown in the checklist under the headings 'YES-sig" and 'YES-ins respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form un( DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi mitigation for impacts which would otheMrise be determined significant. * e PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 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? YES. (si@ YES NO (insig) - - X - X - - - X - - X - - - X - 6. Result in substantial changes in air movement, odor, moisture, or temperature? - X - 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? - X - - - x - - 9. Substantially increase usage or cause depletion of any natural resources? - - X - - X - 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? - X - -2- e BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES big) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? - 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? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - - - - r"ANENVrR0NMEN-r WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES 17. Alter the present or planned land use of an area? - 18. Substantially affect public utilities, schools, police, fie, emergency or other public services? - YES (hi@ X - X X X - - YES (sig) - - NO - - - - X - NO (big) X X -3- e 0 "ENVIRONMENT WILL THE PROPOSAL DIRECIZY OR INDIRECTLY: YES big) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? - 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 (insig) X - X X - - - X - - X - - - - X - NO - X - - - X X - - X - - 'X - X - X - - X - 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 33. Does the project have the potential to substantially degrade the quaIity 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 cuIrent projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES big) - - - - YES (insig) X - - X - X - NO - X - - - -5- DISCUSSION OF ENVTRONME P&, EVALUATION a PROJE~ BACKGROUND AND ENWEIONMENTAL SETI'ING: The project is located South of Palomar Airport Road, east of Paseo Del Norte, adjacent to future Hidden Valley Road, and north of Camin0 De Las Ondas in the City of Carlsbad. The western two-thi& of the property is almost entirely utilized for active agricultural use. The property contains gently sloping topography that rises from west to east towards a ridgeline. At the northwestern corner of the property is the edge of a highly disturbed finger canyon which continues north and eventually connects with Canyon de las Encinas. Along the eastern edge of the property is a larger northlsouth canyon system. Elevation ranges from 156 to 300 feet above mean sea level. Soil types include Las Flores loamy fine sand, Gaviota fie sandy loam, and Chesterson fine sandy loam. Three vegetation types are present on the property: ruderal/agriculture, Diegan coastal sage scrub in varying levels of disturbance, and disturbed riparian scrub. Vehicular access to the site would be provided from Camino de las Ondas, future Alga Road from Poinsettia Lane, and a future collector street named Hidden Valley Road. Hidden Valley Road would travel along the site's western property line, intersect with Camino de las Ondas to the south and intersect with Palomar Airport Road to the north. The project would sewer north along Hidden Valley and connect with the east/west trtlnk line in Canyon de las Encinas. The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. The Final EIR 90-03 for SP 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area. Use of the program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Find'EIR contains broad, general environmental analysis that serves as an information base to be consulted when ultimately approving subsequent development projects (i.e. tentative maps, site development plans, grading permits, etc ...) within the specific plan. The City can avoid having to "reinvent the wheel" with each subsequent development project by analyzing, in the program EIR, the regional influences, secondary effects, cumulative impacts, and broad alternatives associated with buildout of the planning area. The recommended mitigation measures of Final EIR 90-03 will be included as conditions of approval for this project. This subsequent expanded "Initial Study is intended to supplement the Final EIR and provide more focused and detailed project level analysis of site specific environmental impacts and provide more refined project level mitigation measures as required by Final EIR 90-03. As an example, additional environmental impacts not addressed in EIR 90-03 include riparian impacts created by the alignment of Hidden Valley Road north to Palomar Airport Road and site specific traffic noise impacts. PHYSICAL ENVIRONMENT: Development of the site would include 625,000 cubic yards of grading to accommodate building pads, lots, recreation areas, utilities, private driveways, local public streets, two non-loaded collector streets and a circulation element roadway (Alga Road). The proposed grading and development of the project would conform to the City's Hillside Development Ordinance and manufactured slopes would be 1andfoWcontou.r graded, landscaped, and not exceed 30 feet in height, therefore the alteration of the topography would not be considered a significant physical impact. The Preliminary Geotechnical Investigation prepared by Pacific Soils Engineering, Inc., dated February 6,1989 states that; "the subject property is compatible with the indicated. geotechnical conditions and may be developed with conventional cut and fill grading techniques; Considering the dense to medium dense character of the Lindavista Formation and Scripps Formation, liquefaction potential is considered nil". Erosion control -6- 0 measures including landscaping on manufactured slopes, adequate 9 ainage facilities, and proper soj compaction would all be conditions of approval for the project and be required by the Engineerin Department prior to issuance of the grading permit. Development of the project would create impervious surfaces onsite which reduce absorption rates m, increases surface runoff and runoff velocities, however, the appropriate drainage facilities would b provided. Drainage from roofs, streets, driveways, slopes, and yards in the project would CorntiUte potentially significant impact to water quality due to urban pollutant runoff, therefore, mitigatio measures will be required to reduce to an insigmficant level the amount of contaminants contained i the runoff. Temporary desiltation basins would be provided within the project in graded pad areas an a permanent basin is proposed west of future Hidden Valley Road, adjacent to Encinas Creek at the 6 foot elevation. Prior to issuance of a grading permit the applicant must comply with the requiremen of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant would b required to provide the best management practices to reduce surface pollutants to an acceptable levc prior to discharge to sensitive biological areas. Compliance with this requirement would reduce an water quality impacts to below a level of significance. For a discussion on air quality see Section 3.3 of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203: Final EIR 90-03 identified one archaeological site (Sdi-9478) and no historic sites within the projec boundaries. Sdi-9478 is classified in EIR 90-03 as a site that was identified as potentially significant an will require preliminary significance evaluation prior to approval of a tentative map. The Preliminar Archaeological Analysis For Sdi-9478, prepared by Advanced 'Sciences, Inc., dated July 10, 199; indicates that the site can not be located for testing due to dense, high grass cover, and recent extensiv agricultural activity in the area. Due to the extremely disturbed nature of the area it was determine that the site is no longer extent, therefore, Site CA-Sdi-9478 has been determined not significant base on criteria presented in Appendix K of CEQA and no further recommendations for cultural resource impact mitigation are offered. BIOLOGICAL, ENVIRONMENT: The Biology Section of Final EIR 90-03 provides baseline data at a gross scale due to the large size c the planning area. Given the large number of property owners and their differing development horizon and the inevitable change in biological conditions over'the long term buildout of the planning area, i is not possible to mitigate biological impacts from the buildout of the entire specific plan under on1 comprehensive open space easement that crosses property lines or a habitat revegetation/enhancemen plan sponsored solely by the property owners. Based on the future biological impacts created b: individual subsequent development projects, property owners within the planning area will be give] several mitigation options that will be based on subsequent and additional site specific bioldgical surve: and impact analysis. These additional biological studies will consider the baseline data and biologica open space recommendations of Final EIR 90-03 and provide more detailed resource suweys plotted a the tentative map scale for each property. The range of the future mitigation options would includt preservation of sensitive habitat onsite in conjunction with enhancemenurevegetation plans, paymen of fees into a regional conservation plan, or the purchase and protection of similar habitat offsite. A Biological Technical Report was prepared for the project by Anita Hayworth, Biological Consultant dated July 1993. This subsequent biological study is intended to supplement the Final EIR, provide mort focused and detailed project level analysis of site specific biological impacts and provide more refine( project level mitigation measures as required by Final EIR 90-03. The report indicates tha -7- implementation of the project a d create significant impacts to coast a age scrub and riparian habitats therefore, mitigation measures designed to reduce biological impacts to below a level of siecance wil be required as part of this environmental document, (see attached conditions). The project site wa! surveyed for sensitive plant and animal species and no species were observed during the sensitive specie! survey, including the burrowing owl survey, therefore, signrficant impacts would not occur to sensitive species. Mitigation proposed in the biology report includes onsite habitat preservation, onsit( enhancementhevegetation of habitat, and the option for offsite enhancement/revegetation, purchase an~ protection of inkind offsite habitat, or the possible payment of fees for a regional conservation plan. ThC detailed mitigation plans would be finalized prior to approval of a final map for the project ad subjecl to review and approval by State and Federal resource agencies. The site is currently being utilized for agricultural purposes. It does not contain prime agricultural soils however, it is located in the Coastal Agricultural Overlay Zone (Site 11) and the MeUo I1 Local Coasta Program requires mitigation when non-prime coastal agricultural land is converted to urban uses therefore, compliance with the adopted LCP mitigation would reduce all adverse impacts to a~ insignificant level. HUMANENVIRONMENT: The project would not alter the planned land use of the site and is consistent with the residential lanc use designation and density established by the Land Use Element of the City's General Plan. Portions of the site had been fanned and cultivated for a number of years and there may be a potentia for significant impacts to future residents from accumulations of hazardous chemicals in the soil. Basec on the Soil Testing for Pesticide Residue Report for Sambi prepared by Pacific Soils Environmental, datec July 1992, analytical tests on soil sampled did not detect pesticideherbicide residue. The report state: that; "further environmental sampling for pesticide residue in soil appears unwarranted for this property, based on the information available at this time". The project would increase traffic in the area, however, a Traffic Impact Analysis conducted as part of the Zone 20 Specific Plan and .the project indicates that compliance with the circulation requirements of the Zone 20 Specific Plan (SP 203), Final EIR 90-03, and the Local Facilities Management Plan for Zone 20 would mitigate any significant traffic impacts. The project is located within the Zone 20 Local Facilities Management Plan. Public fadty impacts and financing have been accounted for in this plan to accommodate the residential development. The residential land use would be consistent with the General Plan, therefore, the project would not significantly impact public facilities and planned land uses. Traffic noise from future Alga Road would create a significant impact on homes adjacent to the road, therefore, a noise study was prepared for the project by Robert Kahn, John Kain Associates, Inc., dated February 1992. Noise levels on the project site will not exceed the exterior noise standard of 60 CNEL and the interior noise standard of 45 CNEL, if the recommended mitigation measures recommended in this study are implemented. Sound attenuation walls, berms, or a combination of both would be required along Alga Road to mitigate exterior traffic noise to comply with Planning Department Policy No. 17. If sound attenuation walls are provided along Alga Road, special landscaping and wall design criteria shall be' required to reduce any potential visual impacts the walls may. create along the roadway. -8- ANALYSIS OF VIABLE ALTERpV R lvES TO THE PROPOSED PROJE F I 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 project, and g) no project alternative. For a discussion on alternatives to the proposed project see Section 8.0 in Final EIR 90-03 for the Zone 20 Specific Plan (SP 203). .I -9- DETERMINAT~ON (To Be Comp q eted By The Planning Department) 0 On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and NEGATIVE DECLARATION will be prepared. - 1 find that the proposed project COULD NOT have a significant effect on the environment, becaw the environmental effects of the proposed project have already been considered in conjunctio. with previously certified environmental documents and no additional environmental review j required. Therefore, a Notice of Detennination has been prepared. 7 X I find that although the proposed project could have a significant effect on the environment, the1 will not be a significant effect in this case because the mitigation measures described on a attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and a ENVIRONMENTAL IMPACT REPORT is required. ILL, 1773 %.+gim+. % 1 Date h ad a Date Planning Director - U LIST MITIGATING MEASURES (IF APPLICABLE) 1. The applicant shall provide the following noise mitigation measures to comply with Plannix Department Policy No. 17: a. Prior to occupancy of individual units, the applicant shall construct sound attenuation walls, berms, or a combination of both along Alga bad per the requiremem of the project's noise study dated February, 1992. If sound attenuation walls are provided along Alga Road, the waits shall be designed with pilasters, be compatiile with the proposed development, offset with tnx- wells,and~toprovidescreeningofthewallsfromtheroa~in order to reduce visual impacts along the StreeL b. To obtain an interior noise level of 45 CNEI, the windows and doors in buildings subject to traf6c noise must be dosed, therefore, a "windows clase!d" condition is applicable and a mechanical ventilation system with iksh air provisions in accordance with the Uniform Building Code and Planning Department Policy No. 17 is requkd. -10- 0 0 c. Prior to the issuance of building permits the owner of the record of the property shall prepare and record a notice that this property is subject to noise impacts from the e Alga Road transportation comdor and overflight, sight, and sound of aircraft operating bm Palomar Airport. The notice shall be prepared in a mannt?r meeting the approval of the Planning Director and the city AttORU?y. d. The applicant shall post ahmdt noise noti€ication signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise, Form #3 on file in the Planning Departmentj. 2. The applicant shall comply with the City's requirements of the National Pollutant Dischargc Elimination System (NPDES) permit. The applicant shall provide best management practices tc reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit, whichever occurs first. 3. Prior to approval of a final map, issuance of a grading permit, or approval of improvement ph for Hidden Vdey Road from the Poinsettia Park south to Palomar Airport Road, whichever occur! first, a detailed biological mitigation, restoration and enhancement plan to mitigate project and Hidden Valley Road biological impacts, per the recommendations of Final EIR 90-03 and the Biological Technical Report of the Sambi Project, dated July 1993, shall be prepared and approved by the City. In addition, and pursuant to Section 1601/1603 of the Fish and Game Code, the applicant shall obtain a Streambed Alteration Agmment bsu the California Fish and Game Department if required for any proposed alterations to existbg M~LIEI~ watercourses and shall comply with any and all pexmit requirements associated therewith. The applicant, in conjunction withtheDeparunentoftheArmyCorpof~shalldeterminewhethera404permitshallbe required for alterations to wetland areas. The applicant, in conjunction with the United States Fish and Wildlife Service shall determine if a 1OA permit or other &dons of the NCCP and ' Endangered Species Act process is required for impacts to coastal sage scrub habita~ Ifapplicable, the applicant shall obtain said permits and comply with those conditions and requkments imposed therewith. 4. Prior to approval of a final map, issuance of a grading pennit, or approval of improvement pIans for Hidden Valley Road from Poinsettia Park south to Palomar Airport Road, the applicant, in discussion with the Planning and , shall consider, if feasiile, the incorporation of an oversized culvert=azd at the Encinas Creek cross& to mitigate the effecls of fragmentation of the open space and wildlife corridor caused by the roadway, and to enhance wildlife mobility in the area. 5. The applicant .shall comply with all mitigation reqttirements of the preliminary Geotechnical Investigation for the project prepared by Pacific Soils Engkehg, Inc., dated February 1989 and any subsequent dons to the report, prior to issuance of a grading permit. 6. In addition to the conditions above, the project shall comply with all the mitig&on ccmditions of Final EIR 90-03 for the Zone 20 Specisc Plan (SP 203), as conrained in Planning cammission Resolution No. 3525, dated June 16,1993. If Final EDR 90-03 is not ded by the City Council this Conditional Negative Declaration shall become null and void and new environmental rwiew Shallberequired, -11- e ~~ACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 0 VPLICANT CONCURRENCE WITH MmGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REMEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. >t "j 2 @3 19% Date >t "j 2 @3 19% Date JG:h -12-