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HomeMy WebLinkAbout1994-01-05; Planning Commission; Resolution 3606*, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I l6 I 17 I 18 19 20 21 0 e PLANNING COMMISSION RESOLUTION NO. 3606 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP, CONDOMINIUM PERMIT, SITE DEVELOPMENT PERMIT, AND HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE, GRADE AND CONSTRUCT A 184 UNIT MULTIFAMILY RESIDENTIAL DEVELOPMENT IN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETTIA HILL CASE NO: CT 93-03/CP 93-02/SDP 93-02/HDP 93-02 WHEREAS, the Planning Commission did on the 5th day of January, 1994, 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 a1 factors relating to the Mtigated Negative Declaration. I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit "ND", dated November 11, 1993, and "PTI", dated October 19, 1993, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: 22 27 bird which has been determined to be transitory in occupance. 26 25 24 1. The initial study shows that there is no substantial evidence that the project may 23 Findins: have a significant impact on the environment. 2. The site has been previously partially cleared for agriculture and contains no sensitive animal or plant species with the exception of one sighting of a threatened 28 .> 1, I/ e 0 3. The existing and proposed streets are adequate in size to handle the anticipate 1 2 4. There are no sensitive resources located onsite or located so as to be significant1 impacted by the development and implementation of the master plan. 3 4 5 1. Prior to issuance of a grading permit, the applicant shall demonstrate that th proposed grading is in conformance to the recommendations of the "Geotechnic; 6 Feasibility Investigation, 36 Acre Parcel, Carlsbad, California", prepared by ICG Inc 7 dated February 16,1990, and on file in the City of Carlsbad Planning Departmen traffic. Conditions: 8 9 10 11 12 13 14 15 16 2. To mitigate fugitive dust and other construction-related air quality impacts, tE developer shall do the following: 0 Control fugitive dust by regular watering, or other dust preventive measure: 0 Maintain equipment engines in proper tune; . Seed and water until vegetation cover is grown; 0 Spread soil binders; . Wet the area down, sufficient enough to form a crust on the surface wit repeated soakings, as necessary, to maintain the crust and prevent dust pic up by the wind; 0 Street sweeping, should silt be carried over to adjacent public thoroughfares 0 Use water trucks or sprinkler systems to keep all areas where vehicles mov 0 Wet down areas in the late morning and after work is completed for the dq 0 Use of low sulfur fuel (0.5% by weight) for construction equipment. damp enough to prevent dust raised when leaving the site; 17 3. To mitigate potential archeological impacts, the developer shall perform a dat 18 recovery operation, as described in the City of Carlsbad Cultural Resource Guidelines prior to the issuance of any clearing, grubbing, grading or buildin 19 permit. 20 4. To mitigate potential paleontological impacts the developer shall accomplish th~ 21 following prior to hal map approval or issuance of grading permit: 22 23 24 25 26 27 28 A paleontologist shall be retained to perform a walkover survey of the sit and to review the grading plans to determine if the proposed grading wil impact fossil resources. A copy of the paleontologist's report shall b provided to the Planning Director prior to issuance of a grading permit. 0 A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the PC RES0 NO. 3606 -2- ,. ,, ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 0 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. 5. Prior to ihal map approval, the applicant shall be required to: (1) consult with th U. S. Fish and Wildlife Service (FWS) and California Department of Fish & Gam (FW) regarding the impact of the project on the Coastal California Gnatcatche and; (2) be issued any pennits required by the EWS and F&G. 6. To mitigate the loss of southern mixed and chamise chaparral habitai Arctostaphylos glandulosa var. crassifolia (Del Mar Manzanita), Comarostaphyii diversifoh (Summer holly) and Ceanotbus verrucosus (Wart-stemmed Ceanothus> the proposed development shall demonstrate conformance to the recommendation of the "A Biological Study of the Poinsettia Hills Development Project...", prepam by Anita M. Hayworth and dated April 1992, on file in the City of Carlsbat Planning Departmenh prior to the approval of any final map or issuance of an; gradingpennit- 7. To preserve the connectivity of the open space dong the northern edge of &I project, the exkting disturbed areas of the SDG&E easement and the mandactum slopes resulting from the access road to the affordable housing site shall be planta with native species and maintained to prevent invasion by non-native species. A landscaping plan showing this planting and maintenance shall be submitted to an( approved by the planning Director prior to approval of iid map or issuance c gradingpermit- .... 24 .... 25 "" 26 27 PC RES0 NO. 3606 -3- 28 I/ I1 .. I, a 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin; Commission of the City of Carlsbad, California, held on the 5th day of January, 1994, b 1 2 3 4 5 6 7 the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobl & Hall. NOES: Commissioners Erwin & Welshons. ABSENT: None. 8 I/ ABSTAIN: None. 9 10 11 12 ATTEST: 13 I/ " CARLSBAD PLANNING COMMISSION 14 l5 16 PLANNING DIRECTOR 17 18 19 I/ 20 ~ 21 22 23 24 25 11 26 11 PC RES0 NO. 3606 27 -4- 28 .I ., CONDtTIONAL NEGATIVE DECLARATION ' PROJECT ADDRESS/LOCATtON: South of Palomar Airport Road, east of El Camino Real, City of Carlsbad, County of San Diego. PROJErn DESCRIPTION: Tentative tract map, condominium permit, site development plan and hillside development permit for the subdivision, grading, and construction of 184 multifamily units on a 36.2 acre parcel. 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 sigTllficant impact on the environment) is hereby issued for the subject project. Justification for this action is on Ne in the Planning Department. A copy of the Conditional Negative Declaration with supportive documents is on fle 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 Pkmning Department at (619) 438-1161, extension 4499. 4Gda.a MICHAEL JhOLZhhLLER Planning Director DATED: NOVEMBER 11, 1993 CASE NO: CT 93-03/CP 93-02/SDP 93-02/HDP 93-02 CASE NAME: POINSE?TIA HELL PUBLISH DATE: NOVEMBER 11,1993 2075 Las Palmas Drive Carlsbad, California 92009-1576 (61 9) 438-1 161 ,. *. 0 0 ENvlRONMENTAL IMPACT' ASSESSMENT FORM - PART JI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. CT 93-03/CP 93-02/SDP 93-02/HDP 9 DATE: OCTOBER 19. 1993 1. CASE NAME: POINSETTIA HILL 2. APPLICANT: POINSETTIA HILL. LIMITED 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 23 CORPORATE PLAZA, SUITE 139 NEWPORT BEACH, CA 92660 (6191 438-4090 4. DATE EIA FORM PART I SUBMITTED: MARCH 17. 1993 5. PROJECT DESCRIPTION: A TENTATIVE TRACT MAP. CONDOMINIUM PERMIT. DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT PEE FOR SUBDMDING, GRADING. AND CONSTRUCTION OF MULTIFAMILY UNITS ON 36.2 ACRES LOCATED 0.75 M SOUTH OF PALOMAR AIRPORT ROAD AND 0.25 MILES WES EL CAMINO REAL. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduc Environmental Impact Assessment to determine if a project may have a significant effect on the environr The Environmental Impact Assessment appears .in the following pages in the form of a checklist. checklist 8 identifies any physical, biological and human factors that might be impacted 'by the proF project and provides the City with information to use as the basis for deciding whether to prepar Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the proje any of its aspects may cause a signrficant effect on the environment. On the checklist, "NO" wi checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect o project may cause a sinnificant effect on the environment. The project may qualify for a Neg Declaration however, if adverse impacts are mitigated so that environmental effects can be de€ insignificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-i respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form u DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discu: mitigation for impacts which would otherwise be determined significant. c .. .. a 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 ic 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 amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? -2- 0 YES (si@ - - YES NO (insig) X X - X X X X x X X X X .. I. 0 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 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? YES YES NO (sip) (insig) X - - X 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? X 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: YES YES NO big) (insig) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? X .. -3- (i e 0 HUMAN ENVIRONMENT WILL THE PROPOSAL DFECTLY OR INDIRECTLY: YES YES NO (sip) - (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. ~ncrease 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- - - - - - - - - - - - - - - X - X - X X - X X X X X -. X X -. X X .. 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 33. 34. 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. 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.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YES NO (sk) (insig) X X X - X -5- .. .. a 0 DtSCUSSION OF ENVTRONMENTAL EVALUATION The Poinsettia Hill proposal (CX 93-03/CP 93-02/SDP 93-02/HDP 93-02) consists of the subdivisio: grading, and consmrction of 184 multifamily units on a 36.2 acre parcel near El Camino Real. TI project site is comprised of a east-west trending ridgeline, with the northern slope being covered \ native chaparral habitat and the southern slope being used for agriculture. A San Diego Gas a Electric power transmission line easement, containing two narrow access roads, transects the site in tl eastern and northern portions and an unimproved roadway follows the ridgeline serving tl neighboring agricultural uses. To the north of the project site is a developed industrial park, to the ea is a parcel proposed for over 300 affordable housing units, to the west is the Phase 111 portion of tk Aviara master plan, and to the south is a sliver of agriculture bordered by an undisturbed area of nath habitat. The site is designated for residential uses and is located within an approved local facilities managemel zone. The property is also covered by the Mello I1 segment of the Local Coastal Program and subje to all applicable provisions of the Carlsbad Municipal Code with regard to subdivision, physic development, and land use. In 1984, the property underwent a General Plan Amendment, Zone Change, Environmental Impa Report and Annexation (GPA 83-2, ZC 281, ZC 316, EER 83-7, and Annex. No. S 1.39). The approv of these requests incorporated the project site into Carlsbad and designated it for medium densii residential uses conforming to the RD-M-Q zoning requirements. The certified environmental impat report for these actions accurately surveyed the project site and all conditions remain essentially : reported in that document. The previously approved development condoned removal of large portior of southern mixed and chamise chaparral (potentially 11.5 acres) for high density residential uses. Tk current proposal has been redesigned to avoid all but 6.32 acres of chaparral habitat and to enhanc the existing low quality habitat. Also present in the area are some sensitive plant species. The: species have been slated for preservation and enhancement with this proposed development. California Black tailed gnatcatcher was sighted on one occasion by a representative of the Califom Department of Fish and Game. After further consultation with the Department of Fish and Game ar the United States Fish and Wildlife Service, it was concluded that since there is no coastal sage scn habitat within the project site and only one sighting had been made, the bird's occupation of the are was most likely transitory in nature. A complete biological evaluation is contained in "A Biologic: Study for the Poinsettia Hills Development Project...", prepared by Anita M. Hayworth and dated Apri 1992. The proposed grading of 311,900 cubic yards will not balance on site, however the adjacent propert to the south will be used as a controlled stockpile. This site will most likely contain multifamil residential development in the future and the proposed grading scheme accommodates this ultimat development. The project site will be served by a local collector street, connecting to El Camino Rea approximately 0.25 miles to the east. All public facilities required for development will be installe concurrent with development. Considering the environmental discussions. below, along with the proposed mitigation measures, nc significant, adverse environmental impact should occur as a result of the proposed Poinsettia Hi1 development. -6- ,. 8. 0 e PHYSICAL moNMENT: 1. The area comprising the Poinsettia Hill proposal consists of a prominent east-west trending ridge with two side slopes, extending from approximately 320 feet elevation to approximately 240 feet to the north and south. The underlying geologic composition is predominantly Torrey Sandstone, with a thin cap of Lindavista Formation on the ridgetop and some colluvium and alluvium materials in the southern portion of the site. The only potentially unstable earth condition is due to the alluvial soils that will undergo post-grading settlement. As recommended by the "Geotechnicd Feasibility Investigation, 36 Acre Parcel, Carlsbad, California", prepared by ICG Inc. and dated Febmary 16, 1990, the Settlement can be compensated by recompaction of the fill or by removing the alluvial materials from the fill all together. These alluvium may contain perched groundwater, necessitating surcharging and/or settlement monitoring during grading operations. The evaluations in the geotechnical investigation show that some measures are required to preclude geotechnical hazards within the Poinsettia Hill 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 Poinsettia Hill 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 ridgeline with slopes trailing away to the north and south will remain. No unique physical features are found on the site. The steeper slopes of the northern portion of the project will remain in their existing state and the development on the southern portion will terrace down the slope to preserve the existing topography. Therefore the proposed grading for the Poinsettia Hill 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). In 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 for the proposed tentative map 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 Poinsettia Hill development area. No predominant drainage channel has been established on the project slopes, however there is an east-west trending drainage along the southern boundary of the ' project site. The closest large bodies of water and perennial river are the Pacific Ocean, Batiquitos Lagoon and associated San Marcos Creek, located over a mile to the south and west, well removed from the project's influence. 5. Grading and construction of the Poinsettia Hill 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 1472 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 -7- ,. ," .. e 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. 6. The conversion of s"faces within the Poinsettia Hill tentative map from the currently undeveloped, partially, cleared state to a developed, partially 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 sigruficant or substantial changes in the surface and air energy and moisture exchanges. No odor sources are proposed with the Poinsettia Hill 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 is predominantly expressed as sheet flow and no si&cantly channelized flow exists. The future flood waters will be artificially channeled and controlled to flow southward into the storm drain system for Aviara Phase 111. Therefore, the proposed Poinsettia Hill project will not substantially change the course or flow of marine, fresh, or flood waters. 8. No siflcant surface waters exist within the Poinsettia Hill area, although there is a small area in the southeast portion of the site that receives runoff from adjacent agricultural uses and could potentially pond after flooding. Perched groundwater sources may be present in the alluvials along the southern boundary of the project, however this is not a significant groundwater source. The "Geotechnical Feasibility Investigation...", dated February 16, 1990, states that groundwater in not expected to adversely affect the development provided the recommendations contained therein are followed. 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 Poinsettia Hill project will incrementally reduce the public water supply, mostly for dust prevention. Occupation of the approximately 184 dwelling units will cause a need for approximately 40,480 gallons per day. Both of these water demands can be met by the existing public water supply, which is served through a 1.25 million gallon potable water tank and a 1.25 million gallon reclaimed water tank. In addition, construction of two 8.5 million gallon potable water reservoirs to serve the area will commence in 1994. As an added safety factor, the project will be conditioned such that no building pennits 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. Since this condition has been incorporated into the tentative map, the proposed Poinsettia Hill development will not substantially affect the quantity or quality of surface water, ground water or public water supply. -8- .. e 0 9. No significant natural resources, such as non-renewable energy sources, mineral resources, or prime agricultural lands, exist within the Poinsettia Hill project area. Grading, construction, and occupation of the residential development 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 184 dwelling units should result in less than a Wo 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. IO. see nine above. 11. The Poinsettia Hill project site does not contain any structures of historical significance. A prehistoric site (W-1879) was identified in the central portion of the site, around the existing dirt roadway. This site has not undergone the necessary field evaluation and data recovery programs. Therefore, the project is conditioned to undergo the archeological significance testing, as described in the City of Carlsbad Cultural Resources Guidelines, dated December, 1990, prior to approval of any final map or grading permit. There are potentially significant fossil areas of Tertiary and Quaternary Ages within the Poinsettia Hill area and, therefore, the grading operations of the project are conditioned to be monitored by a qualified paleontologist in case of fossil discovery. Considering that no historic sites, structures or objects are on site, and that archeological data recovery and paleontological monitoring are mitigation measures for the project, no significant impacts to historic or prehistoric features will occur. 12. The location and variety of the habitats identified within Poinsettia Hill have remained relatively unchanged since the time of the original environmental impact report (EIR 83-7). The habitats are southern mixed and chamise chaparral, baccharis scrub, disturbed chaparral, and non-native grasslands. These conditions were verified and documented in "A Biological Study for the Poinsettia Hills Development .Project...", prepared by Anita M. Hayworth and dated April, 1992. The original Poinsettia Hill development approved through EIR 83-7 allowed residential development in most of the southern mixed and chamise chaparral areas, with only the SDG&E easement and the future affordable housing site slated for preservation. The proposed Poinsettia Hill development would reduce the encroachment into the southern mixed and chamise chaparral to 6.32 acres on the northern slopes while proposing development in the northeasternmost portion of the site. As proposed in the above referenced biological study, the proposed encroachment can be mitigated by the enhancement of 3.98 acres of the existing disturbed, low and medium quality habitat within the SDG&E power line easement and the northern slope area. Included in the enhancement program is the planting of several sensitive plant species, such as Ceanothus verrucosus (Wart-stemmed Ceanothus), Comarostaphylis diversifolia ssp. diversifolia (Summer Holly), and Arctostaphylos glandulosa ssp. crassifolia (Del Mar Manzanita). To guarantee no disturbance, all preserved and enhanced open space areas will be designated as open space lots on the final map. With the exception of the removal of non-native grasslands and 6.32 acres of varying quality chaparral habitat, the Poinsettia Hill proposal does not significantly affect the diversity of habitats within the project area. As discussed in the project's biological study, the project will only impact a few individuals of sensitive plants and no populations will be disrupted. The proposed habitat enhancement program -9- a 0 will include the planting of these sensitive species and no sigmficant impacts are expected. To insure that the biological impacts are kept to levels below simcance, this negative declaration has been conditioned to include conformance with the biological study. Therefore, the proposed development, along with the required mitigation measures, will not adversely affect the diversity of species, habitat or numbers of any species of plants. 13. The only new species of plants proposed within Poinsettia Hill 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 Poinsettia Hill project area is currently used for agriculture, no significant crop production has taken 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 Chesterton and HuerHuero Complex loams. These soils are only fair to good for agricultural purposes and do not represent prime farmland. The proposed development will therefore not significantly reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance. ,lS. The variety of animals species within the Poinsettia Hill project is typical for the area. A complete list of the reptiles, amphibians, birds, and animals sighted or suspected to exist in the project area is contained in EIR 83-7. A single Polioptila melanura California (California Black tailed gnatcatcher) was identified in the northern portion of the SDG&E easement, however due to the lack of coastal sage scrub, it is likely that the bird occupation is transitory. 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. The proposed development plans for Poinsettia Hill avoid the entire area around the location of the gnatcatcher sighting, however to insure that no adverse affect on the gnatcatchers. occur, the Poinsettia Hill 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 Poinsettia Hill project. Fencing of all open space areas should aide in keeping domestic animals from adversely affecting the existing fauna to a significant degree. The only potential deterrent to the movement of animals through the open space in the northern portion of the site is an access road to the affordable housing development in the extreme northeast comer of the project. The roadway and associated grading is approximately 60 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 40 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. -1 0- *. 0 HUMANENVIRONMENT: 17. The existing land uses within Poinsettia Hill project area consist solely of medium density residential uses. The proposed development contains this uses exclusively. Therefore, no significant alteration of present or planned land uses is proposed. 18. All public utilities required to support the proposed Poinsettia Hill development have 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 21. Therefore, no substantial effects on public utilities, schools, police, fire, emergency or other public services should occur. 19. The sewer infrastructure serving the Poinsettia Hill development area will be installed concurrent with grading and improvement operations, therefore no impacts to sewer systems should occur. 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. Therefore, the Poinsettia Hill project will not result in the need for new or modified sewer systems, solid waste or hazardous waste control systems. 20. A temporary increase in the ambient noise levels will occur during grading and construction operations for the Poinsettia Hill 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 construction operations will keep the noise levels below a level of sigdicance. No major arterials are included in, or adjacent to the Poinsettia Hill project, therefore no significant roadway noise sources exist. The proximity of the project site to the McClellan- Palomar Airport increases the potential incidence of aircraft noise. In conformance with the City of Carlsbad Noise Policy, the tentative map is conditioned to place an aircraft noise notice on all properties p.rior to the recordation of any final map. Given the restriction on and relatively short duration of construction activities and the required aircraft noise notices, the proposed Poinsettia Hill 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. Since construction operations are limited to daylight hours, no sigmficant sources or light of glare should OCCUT due to construction operations. Therefore, no sigdicant production of new light or glare should occur as a result of the Poinsettia Hill project. -11- .. m 0 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 proposed density for Poinsettia Hill is well within the residential densities associated with the General Plan designation of Residential Medium density (RM) which covers the site. Therefore, the proposal does not represent a significant alteration in the density or human population of the area. 24. No permanent residents occupy the Poinsettia Hill site and the proposed residential uses will provide additional housing supply. To maintain a balance in housing opportunities the Poinsettia Hill project contains its proportionate share of affordable housing. Considering the above, no significant affect to existing housing or creation of housing demand will occur due to the Poinsettia Hill project. 25. The estimated additional traffic generated by the proposed development of Poinsettia Hill would total 1,472 average daily trips (ADT). - Since the proposed primary access road will have a maximum traffic capacity of 10,000 ADT, no adverse impacts on the proposed roadways should occur due to the Poinsettia Hill development. The off site effects of the traffic generated by this project have been reviewed in "Transportation Analysis for Poinsettia Hill Tentative Map...", prepared by Urban Systems Associates, Inc., dated March 27, 1992 and on file in the City of Carlsbad Planning Department. The Poinsettia Hill tentative map is conditioned to comply with all provisions of the Zone 21 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 sigmficant adverse impacts due to the additional traffic generation of the Poinsettia Hill development should take place. 26. There are no existing parking facilities within the Poinsettia Hill site. All demand for additional parking will be provided concurrent with development, as required by the Carlsbad Municipal Code. The RV storage requirements for Poinsettia Hill will be accommodated in the northeastern portion of the project. Therefore, the proposed project will not affect existing parking facilities or create a large demand for new parking. 27. There is an unimproved, undedicated access road traversing the central portion of the Poinsettia Hill site, just south of the chaparral habitat. This access is currently a common ingress and egress route for the agricultural operations on nearby properties. The construction of the local collector serving the Poinsettia Hill project, shall include connection of the new roadway to the existing unimproved access, thereby maintaining access for the neighboring agricultural uses. The Poinsettia Hill proposal will therefore not adversely impact transportation systems or significantly alter present pattern of circulation or movement of people and/or goods. 28. No waterborne, rail or air traffic use the Poinsettia Hill site directly. Batiquitos Lagoon is restricted from any waterborne traffic and the closest rail line is the Atchison Topeka and Santa Fe line west of Interstate 5. The proximity of the project site to the McClellan-Palomar Airport subjects the area to aircraft overflight, however no height restrictions are necessary since the -1 2- a 0 aircraft are flying at sufficient altitude. The Poinsettia Hill proposal will not significantly alter waterborne, rail or air traffic. 29. The grading and constniction of the Poinsettia Hill 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 be approved by the City Engineer. The improvement of the access road to the project on and off site will decrease traffic hazards along this unimproved traffic routes. Therefore, the Poinsettia Hill project will not significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians. 30. The Poinsettia Hill 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 be maintained throughout grading and construction and all emergency response or evacuation needs are monitored by the Carlsbad Fire Department. The Poinsettia Hill proposal will not adversely interfere with emergency response plans or emergency evacuation plans. 31. The ridgeline topography of the Poinsettia Hill project site makes the north facing slope and ridge visible from public views, such as Palomar Airport Road. Since the southern slope almost constitutes the side of a valley, it is exposed to very few public views. The development has been confined to the south facing slopes therefore the only potential impacts exist along the ridgetop. The project has been designed to incorporate a variety of building orientations, setbacks, and berming and landscaping to soften the rigdetop views of the project. Since the project area is located on relatively high ground, no obstruction of views will occur with development of the site. Therefore, the Poinsettia Hill 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 Poinsettia Hill development area. The 184 dwelling units proposed within Poinsettia Hill will produce a demand of approximately 1.28 acres of park facilities. The 24.25 acre community park within Aviara Phase 111 will accommodate this demand along with the remainder of the park demands for the neighboring properties. The Poinsettia Hill project will therefore not adversely affect the quality or quantity of existing recreational opportunities. 33. As discussed in the preceding text, the proposed Poinsettia Hill 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 or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The proposed development is more sensitive to ecological constraints than the previously approved EIR 83-7 and archeological data recovery is required prior to any development. 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 tern environmental advantage of enhanced and increased native open space justifies potential short-tern impacts. All long-term facility impacts are monitored and compensated by the -1 3- .. " > e e ~dministration of the City Growth Management Program. The Poinsettia Hill proposal does nor have the potential to achieve short-term, to the disadvantage of long-term environmental goals. 35. As detailed above, the proposed Poinsettia Hill 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 Poinsettia Hill 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 4- '7 0, .. ANALYSIS OF VIABLE 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 Poinsettia Hill tentative map and associated grading is necessarily dependent and must be accomplished in one phase. All infrastructure and improvements are necessary for the eventual development of the project and must be installed prior to the construction of the multifamily homes. Phasing of the grading or improvements would not offer environmental advantages and would increase the possibility of future facility impacts. b) The potential site design for Poinsettia Hill has been modified from that currently approved and condoned by EIR 83-07. Alternate site designs would likely increase encroachment into habitat or heavily sloping topography and would produce more environmental impacts. c) The scale of the development is in keeping with all existing approvals, including the Carlsbad General Plan, the Zone 21 Local Facilities Management Plan, and the applicable Local Coastal Program. A reduction of the scale of development could upset the housing balance. An alternate scale of development would not provide a viable, environmentally preferable project. d) AU related planning documents call for medium density residential development within the Poinsettia Hill area. Alternate uses of the site would be in conflict with all planning documents and would not increase the environmental sensitivity of the project. e) The postponement of development does not necessarily offer environmental advantages. As job opportunities in the City increases, so does the need for housing. Also, the proposed open space enhancement and replanting programs will take some time to establish themselves. The potential environmental impacts of the project are not time- dependent and no advantage would be gained from delaying development. . f) The Poinsettia Hill proposal is specifically designed for the existing constraints and opportunities of the project site and the neighboring properties. Relocation of the project is neither logical nor necessary. g) Since the Poinsettia Hill project area is planned for development in the Carlsbad General Plan, the Zone 21 Local Facilities Management Plan, and the applicable Local Coastal Programs, the no project alternative would not be in conformance with these documents. The no project alternative would not produce any significant environmental advantages. -15- , '~ > e 0 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 NEGA? DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because environmental effects of the proposed project have already been considered in conjunction 7 previously certified environmental documents and no additional environmental review is requj 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 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 ENVIRONMEN IMPACT REPORT is required. *, -4- Signature 1 1;?>/q -5 lq,u &&i& Plhg Directors U LIST MITIGATING MEASURES [IF APPLICABLE) 1. Prior to issuance of a grading permit, the applicant shall demonstrate that the proposed grading is in conformance to the recommendations of the "Geotechnical Feasibility Investigation, 36 Acre Parcel, Carlsbad, California", prepared by KG Inc., dated Febriaary 16, 1990, and on file in the City of Carlsbad Planning Department. 2. To mitigate fugitive dust and other construction-related air quality impacts, the developer shall do the following: e e e e e e 0 0 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 with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind; Street sweeping, should silt be camied over to adjacent public thoroughfares; Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough tc 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. -16- *C 0 e . 3. To mitigate potential archeological impacts, the developer shall perform a data recovery operation, as described in the City of Carlsbad Cultural Resources Guidelines prior to the issuance of any clearing, grubbing, grading or building permit. 4. To mitigate potential paleontological impacts the developer shall accomplish the following prior to final map approval or issuance of grading permit: 0 . 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. 0 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. 0 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. 0 All fossils collected shall be donated to a public, nonprofit institution with a research interest in the materials, such as the San Diego Natural History Museum. 0 Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. 5. 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. 6. To mitigate the loss of southern mixed and chamise chaparral habitat, Arctostaphylos glandulosa var. crassifolia (Del Mar Manzanita), Comarostaphyk diversifolia (Summer holly) and Ceanothus vermcosus (Wart-stemmed Ceanothus), the proposed development shall demonstrate conformance to the recommendations of the "A Biological Study of the Poinsettia Hills Development Project...", prepared by Anita M. Hayworth and dated April, 1992, on He in the City of Carlsbad Planning Department, prior to the approval of any final map or issuance of any grading permit. 7. To preserve the connectivity of the open space along the northern edge of the project, the existing disturbed areas of the SDG&E easement and the manufactured slopes resulting from the access road to the affordable housing site shall be planted with native species and maintained to prevent invasion by nonnative 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. -1 7- -* e 0 APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS 1s TO CERTIFY THAT 1 HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR I"I THE ADDITION OF THESE MEASURES TO THE PROJECT. n 1 'rfL I /O-&l- 73 ?/- - Date Signature -1 8-