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HomeMy WebLinkAbout1995-12-13; Planning Commission; Resolution 38550 0 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 ~ I PLANNING COMMISSION RESOLUTION NO. 3855 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM FOR THE GREEN VALLEY MASTER PLAN ON 281.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: EIR 93-02 WHEREAS, Carlsbad Partners Limited has filed a verified applical ENVIRONMENTAL IMPACT REPORT, FINAL EIR 93-02, certain property, to wit: A portion of Section 2. Township 13 South, Range 4 West; and E portion of Section 35, Township 12 South, Range 4 West, Sar Bevino Meridian, City of Carlsbad, County of San Diego, State o! California with the City of Carlsbad, which has been referred to the Planning Commission; a WHEREAS, said application constitutes a request for approval of thc Valley Master Plan as is more fully described in the Final Program Environmental Report as the Reduced Project Alternative, EIR 93-02 as provided in Chapter 19.02 Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th of January, 2nd day of February, 1994, and the 13th day of December, 1995, hold a duly noticel hearing as prescribed by law to consider said request; and WHEREAS, a Reduced Project Alternative has been proposed by the a] which reduces the project’s proposed commercial square footage by half to 300,00( feet and increases the residential portion to 55.8 acres; and WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission consic factors relating to the project; and I I e 0 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission as follows: A) That the foregoing recitations are true and correct. B) That the Program Environmental Impact Report EIR 93-02 will be a1 to include the comments and documents of those testifymg at thc hearing and responses thereto hereby found to be in good faith and by incorporating a copy of the minutes of said public hearings into the C) That the Program Environmental Impact Report EIR 93-02 as so a: and evaluated is recommended for acceptance and certification as t Program Environmental Impact Report and that the final 1 Environmental Impact Report as recommended is adequate and F reasonable information on the project and all reasonable and alternatives thereto, including no project. D) That among the alternatives evaluated, it is recommended that the E Project Alternative which incorporates mitigation measures as discussec be approved for implementation. E) That based on the evidence presented at the public hearing, the Corn RECOMMENDS CERTIFICATION of the Final Program Enviro~ Impact Report, EIR 93-02, APPROVAL of the Candidate Findings ("CEQA Findings") Dated December 13, 1995, and attached hereto Exhibit "A" and incorporated by this reference; and APPROVAL Mitigation Monitoring and Reporting Program ("Program") Dated Dt 13, 1995, attached hereto marked Exhibit "B" and incorporated reference; and based on the following findings and subject to the fc conditions. Findings: 1. The Planning Commission does hereby find that Final Program EIR 93- CEQA Findings, and the Program have been prepared in accordam requirements of the California Environmental Quality Act, the State EIR Gui and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyz considered Final Program EIR 93-02, the environmental impacts therein id for this project; the Candidate Findings of Fact ("Findings" or "CEQA Fir attached hereto as Exhibit "A" and the Mitigation Monitoring and Re Program ("Program") attached hereto as Exhibit "B", which is incorporated hc this reference, prior to recommending approval of the project. .... PC RES0 NO. 3855 -2- 0 0 1 3. The Planning Commission finds that Final Program EIR 93-02 refle 2 independent judgment of the City of Carlsbad Planning Commission. 3 4. The Planning Commission does hereby recommend approval, accept as : 4 incorporate as if set forth in full herein, and make each and every one of the contained in the "Candidate Findings of Fact'' Exhibit"A". 5 6 7 8 9 10 11 12 13 14 15 16 17 5. As is more fully identified and set forth in Final Program EIR 93-02 anc Candidate Findings of Fact, the Planning Commission hereby finds and reco~ that the City Council find pursuant to Public Resources Code Section 21( CEQA Guidelines Section 15091 that the mitigation measures described as in the above referenced documents, are feasible, and will become binding u entity assigned thereby to implement same. 6. As is also noted in the above referenced environmental documents describe above finding number.4, some of the alternatives to the project which were id as potentially feasible in Final Program EIR 94-01 are found not to be feasib they could not meet both the objectives of the project and avoid the id significant environmental effects through implementation of feasible mi measures for the reasons set forth in said Candidate Findings of Fact. 7. As required by the Public Resources Code Section 21081.6, the P Commission hereby recommends adoption of the Mitigation Monitorj Reporting Program ("Program") (Exhibit "B"). The Planning Commission finds that the Program is designed to ensure that during project implementa developer and any other responsible parties implement the project compone comply with the feasible mitigation measures identified in the Candidate Fin1 Fact and the Program. 18 )I 8. The Record of Proceedings for this project consists of the following: 19 20 21 22 23 24 25 26 27 28 a) The Draft and Final Program EIR for the Project, including appendi technical reports, comments and response to comments; b) All reports, applications, memoranda, maps, letters and other p documents prepared by the planning consultant, the project Applic. environmental consultant, and the City of Carlsbad that are bef decisionmakers as determined by the City Clerk; c) All documents submitted by members of the public and public age1 connection with the EIR on the project; d) Minutes and verbatim transcripts of all workshops, public meetin public hearings; and e) Matters of common knowledge to the City of Carlsbad which they c( including but not limited to, the Carlsbad General Plan, Carlsbad PC RES0 NO. 3855 -3- 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 I I 0 e Ordinance, and Local Facilities Management Plan, which may be fo1 City Hall located at 1200 Carlsbad Village Drive and the Comr Development Ofice located at 2075 Las Palmas Drive in the custody City Clerk and Director of Planning. Conditions: 1. Refer to Exhibit "B", Mitigation Monitoring and Reporting Program, 1 mitigation measures and monitoring programs applicable to development Green Valley Master Plan Project. 2. The attached errata sheet dated December 13, 1995 shall be incorporated il Final Program Environmental Impact Report. 3. Within 30 days of a California Coastal Commission approval of the proji- applicant shall provide an agreement to the satisfaction of the City Attorney City Manager that the applicant will indemnify and hold harmless the City officers, employees, and agents from any and all costs of defense includi judgements, attorney fees, costs and expenses arising out of an action attach adequacy of the environmental documents pertaining to this project. PASSED, APPROVED, AND ADOPTED at a special meeting Planning Commission of the City of Carlsbad, California, held on the 13th day of De 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, 1 Nielsen, Noble and Savary NOES: Commissioner Erwin ABSENT: None ABSTAIN: None I I KIM'WELSHONS, Chairperson CARLSBADPLANNINGCOMh 1 AlTEST I Planning Director PC RES0 NO. 3855 -4- I I 0 0 EXHIE December 13, FINAL CEQA FINDINGS OF FACT City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009-9859 December 6, 1995 r GREEN VALLEY MASTER @ c AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEM FINDINGS OF FACT Section Paqe ............................................ 1 . INTRODUCTION 1 ....................................... II . PROJECT DESCRIPTION 1 111 . PROGRAMEIR .............................................. 5 IV . RECORD OF PROCEEDINGS 6 V . TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA 7 VI . LEGAL EFFECT OF FINDINGS ................................... 8 VI1 . MITIGATION MONITORING PROGRAM 8 VIII . IMPACTS DETERMINED TO BE INSIGNIFICANT 9 IX . DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES 9 .................................... ............. ............................ ...................... ........... A . B . C . D . E . F . G . H . I . J . K . L . LandUse ............................................. 10 Visual Quality/Landform Alteration ........................... 10 Agriculture ............................................ 11 Biological Resources ..................................... 12 Cultural Resources ...................................... 15 Paleontological Resources ................................. 16 Geology Soils .......................................... 16 HydrologyNater Quality .................................. 18 Circulation ............................................ 19 Noise ............................................... 2. AirQuality ............................................ 2E Public Facilities and Services ............................... 2E December 1995 Table of Content: Page 1 ” GREEN VALLEY MASTER (II I AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~~ ~ X . CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES ...... 29 A . B . C . D . E . F . G . H . I . J . K . L . LandUse ............................................. 29 Visual QualitylLandform Alteration ........................... 29 Agriculture ............................................ 30 Biological Resources ..................................... 30 Cultural Resources ...................................... 32 Paleontological Resources ................................. 33 Geology Soils .......................................... 33 HydrologyNater Quality .................................. 34 Circulation ............................................ 35 Noise ............................................... 37 AirQuality ............................................ 39 Public Facilities and Services ............................... 41 ............... XI . FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES 41 December 1995 Table of Content Page I L GREEN VALLEY MAsTEFRAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT BEFORE THE CARLSBAD CITY COUNCIL RE: GREEN VALLEY MASTER PLAN FINDINGS OF FACT 1. INTRODUCTION The Final Program Environmental Impact Report (FPDEIR) prepared on this project addressed the potential environmental effects of developing 281.2 acres of land and associated supporting public facilities and infrastructure. The Green Valley Master Plan submitted by Carlsbad Partners, Ltd. contained both a land use plan and policy language to guide the long- term development of approximately 86.4 acres. The Master Plan, also referred to as the Reduced Project Alternative, proposes residential and commercial development. Additionally the applicant’s preferred project involves designation of approximately 194.8 acres as natural or revegetated open space. In addition to the Green Valley Reduce Project Alternative the FPDEIR evaluated four alternatives to the proposed project. These included the No Project Alternative, the development using the combination of three land uses allowed under existing General Plan Designations, an Environmentally Preferred Alternative, and an Off-Site Project Alternative. II. PROJECT DESCRIPTION The Green Valley Master area contains a total of 281.2 acres. The purpose of the Greer Valley Master Plan is to provide a comprehensive set of guidelines, regulations, anc implementation programs for guiding and ensuring the orderly development of the property ir accordance with the City’s General Plan. The Master Plan defines the allowable type anc intensity of land use, provides detailed development and design standards and criteria, anc describes the method by which the Green Valley Master Plan will be implemented. City Council adoption of the Master Plan will establish the zoning and development standard: for this property. The Green Valley Master Plan will ensure that the subject property i developed in full accordance with the City of Carlsbad General Plan, Local Coastal Program Zone 23 Local Facilities Management Plan, Noise Policy (Noise 171, Open Space ani Conservation Resource Management Pian, El Camino Real Corridor Standards and Carlsbac Habitat Management Plan. December 1995 Page 1 GREEN VALLEY MASTER e 1 AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT The proposed land uses for the Master Plan are residential, community commercial, and open space. These are described as follows: Planning Area 7 - Encinitas Creek Conservation and Buffer Corridor Encinitas Creek traverses the project site in a south to north direction and is adjacent to El Camino Real. This corridor, approximately 400 to 600 feet wide (including proposed revegetation areas) and 5900 feet long is comprised largely of riparian woodland. This area is an important biological area not only for the plant communities associated with the habitat, but also for the birds and wildlife which live in such an environment. As such, it is necessary to maintain this habitat in permanent open space and to ensure that the area is not significantly impacted by any development which occurs in the vicinity. Therefore, the entire existing riparian woodland area has been placed in an open space easement. The Encinitas Creek Conservation and Buffer Corridor, Planning Area 1, contains approximately 79 gross acres. Two roadways over the creek provide access to the project site. These crossing points are at Levante Street and the future Calle Barcelona, located approximately 0.5 miles and 0.9 miles, respectively, south of La Costa Avenue. There will be as little disturbance as possible from this construction and, to mitigate for the loss of habitat, appropriate adjacent area will be planted with new native vegetation in accordance with the requirements of the Local Coastal Program. In addition to preserving sensitive biological resources, the Encinitas Creek Conservation and Buffer Corridor acts as a visual buffer between El Camino Real and planned on-site development to the west of Encinitas Creek in Planning Areas 2 and 3. It enables the site to retain much of its present character when viewed from El Camino Real. Planning Area 2 - Retail Cenier The approximately 18.3-NDA (Net Development Acres) Planning Area 2 is located in the south part of the disturbed portion of Green Valley, west of Planning Area 1. The planning are? extends from the residential area north of Calle Barcelona to the southerly property boundary. Planning Area 2 consists of a retail center. A total of up to 294,000 square feet 01 commercial development may be allowed in Planning Area 2, subject to approval of a Precise Development Plan or PUD by the City Council. Planning Area 3 - Single-Family Residential The approximately 55.8-NDA Planning Area 3 is located in the central-northern disturbec portion of Green Valley. A total of up to 400 single-fami1y.dwelling units, 15% of which mus December 1995 Page , L GREEN VALLEY M.AsTA!AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FA CT be made available to low income households (Chapter 21.85 Carlsbad Municipal Code), may be approved in this area subject to a Site Development Plan or PUD. The single-family residential may be comprised of detached units, townhomes, garden or patio homes. Planning Area 4 - Upland Bluff Area Planning Area 4 includes the hillside area on the western side of the property that is characterized by relatively steep slopes. This area contains approximately 1 24.1 acres. The highest elevations are on the western boundary, with slopes descending to the east. The bluff area, containing several slopes greater than 25% and a few slopes greater ,than 40%, is generally overlain by southern maritime chaparral, a vegetation community which is declining in the area primarily due to development. Southern maritime chaparral is considered an important plant community on-site in that it is the habitat for sensitive plant species. The upland bluff sensitive habitat area has been permanently preserved with an open space easement and acts as a dramatic backdrop to retail and residential development in Planning Areas 2 and 3. The Upland Bluff Area is a potential mitigation area under the provisions of Carlsbad ordinances related to the approval of such mitigation areas. Planning Area 5 - Convenience Commercial The approximately 1.7-NDA Planning Area 5 is located at the corner of El Camirlo Real and La Costa Avenue. It is currently the site of the building known locally as the "Red Barn." A maximum of 6,000 square feet of commercial development may be allowed in Planning Area 5, subject to approval of a Site Development Plan. The permitted land uses are limited to an art store, gallery, bank/savings and loan, florist, offices or restaurant. The discretionary actions taken by the decisionmakers in approving this Project are: 1. Master Plan, MP 92-01. The Green Valley property is zoned Plannee Community (P-C) (Chapter 21.38). According to the Zoning Ordinance, "Thf Planned Community Zone is applied to properties in excess of 100 acres ir Carlsbad to ensure for the orderly, coordinated development of the site througt coordinated planning between the City and applicant." The Planned Communit) Zone requires the approval of a master plan prior to the approval ,of any permit: for development. 2. Environmental Impact Report, EIR 93-02 - The Environmental llmpact Repor (EIR), as required by the California Environmental Quality Act (CEQA), identifie: all issues of environmental concern as a result of the proposed on-sit( development. After a thorough analysis of each issue, the levlel of impact i: ~~~~ ~ ~_____ ~~ ~~ December 1995 Page I r GREEN VALLEY MASTER. e AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT assessed. If an issue is determined to be significant, appropriate mitigation measures and monitoring programs are established. 3. Local Facilities Management Plan - In 1986 the City of Carlsbad initiated a growth management program which defined 25 Local Facilities Management Plan (LFMP) zones. Each zone corresponds to a specific geographic area within the Carlsbad community. A LFMP plan must be prepared for each zone prior to development. Green Valley is designated by the growth management plan as LFMP Zone 23, which is located in the Southwest Quadrant of the City. This zone plan has been created in accordance with the City of Carlsbad Growth Management Program to address the adequacy of existing and projected project-related public facilities. This analysis includes the zone’s relationship with the eleven identified public facilities: City administration facilities, library, wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection system, and water distribution system. 4. Master Tentative Tract Map, CT 92-08 -The subdivision provides for the initial development of the backbone infrastructure, grading, and environmental protection measures on a tract of land in the central portion of the property. CT 92-08 is intended to be followed by individual tract maps, Planned Unit Developments or Site Development Plans for the development of Planning Areas 2, 3 and 5. 5. Special Use Permit, SUP 92-05 - This permit was required for work within the Encinitas Creek 1 OO-year floodplain which is located in a Special Flood Hazard Area as indicated on the Carlsbad Zoning Map. Work within the floodplain consists of the construction of two access roads; Levante Street and Calle Barcelona. Development within the Special Flood Hazard Zone is subject to all regulations of the Floodplain Management Regulations, Chapter 21 .l 10 of the Carlsbad Municipal Code. 6. Hillside Development Permit, HDP 92-1 5 - A Hillside Development Permit i: required prior to development of all property with a slope of fifteen percent o greater and an elevation differential greater than fifteen feet pursuant to Chapte: 21.95 of the Carlsbad Municipal Code. These conditions exist in Green Valle: and a Hillside Development Permit was therefore required. ~~~~ December 1995 Page A I GREEN VALLEY MASTEaAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Subsequent discretionary approvals that will be required prior to development in the Master Plan area will include one or more of the following: e 0 e e e e e e Site Development Plan Coastal Development Permit Non-Residential Planned Development Conditional Use Permit Tentative Map Planned Unit Development Special Use Permit Local Coastal Program Amendment 111. PROGRAM EIR A Program EIR is an EIR which may be prepared on a series of actions that can be characterized as "one large project" and are related either: (1 ) geographically; (2) as logical parts in the chain of contemplated actions; (3) in connection with the issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or (4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways (CEQA Guidelines, 14 Cal. Code Reg. § 151 68, subd. (a).) Use of a Program EIR can provide the following advantages. The Program EIR can: (1: provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action; (2) ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis; (3) avoid duplicate reconsideration of basic policy considerations; and (4) allow the Lead Agency to consider broad policy alternatives anc program-wide mitigation measures at an early time when the agency has greater flexibility tc deal with basic problems of cumulative impacts; and (5) allow reduction in paperwork. (CEQP Guidelines, 14 Cal. Code Reg. § 151 68, subd. (b).) "Use of the program EIR also enables the Lead Agency to characterize the overall program as the Project being approved at that time. Following this approach when individual activitie2 within the program are proposed, the agency would be required to examine the individua activities whether their effects were fully analyzed in the Program EIR. If the activities woulc have no effects beyond those analyzed in the Program EIR, the agency could assert that tht activities are merely part of the program which had been approved earlier, and no furthe CEQA compliance would be required. This approach offers many possibilities for agencies tc ~~~ ~ December 1995 Page : r GREEN VALLEY MASTER q I AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT reduce their costs of CEQA compliance and still achieve high levels of environmental protection." (CEQA Guidelines, 14 Cal. Code Reg., discussion following § 151 68). The CEQA Guidelines provide that the "degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity." (Guidelines Section 1 5 146). IV. RECORD OF PROCEEDINGS For the purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this Project shall consist of the foliowing: e The Draft and Final Program EIR for the Project, including appendices and technical reports; e All reports, applications, memoranda, maps, letters and other planning documents prepared by the Planning Consultant, the Project Applicant, ana Environmental Consultant, and the City of Carlsbad that are before the decisionmakers as determined by the City Clerk; e All documents submitted by members of the public and public agencies ir connection with the EIR on the Project; 0 Minutes and verbatim transcripts of all workshops, public meetings, and public hearings held by the City of Carlsbad, or video tapes where transcripts are no1 available or adequate; e Any documentary or other evidence submitted at workshops, public meetings and public hearings; and e Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following: - Carlsbad General Plan Carlsbad Zoning Ordinance Local Facilities Management Plan December 1995 Page d GREEN VALLEY MASTER 9 AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FA C7 ~ ~~ V. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA Section 15091 of the CEQA Guidelines requires that, for each significant environmental effec: identified in an EIR for a Project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that "[clhanges or alterations have been required in, or incorporated into, the Project which avoid or substantiallv lessen the significant environmental effect as identified in the final EIR." (emphasis added.) The seconc potential finding is that "[sluch changes or alterations are within the responsibility anc jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such othel agency." The third permissible conclusion is that "[slpecific economic, social or othel considerations make infeasible the mitigation measures or Project alternatives identified in thc final EIR." Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely subs tan ti all^ lesseningn such an effect. The meaning of these terms, therefore, must be gleaned from othel contexts in which they are used. Public Resource Code Section 21081, on which CEQP Guidelines section 1 509 1 is based, uses the term "mitigate" rather than "substantially lessen.' The CEQA Guidelines, therefore, equate "mitigating" with "substantially lessening." Such ar understanding of the statutory term is consistent with Public Resources Code section 21 001 which declares the Legislature's policy disfavoring the approval of projects with significanl environmental effects where there are feasible mitigation measures or alternatives that coulc "avoid or substantially lessen" such significant effects. For purposes of these findings, the term "avoid" shall refer to the ability of one or mor€ mitigation measures to reduce an otherwise significant effect to a less-than-sisnificant level In contrast, the term "substantially lessen" shall refer to the ability of such measurers tc substantially reduce the severity of a significant effect, but not to reduce the effect to a leve of insignificance. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[edl a substantially lessen[ed],' these findings, for purposes of clarity, will specify whether the effect in questions has beer fully avoided (and thus reduced to a level of insignificance) or has been substantially lessenec (and thus remains Significant). The purpose of these findings is to systematically restate the significant effects of the Projec. on the environment identified in the Final Program EIR, and determine the feasibility 0' mitigation measures and Project alternatives identified in the Final Program EIR which woulc avoid or substantially lessen those significant effects. Once the City has adopted sufficien December I995 ~~ Page : GREEN VALLEY MASTER %N e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FAC7 ~~ ~~ measures to avoid a significant impact,t the City does not need to adopt every mitigatior measure brought to its attention or identified in the Final Program EIR. It is the policy of the State of California and the City of Carlsbad to not approve a Project i there are available feasible mitigation measures or project alternatives which woulc substantially lessen that Project's significant environmental effects. Only when such mitigation measures or Project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a Projecl in spite of its significant effects. Another purpose of these findings is to bring focus on Project alternative in the ultimate decisionmaker's decision whether to approve or disapprove the Project. If, after application of all feasible mitigation measures to the Project, significant impacts remain, Projecl alternatives identified in the FPDEIR must be reviewed and determined to be feasible 01 infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decisionmakers conclude any such Project alternatives are infeasible (see further discussion in Feasibility of Alternatives Section). VI. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Carlsbad ("City" or "decisionmakers") hereby finds itself and any other responsible parties, including the Applicant and its successors in interest (hereinafter referred to as "Applicant"), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the Reduced Project Alternative. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the Reduced Project Alternative. VII. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, the City of Carlsbad, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during project implementation, the Applicant and any other responsible parties comply ~~ ~ ~ ~ December 1995 Page 8 GREEN VALLEY MASTER dl AN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FAC7 with the feasible mitigation measures identified below. The program is described in the document entitled "Green Valley Mitigation Monitoring Program." VIIP. IMPACTS DETERMINED TO BE INSIGNIFICANT The following summary briefly describes impacts determined to be insignificant in thc preparation of the EIR. Section 4.0 of the Green Valley Master Plan Program EIR addresses a total of 12 issues fo the Green Valley Master Plan project that may cause significant environmental impacts. CEQF requires that an EIR also identify and briefly explain why various effects of the project wen found not to be significant, and therefore not discussed in detail in the EIR. Several issue: were found not to have potentially significant impacts. These are described below. Light and Glare: The proposed project will incrementally contribute to new light and glare sources both within the project site and the surrounding area. Natural Resources: The proposed project will not result in a significant increase in the rate 0' use of any natural resources or substantially deplete any nonrenewable natural resources. Risk of Upset of Hazardous Substances: The proposed project will not increase the risk of ar explosion or the release of hazardous substances into the environment. Population and Housing: The proposed project will not substantially alter the plannec distribution or balance of population or housing in the area. The project would provide i approximately 400 dwelling units, some of which will be made available to lower incomf households. Energy: The proposed project will not result in the use of substantial amounts of fuel o energy, or substantially increase the demand upon existing energy sources. Human Health: The proposed project would not crease any potential health hazards. IX. DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Final Program EIR identified a number of direct significant environmental effects (0 "impacts") that the Reduced Project Alternative will cause, all of which can be fully avoidec through the adoption of feasible mitigation measures. December 1995 Page 1 GREEN VALLEY MASTER 1c AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT A. LAND USE Significant Effect With the reduction of the retail area under the Reduced Project Alternative to accommodate less than 300,000 square feet, each of the land uses will be in conformance with the General Plan land use descriptions. However, 1. Development, as proposed, of Planning Area 5 as a commercial site would conflict witt' some of the primary and secondary priorities of the Open Space Conservation Resource Management Plan, and development standards of the El Camino Real Scenic Corridor Overlay. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effeci as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. Designate Planning Area 5 as open space within the Master Plan. 2. A physical and visual buffer should be provided between the commercial PA2 and the residential PA3. The requirement for buffering shall be included in the Master Plan. 3. As a procedural follow-up recommended in the OSCRMP, all areas designated as open space in the Master Plan will be designated as such on the General Plan Land Use Map and Zoning Map. This action, although not mitigation, strengthens the preservation of lands designated as open space. B. VISUAL QUALITY/LANDFORM ALTERATION Significant Effect 1. The change from a semi-natural (agricultural) to a built environment. 2. The creation of two road breaks in an otherwise contiguous riparian corridor. December 1995 Page lr GREEN VALLEY MASTER cer AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACl 3. Landform alteration and the creation of manufactured slopes and retaining walls. 4. Intensification of structural development at the southwest corner of El Camino Real anc La Costa Avenue. The proposed Master Plan development standards, subject to approval by the City of Carlsbad, will serve as comprehensive guidelines for the project as a whole. These standards include the following: 1 . Architectural design standards for scale, massing, rooflines, building color and material guidelines, landscaping, and location on-site shall be used to create a visual blend with the bluff topography, existing vegetation, and colors of the native environment. 2. Landscaping and revegetation shall be used to recreate as closely as possible the continuous visual effect of the riparian corridor. 3. Light overspill shall be minimized through the use of lighting shields, minimum intensity lighting, and minimization of lighted signage. 4. Where possible, project contrast shall be minimized and regulated along any bluff silhouette line or adjacent to native vegetation and Encinitas Creek through landscaping/revegetation and lower pads. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. C. AGRICULTURE Significant Effect Since there is no prime farmland existing onsite, there are no significant impacts to agriculture. December 1995 Page 1 I GREEN VALLEY MASTER 0 I ,AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEa4 FINDINGS OF FACT " Finding No mitigation measures are required. D. BIOLOGICAL RESOURCES Significant Effect 1. Approximately 1 .O acres (4.2 percent) of Diegan coastal sage scrub will be directly impacted by the Reduced Project Alternative. Other potentially occurring sensitive sage scrub species would also be affected. These direct impacts are mitigated by the Master Plan which would create 8.01 acres of new coastal sage scrub. 2. Approximately 4.6 acres (14 percent) of southern riparian woodland will be directly impacted by the Reduced Project Alternative. All of these impacts would occur along Encinitas Creek from the proposed crossings for access to the site and the widening of El Camino Real. These impacts are considered potentially significant because of the sensitivity of this community and species observed in it, such as the least Bell's vireo, southwestern willow flycatcher, yellow warbler, and yellow-breasted chat. The proposed Master Plan mitigates these impacts to below a level of significance by incorporating 1 1.75 acres of riparian restoration and 3.5 acres of riparian enhancement into the plan, although the preferred mitigation option is avoidance of impacts. 3. Traffic generated noise represents the most significant indirect impact of this project. The project will increase the amount of area impacted by noise by approximately 2.5 percent in the southern part of the riparian woodland, 3.8 percent in the northern part of the woodland, and not at all in the central portion (Endo Engineering 1993). The area of riparian woodland impacted by project generated noise is estimated to total less than 0.75 acre. This impact is mitigated to a level of insignificance by the 15.25 acres of riparian enhancement proposed by the Master Plan. Because the most preferred mitigation is avoidance, the No Project Alternative would eliminate the impacts and no riparian restoration or enhancements would be required. The following potentially significant biological impacts of the Reduced Project Alternative are - not mitigated by the proposed restoration and enhancement plans presented in the Master Plan. However, they can be mitigated by the measures discussed below under Mitigation Measures. December 1995 Page 12 GREEN VALLEY MASTER e 1 ,AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1. Approximately 1 .O acre (1 3 percent) of southern coastal salt marsh will be directly impacted by the proposed access to the site at Levante Street. This impact is considered a potentially significant cumulative impact because of the sensitivity of this community. 2. The project as proposed will reduce wildlife movement through Encinitas Creek with the placement of the two proposed bridge crossings. This creek is identified as a wildlife corridor in the Carlsbad Habitat Management Plan (HMP). The potential impact to wildlife movement along Encinitas Creek would be considered significant. Although the open space plan presented in the Master Plan incorporates extensive restoration of riparian and upland habitats, potentially significant impacts may still occur from implementation of the project. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. 2. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Open Space and Biological Habitat Enhancement Plan. 3. The Proposed Project shall be modified to avoid the 0.6 acres of coastal sage in the south central portion of the site at the foot of the bluffs in order to alleviate any impacts to coastal California gnatcatcher occupied habitat and potentially occurring sensitive plants. (This measure is not required for the Reduced Project Alternative because it does not impact the 0.6 acres of coastal sage.) ~~ December 1995 Page 13 L GREEN VALLEY MASTER 9 LAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEM FINDINGS OF FACT ~~~ ~~ ~~ 4. Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. 5. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areadwildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through crossing(s) design. Using either the Otay Ranch Corridor Study (Ogden 1992)’ as a model or other specifications acceptable to the California Department of Fish and Game, adequate opportunity for north-south wildlife movement can be created thereby mitigating impacts to wildlife movement along the Encinitas Creek to a level of less than significant. 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. ’ Bridges are preferred to culvert underpasses, and the length of the underpass should be no more than twice its width, a 2 to 1 ratio. Underpasses should be no less than 12 feet in height from grade to ceiling at any given point. If the minimum height is 30 feet or greater, deviation from the 2 to 1 ratio may be considered. ~~ December 1995 Page 14 GREEN VALLEY MASTER 1) AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT E. CULTURAL RESOURCES Significant Effect Implementation of the Proposed Project and the Reduced Project Alternative would result in a potentially significant impact (i.e., total removal) of the cultural resources at archaeological site GV-4. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. One of the following is required. 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum II shall be systematically excavated since Stratum I contains little cultural material and is believed to be imported. Special emphasis shall be placed upon analyzing the faunal remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1 ) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgment, there is nothing to be gained by continuing. December 1995 Page 15 GREEN VALLEY MASTER e AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT F. PALEONTOLOGICAL RESOURCES Significant Effect Although the walkover survey and inspection did not result in the discovery of any fossils onsite, the subject area may contain paleontological resources from Eocene and Pleistocene sedimentary units, and Holocene sediments which could be significantly impacted by the Proposed Project. Careful development of this area may increase our knowledge and collections of the fossil assemblages and environment of deposition of the rock units in this area. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. G. GEOLOGY/SOILS Significant Effect The potentially significant geology/soils impacts associated with the project are as follows: 1. The alluvium and slopewash/colluvium that underlies much of the proposed development area may be susceptible to liquefaction and/or seismically induced settlement during significant seismic events. 2. Future development of the site may create conditions where the on-site materials would be susceptible to slope instabilities. The alluvium and the slopewash/colluvium underlying the area proposed for development. is compressible and considered December 1995 Page 16 GREEN VALLEY MASTER 9 AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~ ~~ ~~ ~~ ~~ unsuitable, in their present state, for the direct support of structural loads. As much as 10 inches of settlement may occur where fills of 20 feet in depth are to be placed. 3. Shallow groundwater may impact the stability and working conditions in trench excavations, drilled pier excavations, or may occur as nuisance water in cutslope excavations. 4. Expansive soils may be encountered in excavations along the eastern site boundary where the Delmar Formation underlies the site. 5. The earth materials onsite are generally susceptible to erosion from running water. Surface runoff has created incised gullies in the loose materials underlying the areas proposed for development. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall December 7995 Page 17 GREEN VALLEY MASTER e AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEM FINDINGS OF FACT be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. H. HYDROLOGYWATER QUALITY Significant Effect 1. The Reduced Project Alternative will increase the 10 year peak runoff on-site less than the 24 percent anticipated for the originally proposed project due to a reduction in impermeable area associated with the commercial land area and the lower density residential development. (No change would result in the peak runoff leaving the site if the storm drain system is built as proposed; see Mitigation Measures.) 2. The Reduced Project Alternative will result in the covering of less than approximately 30 percent of the site with impermeable structures (buildings and paving). Therefore fewer airborne pollutants will collect and become concentrated during the long dry season. The first rain washes these pollutants onto the pavement, which transports them offsite. Food operations in markets and restaurants can result in further pollutants leaking from trash enclosures. This site is located directly adjacent to the biologically-sensitive Encinitas Creek and Batiquitos Lagoon. Without proper mitigation, the project has the potential to significantly impact these resources. 3. Potentially hazardous agricultural chemicals may be present within soils onsite. These materials can come into contact with the receiving waters, and have an adverse impact on the beneficial uses of those waters. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan. 2. Upon submittal of the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared.. The project facilities plans shall December 1995 Page 18 GREEN VALLEY MASTER c) AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading pian review if necessary. 3. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook [March 1993) to the satisfaction of the City Engineer. 4. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. 5. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. 6. Drainage facilities must be provided concurrent with development of the area. 7. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardous/toxic materials onsite, and to make recommendations for any remediation procedures. 8. No grading shall be performed during the rainy season as determined by the Coastal Commission. 9. Detention Basin "C" (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized to provide required freeboard at the crossings of Encinitas Creek for the project access and El Camino Real. 1. CIRCULATION The traffic study analyzed traffic factors related to the Local Facility Management Plan and the Green Valley project in Zone 23, as well as, the adjacent Encinitas Ranch project located in the City of Encinitas, as referenced in Appendix G [Study (8/23/95)1. Existing conditions have been quantified and projections made for the Years 1998, 2000, and 201 0 (Buildout). The SANDAG computer model was utilized in peak hour intersection and road segment analyses to determine future improvement requirements. The originally proposed project access plan assumes project driveways at Levante Street and Calle Barcelona. Alternatives have been analyzed showing impacts of a development that could occur under the General Plan and utilizing various project access alternatives. These alternatives are described in the reports ~~ December 1995 Page 19 GREEN VALLEY MASTER 9 AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ ~~~ ~ ~ entitled "Circulation Facilities, Local Facilities Management Zone 23" and addendum to same, and are included in Appendix G of the EIR. In addition, subsequent to the preparation of the traffic study, some analyses were completed for the Reduced Project Alternative under three potential access configurations. These entire analyses are contained in Appendix G of the EIR [Study Addendum (8/25/95)] and serve to document the project related traffic impacts of these development scenarios and any needed mitigation measures. Significant Effeci Existing Conditions I. Improvements are required at the La Costa Avenue Ramps (Northbound and Southbound) at the 1-5 interchange. Improvements at this interchange are scheduled to begin in late 1995 and be completed by Year 1996-1997. 2. Improvements are required at the intersection of El Camino Real with Olivenhain Road/Leucadia Boulevard. Improvements at this intersection are currently in work. 1998 Impacts 1. La Costa Avenue between 1-5 and El Camino Real will require four lanes. However, it can be noted that the critical intersections at each end of this section arelwill be improved to the required geometrics, which should be considered in the overall evaluation of this issue. 2. The El Camino Real/La Costa Avenue intersection will an added westbound right turn lane. This improvement may not be required for future conditions. 3. The El Camino ReaVOlivenhain Road-Leucadia Boulevard intersection will require a northbound through lane. 2000 Impacts For the Year 2000 conditions, "With" and "Without" the Leucadia Boulevard connection, from 15 to El Camino Real, were analyzed. Calle Barcelona between El Camino Real and Rancho Santa Fe was not assumed to be constructed. The proposed Green Valley project was assumed to be completed and Encinitas Ranch is expected to still be at Phase 1. December 1995 Page 20 GREEN VALLEY MASTER * 1 LAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT 1. "Without Leucadia Boulevard", an interim impact at El Camino Real/La Costa Avenue still remains. The project related impact can be mitigated by the added westbound right turn, but the intersection operations remain at LOS E. In other words, there is still an impact due to background traffic, but the project related impacts are mitigated. With the Leucadia Boulevard connection from the 1-5 to El Camino Real assumed in place, the El Camino Real/La Costa Avenue intersection is no longer over capacity and the westbound right turn lane is no longer required. 2. Either "With" or "Without" Leucadia Boulevard, from 15 to El Camino Real, the El Camino ReaVLeucadia-Olivenhain intersection requires improvement under the three potential alternatives. However, if Alternative 3 ("With" Leucadia) is provided, which includes no site access at Leucadia Boulevard, then LOS E remains even with the mitigation at El Camino ReaVLeucadia-Olivenhain. 3. The northbound side of El Camino Real from Leucadia-Olivenhain to Calle Barcelona needs to be widened from two to three lanes (under the "with" Leucadia Boulevard connection from 15 to El Camino Real) and only for Alternative 3. 20 10 Impacts For Buildout conditions, the "With" Leucadia Boulevard connection, from 15 to El Camino Real, is assumed to be provided and Calle Barcelona, from El Camino Real to Rancho Santa Fe Road, is expected to be constructed as well. The Green Valley and Encinitas Ranch projects are assumed to be fully built out. 1. For reduced development Alternatives 1 and 2 no added intersection mitigation is required. The project access connection configurations serve as mitigation measures in conjunction with the planned road system. If Alternative 3 is provided then mitigation measures are required at the El Camino Real/La Costa Avenue intersection. La Costa Avenue and El Camino Real lntersection The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased traffic volumes. However, the intersection of La Costa Avenue and El Camino Real will be severely impacted by regional through-traffic over which the City has no jurisdictional control. Even with the implementation of roadway improvements, the intersection is projected to fail the City's adopted Growth Management performance standards at buildout. ~~~ ~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ December 1995 Page 21 . ' GREEN VALLEY MASTER 9 AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include but are not limited to 1 ) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The recent certification of the General Plan Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations'' for circulation impacts created by projects which are consistent with the General Ptan and cumulatively contribute to the failure of intersections at buildout, including the La Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore included within the Statement of Overriding Considerations adopted by the City Council for the Genera Plan. To lessen or minimize the impacts specific to the Proposed Project mitigation measures as set forth in Chapter 4.0 and as supplemented or modified by the Reduced Project Alternative as set forth in Chapter 5.0 have been recommended. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative circulation impacts shall be incorporated into the Master Plan. 1998 Mitigation 1. La Costa Avenue between 15 and El Camino Real - Add two (2) additional through lanes. 2. El Camino ReaVLa Costa Avenue - Add a westbound right. December 1995 Page 22 I. GREEN VALLEY MASTER 111 AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~ ~~ 3. El Camino Real/Olivenhain Road-Leucadia Boulevard -Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from 15 to El Camino Real, then this mitigation measure is not required,) 2. El Camino ReaVOlivenhain Road-Leucadia Boulevard -Add a northbound through with a transition lane north of the intersection, However, under the "with" Leucadia Boulevard connection, from 15 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona -Add a northbound travel lane, only for Alternative 3, under the "with" Leucadia Boulevard connection, from 15 to El Camino Real. 4. Leucadia Boulevard -Connection from 15 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino Real/La Costa Avenue intersection. 20 IO Mitiga tion 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 201 0. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still required. J. NOISE Biolouical imDacts associated with noise are found under the section headinq of Biolouical Resources. -~ December 1995 Page 23 L GREEN VALLEY MASTER e 1 LAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Significant Effect 1 . Construction activities on-site will result in short-term increases in noise levels adjacent to site access routes and the on-site areas under construction. 2. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be audible (greater than 3.0 dBA) along one link (Calle Barcelona, east of El Camino Real), potentially audible (between 1 .O and 3.0 dBA) on six links, and inaudible (less than 1 .O dBA) on the twelve remaining roadway links analyzed in 1995. 3. Under year 2000 conditions, project-related traffic noise will be potentially audible (between 1 .O and 3.0 dBA) on up to 5 links, and inaudible (less than 1 .O dBA) on the remaining roadway links analyzed in 1995. 4. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be potentially audible (between 1 .O and 3.0 dBA) on six links, and inaudible (less than 1 .O dBA) on the fifteen remaining roadway links under year 201 0 conditions. 5. Project impacts will be significant on only one link under one scenario (Calle Barcelona east of El Camino Real under 1995 conditions). 6. On-site noise impacts may result from ultimate traffic volumes on El Camino Real, depending upon the sound propagation rate and site design measures incorporated in the project. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: a Construction activities on-site should take place only during the days and hours specified by the City of Carlsbad to reduce noise impacts during more sensitive time periods. December 1995 Page 24 I GREEN VALLEY MASTER @ I AN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT e All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. e Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. e Stockpiling and vehicle staging areas should be located as far as practical from sensitive noise receptors. e Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-site noise monitoring should be performed adjacent to the proposed residential areas, prior to construction of the residential uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: e Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. e Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. e Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. e Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. e Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. December 1995 Page 25 I GREEN VALLEY MASTER 9 r AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ ___ ~ ~ K. AIR QUALITY Significant Effect 1 . The development of the project site will generate exhaust emissions from construction equipment and the automobiles of the construction crew, as well as fugitive dust during soil movement. 2. The Reduced Project Alternative would generate carbon monoxide, reactive organic gases, NOx, particulates, and SOX daily upon build-out in the year 2000 due to the use of natural gas, electricity and vehicular activity, however, in lesser quantities than the Project. This conclusion is based on an estimated reduction in project ADT of 8,400 and a reduction in the amount of commercial square footage by 300,000 square feet. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the General Plan will have cumulative significant impacts on the air quality of the region. The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the 1994 General Plan Update Final Master EIR. These include but are not limited to: 1) provisions for roadway and intersection improvements prior to or concurrent with development, such as improvements to La Costa Avenue and El Camino Real; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services, such as the inclusion of bus stops and bicycle and pedestrian trail systems within the project design; 4) promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The Reduced Project Alternative will be conditioned to comply with the recommended mitigation measures as described in the General Plan and in Section 4.1 1 (AIR QUALITY) of this EIR. Finding Certification of the 1994 General Plan Update Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality - December 1995 Page 26 b GREEN VALLEY MASTER e AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan Update Final Master EIR. The Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding Consideration. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significant short-term (construction-related) air quality impacts can be mitigated to below a level of significance by implementing the following measures: 1. Construction operations requiring road closures or other types of traffic impediments affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours, 2. To reduce the amount of fugitive dust generated during construction activities on-site, it is possible after clearing, grading, earth moving, or excavation activities to: 0 seed and water until ground cover is established; 0 water construction sites and equipment in the morning and evening; 0 time activities to avoid windy periods; 0 conduct street sweeping on local public thoroughfares where silt and sand from the project site has been deposited by the wind. 3. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface (and then be watered again at the end of the day). 4. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover. 5. Grading operations shall not be conducted when winds exceed 30 miles per hour. December 7995 Page 27 > GREEN VALLEY MASTER 1) LAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 6. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. 7. Construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. 8. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 9. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. 10. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. 1 1. Low emission building materials such as preprimed and sanded wood molding and trim products and preprimed wallboard, should be considered for construction materials wherever feasible. 'I 2. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) should be considered on-site to reduce emissions at the power plant serving the site. L. PUBLIC FACILITIES AND SERVICES Significant Effect Overall impacts to public facilities and services have been found not to be significant provided that all the appropriate agency conditions for development are met, including payment of public facilities fees. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. December 1995 Page 28 GREEN VALLEY MASTER bl AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT 1. All the appropriate agency conditions for development shall be met by the Project Applicant, including payment of public facilities fees. X. CUMULATIVE SIGNIFICANT IMPACTS AND MITIGATION MEASURES A. LAND USE Significant Effect Mitigation and adherence to adopted plans will reduce each individual project included within the cumulative scenario land use impacts to less than significant. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in the Final Program EIR. 1. Any future site development permit associated with the master plan shall be reviewed for consistency with the master plan and related discretionary actions including the general plan and local coastal plan amendment, local facilities management plan, special use permit, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit. B. VISUAL QUALITY/LANDFORM ALTERATION Significant Effect The cumulative visual quality/landform alteration impact is less than significant. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. December 1995 Page 29 GREEN VALLEY MASTER e I AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT ~ 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. C. AGRICULTURE Significant Effect The project contains no prime farmland and therefore the buildout pursuant to Series 8 growth projections and the Carlsbad General Plan will not result in a significant cumulative decline in prime agricultural land. Finding Pursuant to Section 1 5091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. At the time of development and agricultural mitigation fee will be paid pursuant to the Coastal Act section 301 71.5 (Public Resources Code). D. BIOLOGICAL RESOURCES Significant Effect The proposed project, in conjunction with cumulative projects, will not result in a significant impact to biological resources. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. ~~ ~ ~ ~ ~~~ ~~ December I995 Page 30 GREEN VALLEY MASTER 9 AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 2. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Open Space and Biological Habitat Enhancement Plan. 3. The Proposed Project shall be modified to avoid the 0.6 acres of coastal sage in the south central portion of the site at the foot of the bluffs in order to alleviate any impacts to coastal California gnatcatcher occupied habitat and potentially occurring sensitive plants. (This measure is not required for the Reduced Project Alternative because it does not impact the 0.6 acres of coastal sage.) 4. Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. 5. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areadwildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through crossing(s) design. Using either the Otay Ranch Corridor Study (Ogden 1992)’ as a model or other specifications acceptable to the California Department of Fish and Game, 2 Bridges are preferred to culvert underpasses, and the length of the underpass should be no more than twice its width, a 2 to 1 ratio. Underpasses should be no less than 12 feet in height from grade to ceiling at any given point. If the minimum height is 30 feet or greater, deviation from the 2 to 1 ratio may be considered. December 1995 Page 31 , GREEN VALLEY MASTER 4 r AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT adequate opportunity for north-south wildlife movement can be created thereby mitigating impacts to wildlife movement along the Encinitas Creek to a level of less than significant. 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. E. CULTURAL RESOURCES Significant Effect The proposed project, in conjunction with cumulative projects, will not result in significant cumulative impact to cultural resources. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum II shall be systematically excavated since Stratum I contains little cultural material and is believed to be imported. Special emphasis shall be placed upon analyzing the faunal remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1 ) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. December 7995 Page 32 GREEN VALLEY MASTER 9 &AN a PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgement, there is nothing to be gained by continuing. F. PALEONTOLOGICAL RESOURCES Significant Effect The proposed project, in conjunction with cumulative projects, will not result in significant cumulative impact to paleontological resources. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. G. GEOLOGY/SOILS Significant Effect The proposed project, in;$onjunction .. . , with cumulative projects, will not result in significant cumulative impact to g&&gy/soils. . ;., .. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. ._ December 1995 Page 33 GREEN VALLEY MASTER 9 AN a PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. H. HYDROLOGYNVATER QUALITY Significant Effect Mitigation measures, including compliance with Regional Water Quality Control Board regulations and implementation of best management practices, will reduce impacts from cumulative projects to a level of less than significant. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan. December 1995 Page 34 GREEN VALLEY MASTER @ AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FIMDINGS OF FACT 2. Upon submittal of the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared. The project facilities plans shall incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook (March 19931 to the satisfaction of the City Engineer. 4. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. 5. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. 6. Drainage facilities must be provided concurrent with development of the area. 7. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardousltoxic materials onsite, and to make recommendations for any remediation procedures. 8. No grading shall be performed during the rainy season as determined by the Coastal Commission. 9. Detention Basin "C" (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized to provide required freeboard at the crossings of Encinitas Creek for the project access and El Camino Real. 1. CIRCULATION Significant Effect The Reduced Project Alternative, in conjunction with cumulative buildout forecasts, will result in a significant cumulative impact to traffic and circulation. Mitigation measures including compliance with the Carlsbad Growth Management Program will reduce impacts from cumulative projects to a level of less than significant. December 1995 Page 35 GREEN VALLEY MASTER CI AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Finding Pursuant to Section 15091 (a)( 1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. The recent certification of the General Plan Final Master EIR 93-01 , by City Council Resolution No. 94-246, including a "Statement of Overriding Considerations" for circulation impacts created by projects which are consistent with the General Plan and cumulatively contribute to the failure of intersections at buildout, including the Las Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore included within the Statement of Overriding Considerations adopted by the City Council for the General Plan. The required street improvements and their phasing, based on ultimate buildout conditions, are as follows: 1998 Mitigation 1. La Costa Avenue between 15 and El Camino Real - Add two (2) additional through lanes. 2. El Camino Real/La Costa Avenue - Add a westbound right. 3. El Camino Real/Olivenhain Road-Leucadia Boulevard -Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from 15 to El Camino Real, then this mitigation measure is not required.) 2. El Camino ReaVOlivenhain Road-Leucadia Boulevard -Add a northbound through with a transition lane north of the intersection. However, under the "with" Leucadia Boulevard connection, from 15 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. December 7995 Page 36 GREEN VALLEY MASTER b) AN a PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona -Add a northbound travel lane, only-for Alternative 3, under the "with" Leucadia Boulevard connection, from 15 to El Camino Real. 4. Leucadia Boulevard - Connection from 15 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino Real/La Costa Avenue intersection. 20 IO Mitiga tion 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 201 0. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still reqilired. J. NOISE Significant Effect The Reduced Project Alternative will result in an increase in ambient noise levels, which together with projected Series 8 development, will result in a cumulative impact on noise levels. Implementing local noise ordinances, constructing buildings according to state acoustical standards, and proper land use planning can mitigate noise impacts to noise sensitive land uses and habitat areas to less than significant levels. Finding Pursuant to Section 15091 (aI(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: a Construction activities on-site should take place only during the days and hours specified by the City of Carlsbad to reduce noise impacts during more sensitive time periods. December 1995 Page 37 1 GREEN VALLEY MASTER 111 AN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 0 All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. e Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. e Stockpiling and vehicle staging areas should be located as far as practical frorr sensitive noise receptors. 0 Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-site noise monitoring should be performed adjacent to the proposed residential areas, prior to construction of the residential uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: e Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. e Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. e Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. e Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. 0 Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. December 1995 Page 38 8 GREEN VALLEY MASTER 9 LAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT K. AIR QUALITY Significant Effect Implementation of the Reduced Project Alternative will contribute to the emissions in the area. Cumulative air quality impacts are anticipated to remain significant and unavoidable. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. Certification of the 1994 General Plan Update Final Master EIR 93-01 by City Council Resolution No. 94-246 includes a "Statement of Overriding Considerations" for air quality impacts. This "Statement of Overriding Considerations" applies to all subsequent projects covered by the General Plan Update Final Master EIR. The Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding Considerations. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significant short-term (construction-related) air quality impacts can be mitigated to below a level of significance by implementing the following measures: 1. Construction operations requiring road closures or other types of traffic impediments affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours. 2. To reduce the amount of fugitive dust generated during construction activities on-site, it is possible after clearing, grading, earth moving, or excavation activities to: b seed and water until ground cover is established; b water construction sites and equipment in the morning and evening; b time activities to avoid windy periods; . -~~ ~~ ~ ~~~ ~ December 1995 ~~ ~~ ~~~~~ ~~ ~ Page 35 1 GREEN VALLEY MASTER 9 LAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT e conduct street sweeping on local public thoroughfares where silt and sand from the project site has been deposited by the wind. 3. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface (and then be watered again at the end of the day). 4. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover. 5. Grading operations shall not be conducted when winds exceed 30 miles per hour. 6. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. 7. Construction equipment using diesel drive internal combustion engines shall use a ~ diesel fuel with a maximum of 0.05% sulfur and a four degree retard. 8. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 9. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. IO. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. 1 1. Low emission building materials such as preprimed and sanded wood molding and trim products and preprimed wallboard, should be considered for construction materials wherever feasible. 12. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) should be considered on-site to reduce emissions at the power plant serving the site. ~~ December 1995 Page 4C GREEN VALLEY MASTER R AN a PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEM FINDINGS OF FACT L. PUBLIC FACILITIES AND SERVICES Significant Effect The Reduced Project Alternative contributes to the cumulative impact on Public Facilities and Services. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. All the appropriate agency conditions for development shall be met by the Project Applicant including payment of public facilities fees. XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the Reduced Project Alternative will cause some unavoidable significant environmental effects, as outlined above (see Section X), the City must consider the feasibility of any environmentally superior alternative to the Reduced Project Alternative, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Citizens for Qualitv Growth v. City of Mount Shasta (1 988) 198 Cal. App.3d 433 1243 Cat. Rptr. 7271; see also Pub. Resources Code section 21 001. Because it is a judgment call whether an alternative is environmentally superior these findings contrast and compare all of the alternatives analyzed in the FPEIR. In general, in preparing and adopting findings a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severed than those of the Project as mitigated. Laurel Heiqhts lmorovement Association v. Regent: of the Universitv of California (1 988) 47 Cal.3d 376 [253 Cal Rptr. 4261; Laurel Hill: Homeowners Association v. Citv Council (1 978) 83 Cal.App. 3d 5 1 5 [I 47 Cal. Rptr. 8421 E also Kings County Farm Bureau v. Citv of Handford (1 990) 221 (Cal.App.3d 692 1270 Cat Rptr. 6501. Accordingly, for this Reduced Project Alt'ernative, in adopting the finding: ~ December 1995 Page 4: GREEN VALLEY MASTER 9 LAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FA CT ~~~ ~~ -~ ~~ ~~ ~~ concerning project alternatives, the City Council considers only those environmental impacts, that for the finally approved project, are significant. Other than the cumulative impacts discussed below, there are no impacts that are not mitigated to a level of less than significant. Where, as in this Reduced Project Alternative, significant cumulative environmental effects remain even after application of all feasible mitigation measures identified in the Final Program EIR, the decisionmakers must evaluate the project alternatives identified in the Final Project EIR. For this project the only significant cumulative impacts which are not mitigated are air quality and traffic. However, these effects have been previously considered in the 1994 General Plan Update Final Master EIR 93-01. The certification of EIR 93-01 by City Council Resolution No. 94-246, included a "Statement of Overriding Considerations" for air quality impacts and traffic impacts at the intersection of La Costa Avenue and El Camino Real for projects that are consistent with the General Plan. Under these circumstances the decisionmakers may still choose to evaluate the project alternatives identified in the Final Program EIR and make findings on the feasibility of Project alternatives. If there is a feasible alternative to the project, the decisionmakers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones which "could feasibly attain the basic objectives of the Project." However, the Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects even if these alternatives "would impede to some degree the attainment of the project objectives" [CEQA Guidelines section 151 26 subd.(d)l CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "Feasible' means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." Pub. Resources Code § 21061 .I The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines, § 15364 ("The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technologica factor."). Accordingly, "feasibility" is a term of art under CEQA and thus is afforded a different meanins under CEQA than may be found in Webster's Dictionary or other traditional sources. Moreover, Public Resources Code section 21 081 governs the "findings" requirement unde CEQA with regard to the feasibility of alternatives. This provision was recently amended b SB 91 9. It states in relevant part: December 1995 Page 4 v GREEN VALLEY MASTER a AN a PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~~~ 'I. . . [Nlo public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: (aI(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." The concept of "feasibility," therefore, as it applies to findings, involves a balancing of various economic, environmental, social, legal, and technological factors. See Pub. Resources Code § 21061 .I ; CEQA Guidelines, § 15364; Pub. Resources Code, § 21 081 .; see also Citv of Del Mar v. Citv of San Dieqo (1 992) 133 Cal.App.3rd 401 , 414-41 7. In Citv of Del Mar v. Citv of San Dieao (1 992) 133 Cal.App.3d 401 , 41 5-41 7, the Court of Appeal found that the City of San Diego had 'I. . . considered and reasonably rejected . , . [certain] project alternatives . . . as infeasible in view of the social and economic realities in the region." Id. at 41 7. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan which included the proposed development project. Accordingly, the court concluded: "Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis which led to the accommodation is of course subject to review, but it need not be mechanically stated at each stage of the approval process. In this sense, 'feasibilitv' under CEQA encomoasses 'desirability' to the extent that desirabilitv is based on a reasonable balancinq of the relevant economic, environmental, social, and technoloqical factors. We accordingly conclude that San Diego dod not abuse its discretion under CEQA in rejecting various project alternatives as infeasible." - Id. (emphasis added). These Findings determine that there are some environmental impacts from the Reduced Projec: Alternative but they are mitigated to below a level of significance. The findings below compare and contrast the alternatives. In rejecting all of the other alternatives, the decisionmakers have examined the finally approved project objectives and weighed the abilitl of the various alternatives to meet the objectives. The decisionmakers believe that thl Reduced Project Alternatives best meets the finally approved project objectives with the leas environmental impact. The objectives considered by the decisionmakers are: December 1995 Page 4 GREEN VALLEY MASTER dl AN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT GENERAL OBJECTIVES 1.1 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. 1.2 To create a visual form for the community that is pleasing to the eye, rich in variety, highly identifiable, reflecting cultural and environmental values of the residents. 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. 1.4 To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. 1.5 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. 1.6 To preserve the neighborhood atmosphere and identity of existing residential areas. 1.7 To offer safe, attractive residential areas with a wide range of housing types, styles and price levels in a variety of locations. 1.8 To ensure that new master planned communities and residential specific plans contribute to a balanced community by providing, within the development, adequate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. 1.9 To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the community as a desirable residential, open space community. 1 .l 0 To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. 1 .I 1 To establish and maintain commercial development standards to address landscaping, parking, signs, and site and building design, to ensure that all existing and future commercial developments are compatible with surrounding land uses. December 1995 Page 44 t GREEN VALLEY MASTER 9 LAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT ~~ ~ ~~~ PROJECT SPECIFIC OBJECTIVES 2.1 Maintain the viability of the riparian woodland corridor of Encinitas Creek and the topographic and habitat features of the upland bluff area. 2.2 Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. 2.3 Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. 2.4 Utilize the linear form of the property to organize the elements of the project and create the maximum feasible buffer and setback from the riparian woodland corridor. 2.5 Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltation/depollutant basins to protect Encinitas Creek and Batiquitos Lagoon. 2.6 Create an on-site circulation system that provides clear, coherent access to the development areas on-site and includes connections into the adjacent jurisdiction. 2.7 Provide sufficient direction for the design of the retail center so that it will respond well to the natural landform and use landscaping to organize and define the main elements of the center. 2.8 Provide a proportionate fair share of affordable housing opportunities. 2.9 Guide the visual transition from undeveloped to developed lands through the use of building form, color, and materials. The final program EIR for the Reduced Project Alternative examined a broad range of reasonable on-site and off-site alternatives to the project to determine whether it could meet the project's objectives while avoiding or substantially lessening one or more of the project's significant, unavoidable impacts. The City has properly considered and reasonably rejected the other project alternatives as "infeasible" pursuant to CEQA. December 1995 Page 45 1 0 GREEN VALLEY MASTER PLAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ NO PROJECT ALTERNATIVE Description of Aiterna tive CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 151 26). This alternative assumes that the site would not be developed with the Reduced Project Alternative, and the site would remain in its existing condition. The existing uses of the site for agricultural production would continue indefinitely as market conditions, and constraints on agriculture (i.e. water costs) dictate. Finding Finding 3-Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The project alternative would not feasibly achieve the basic objectives of the project. Facts in Support of Finding This alternative would not meet the City of Carlsbad planning and design objectives established for the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: General Objectives 1.1 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. 1.4 To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. 1.5 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. December 1995 Page 46 0 GREEN VALLEY MASTER PLAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEM FINDINGS OF FACT 1.7 To offer safe, attractive residential areas with a wide range of housing types, styles and price levels in a variety of locations. 1.8 To ensure that new master planned communities and residential specific plans contribute to a balanced community by providing, within the development, adequate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. 1.10 To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. Project Specific Objectives 2.2 Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. 2.3 Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. 2.5 Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltation/depollutant basins to protect Encinitas Creek and Batiquitos Lagoon. 2.6 Create an on-site circulation system that provides clear, coherent access to the development areas on-site and includes connections into the adjacent jurisdiction. 2.8 Provide a proportionate fair share of affordable housing opportunities. DEVELOPMENT UNDER ALL OF THE EXISTING GENERAL PLAN LAND USE DESlGNATlONS Description of Alternative The General Plan Land Use Alternative would propose a Master Plan based on the existins General Plan land use designations of C/O/RMH/OS and use the same development area anc road circulation system as the Reduced Project Alternative. This would allow for developmeni with a combination of Commercial, Office and Residential Medium High Density, 8-1 5 dwellins units per acre. This alternative would not require a General Plan Amendment. Land use: would be as follows: ~~ December 1995 Page 4 I e GREEN VALLEY MASTER PLAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~~ ~~ ~ ~ a 400 multi-family dwelling units e 335,000 sq. ft. of retail a 350,000 sq. ft. office In addition to the General Plan land uses, the same Master Plan proposed open space uses would apply. As with the Reduced Project Alternative, each of the identified potentially significant impacts associated with the project are expected to be reduced to less than significant levels by mitigation measures described for the proposed project. The same mitigation measures are expected to be applied similarly to the General Plan Land Use Alternative. Both the originally proposed project and the General Plan Alternative would have the same impacts to biology. No other potential impacts identified as insignificant for the proposed project would be potentially significant under this alternative, due to the similarity of use with the proposed project. Because this alternative only shifts some of the land uses for individual lots, swapping commercial uses of office use, the impacts would remain the same as those expected from the proposed project. Finding Finding 3-Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. This project alternative would not feasibly achieve the basic objectives of the project. Facts in Support of Finding The review process for the project and the alternatives has included an extensive public participation process and an analysis of specific conditions which effect the property which included market studies and evaluation of the surrounding community. This process has progressed beyond what the General Plan land use designations anticipated for the property. This alternative, when compared with the Reduced Project Alternative, has a greater amount of development and more impacts. The key factors can be compared and contrasted to the Reduced Project Alternative in Exhibit 1. This alternative would not meet the City of Carlsbad planning and design objectives established for the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. December I995 Page 4E I 0 GREEN VALLEY MASTER PLAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ 1.5 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. 1.6 To preserve the neighborhood atmosphere and identity of existing residential areas. 1.9 To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the City as a desirable residential and open space community. ENVIRONMENTALLY PREFERRED ALTERNATIVE Description of Alternative The "Environmentally Preferred Alternative" is a modified development program and site design which would reduce or eliminate potential impacts of the project. This alternative was identified for comparison to the originally proposed project. In the context of the range of alternatives currently under consideration a more accurate description would be a biologically preferred alternative. This is because the most significant change represented by the alternative is a change to biological impacts. Other key factors between four alternatives can be compared and contrasted in Exhibit 1. The land use designation under this alternative would be consistent with the General Plan Land Use Alternative (previously described) which utilizes all four potential land uses contained in the combination district designation (C/O/RMH/OS). A modified site design would eliminate the 0.6 acre impact to coastal sage shrub adjacent to the upland bluff. Total daily traffic would be further reduced but total peak hour trips would be increased as compared to the Proposed Project. The proposed creek crossing at Levante Street is eliminated by the Environmentally Preferred Alternative to further reduce the impacts to biological resources. Access to the site would be from future Leucadia Boulevard to the south in the City of Encinitas and from El Camino Real to the east via an extension of future Calle Barcelona. Finding The alternative described as the "Environmentally Preferred Alternative" was identified and analyzed as part of the planning review process in 1993-94 prior to the preparation and analysis of the Reduced Project Alternative. The Reduced Project Alternative came about as a result of additional planning review in 1995. A comprehensive comparison of the twc alternatives (see Exhibit 1) finds that while the alternative originally described as the December 1995 Page 45 L I a GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT "Environmentally Preferred Alternative" does reduce biological impacts the Reduced Project Alternative overall produces the environmentally superior project. Facts in Support of Finding The key facts of comparison between the Proposed Project, "Environmentally Preferred Alternative" and Reduced Project Alternative are shown in Exhibit 1 and discussed below. 1. The total development program of the "Environmentally Preferred Alternative" of 685,000 s.f. of commercial development and 400 multi-family dwelling units is more intense than the total development program of the Reduced Project Alternative which is comprised of 300,000 s.f. of commercial development and 400 single-family dwelling units. The development area remains the same for both alternatives. 2. The daily trip generation and combined A.M./P.M. peak hour trip generation is greater for the "Environmentally Preferred Alternative" than the Reduced Project Alternative. 3. The elimination of the project entrance at Levante Street does reduce the impacts to biology, however, the Reduced Project Alternative contains mitigation measures that reduce the biological impacts to below a level of significance. 4. The impact to 0.6 acres of coastal sage shrub adjacent to the upland bluffs is eliminated from the Reduced Project Alternative as well as the "Environmentally Preferred Alternative". 5. The second crossing provides benefits over one crossing as noted in the comparison of the three alternatives below. December 1995 Page 50 > * GREEN VALLEY MASTER PLAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Exhibit 1 COMPARISON OF KEY FACTORS General Plan (1 995) (1 993-94) (1 993-1 994) (1 9921 Description Project Preferred Land Use Proposed Reduced Environmentally Total 400 Multi-Family 400 Multi-Family 400 Multi-Family 300,000 S.F. 335,000 S.F. 335,000 S.F. Retail 600,000 S.F. Program Family D.U. D.U. D.U. D.U. Development 400 Single- Project Alternative Alternative Alternative Retail Office Neigh. Retail 350,000 S.F. 12,000 S.F. Retail Retail 350,000 S.F. Office Daily Trip Generation 25,300 26,950 26,950 34,600 Peak Hour 91 0 A.M. 1571 A.M. 2500 Total 4500 Total 4500 Total 4090 Total Generation 2540 P.M. 2929 P.M. 2929 P.M. 31 80 P.M. Trip 960 A.M. 1571 A.M. Crossings of 2 2 1' 2' Encinitas Creek Impacts to 0.6 Acres 0.6 Acres 0 Acres 0 Acres Upland Bluffs Coastal Sage Shrub Habitat 6. The facts noted and illustrated in Exhibit 1 also allow additional comparisons of the environmental impacts of the alternatives. a. The elimination of the point of access at Levante Street would cause the muiti- family residents of a project designed in accordance with the "Environmentally Preferred Alternative" to drive significant additional distances thereby creating a further impact to air quality. This is a result of residential trips to or from destinations north of the site having to travel an additional distance to the south, out of the way, before being able to travel in the desired northerly (1) In accordance with the standards established by the Otay Ranch Corridor Study (Ogden 1992). December 1995 Page 5 1 9 GREEN VALLEY MASTER PLAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT ~~ direction. Based on an estimated 30 percent distribution of trips from the site to the north and the master plan maximum of up to 400 multi-family dwelling units, the additional travel could total approximately 160,000 miles per year. The Reduced Project Alternative retains this access point and therefore eliminates this need for this additional travel distance for the maximum of up to 400 single-family dwelling units. b. The orientation of all residential access to the south to Calle Barcelona may not achieve the public health, safety and welfare requirements of the City of Carlsbad. This includes cul-de-sac standards and multiple points of egress for the fire safety. If the specific technical standards were met, there would remain a situation where a brush fire or other incident could block egress at that narrow southern point and residents of the neighborhood would have no alternative evacuation route to the north, west or east. In this respect, the "Environmentally Preferred Alternative" may not be able to meet the City of Carlsbad planning and design objectives as expressed in the Public Safety Element. Disaster Preparedness as follows: B.2 to establish and maintain safe and effective evacuation routes. The Reduced Project Alternative retains the Levante Crossing as a second point of access and would be able to meet the City of Carlsbad planning and design objectives. OFFSITE ALTERNATIVE Description of Alternative In consultation with the Carlsbad Planning Department, the Robertson Ranch property was chosen for evaluation as an alternative site (off-site alternative) for the proposed Green Valley Master Plan project. The Robertson Ranch property is located on the east side of El Camino Real south of Tamarack Avenue and north of the future Cannon Road in the northern portion of Carlsbad. This site is currently being used for agricultural purposes, with native vegetation on some of .the steeper slopes. A single residence and several agricultural buildings are currently located on this site. Most of this site is designated as RML, Residential Medium-Low, 0-4 dwelling units per acre by Carlsbad's General Plan. A small portion of the site adjacent to the intersection of El ~ December 1995 Page 52 i GREEN VALLEY MASTER b LAN 0 PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Camino Real and Tamarack Avenue is designated as RM, Residential Medium, 4-8 dwelling units per acre. This property is currently zoned Limited Control, L-C. The Limited Control Zone in Carlsbad is a holding zone which is placed on large properties to allow them to continue in agricultural or open space use until a detailed master or specific plan can be completed. At the present time there are no development plans in process with the City for this property. Approximately 1 , 122 units were allocated to the Robertson Ranch by the Zone 14 Local Facilities plan. More detailed planning studies could reduce the potential number of units allowed based on a more accurate slope determination and more detailed environmental review of this site. Although approximately 300 acres of the Robertson Ranch is shown as an alternative site, the alternative site design is located on approximately 75 acres of the property located adjacent to the future intersection of El Camino Real and Cannon Road. This portion of the Robertson Ranch was chosen for an alternative analysis because of its comparable size, location near the intersection of El Camino Real and a future Arterial (Cannon Road), single ownership, agricultural use and similar topography to the Green Valley Master Plan. This alternative site is comparable in size to the actual amount of area that will be developed by the Green Valley Master Plan. Although the Green Valley Master Plan covers 281.2 acres 194.8 of these acres will remain in open space while another 10.6 acres will be in public street right-of-way. After subtracting this acreage only 75.8 acres of land remain for the proposed development. Finding Finding 3-Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of Finding This alternative would not meet the City of Carlsbad planning and design objectives established by the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: December I995 Page 53 9 GREEN VALLEY MASTER PLAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT General Objectives 1.1 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. 1.4 To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. 1.9 To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the community as a desirable residential, open space community. 1 ,lo To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. Project Specific Objectives 2.2 Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. 2.3 Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. 2.5 Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltation/depollutant basins to protect Encinitas Creek and Batiquitos Lagoon. This alternative would place community commercial land use in an area where it has not been planned and not place it in an area where it has been planned for and supported by the growth L and trade area. - December 1995 Page 54 V e GREEN VALLEY MASTER PLAN e PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT SUMMARY The examination of the alternatives has determined on balance that the Reduced Project Alternative represents the approach which best meets the objectives estabiished for the City and the project. There are no impacts that can not be mitigated to below a level of significance and the Reduced Project Alternative, compared to the alternatives, will produce the environmentally superior project. December 1995 Page 55 EXHIBIT "E ' GWEN VALLEY MASTER PLAN * December 13,199! ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM LAND USE Potential Impacts With the reduction of the retail area to accommodate less than 300,000 square feet, each of the land uses will be in conformance with the General Plan land use descriptions. However, 1. Development, as proposed, of Planning Area 5 as a commercial site would conflict with primary and secondary priorities of the Open Space Conservation Resource Management Plan and result in a significant land use effect. Mitigation Measures 1. Designate Planning Area 5 as open space or unplanned area within the Master Plan. 2. A physical and visual buffer should be provided between the commercial PA2 and the residential PA3. The requirement for buffering shall be included in the Master Plan. 3. As a procedural follow-up recommended in the OSCRMP, all areas designated as open space in the Master Plan will be designated as such on the General Plan Land Use Map and Zoning Map. This action, although not mitigation, strengthens the preservation of lands designated as open space. Checkpoints 1. Approval of the Master Plan Responsible Parties 1. Planning Department Sanctions 1. No approval of the Master Plan without designating Planning Area 5 as Open Space or Unplanned Area. VISUAL QUALITYLANDFORM ALTERATION Potential Impacts 1. The change from a semi-natural (agricultural) to a built environment. 2. The creation of two road breaks in an otherwise contiguous riparian corridor. 3. Landform alteration and the creation of manufactured slopes and retaining walls. 4. Intensification of structural development at the southwest corner of El Camino Real and La Costa Avenue. The proposed Master Plan development standards, subject to approval by the City of Carlsbad, will serve as comprehensive guidelines for the project as a whole. These standards include the following: 1. Architectural design standards for scale, massing, rooflines, building color and material guidelines, landscaping, and location on-site shall be used to create a visual blend with the bluff topography, e m D ing vegetation, and colors of the nativ 9 avironment. 2. Landscaping and revegetation shall be used to recreate as closely as possible the continuous visual effect of the riparian corridor. 3. Light overspill shall be minimized through the use of lighting shields, minimum intensity lighting, and minimization of lighted signage. 4. Where possible, project contrast shall be minimized and regulated along any bluff silhouette line or adjacent to native vegetation and Encinitas Creek through landscaping/revegetation and lower pads. These development standards will provide sufficient control to negate the potential visual quality and land form alteration impacts of individual development projects approved and implemented consistent with the Master Plan. In conjunction with the Master Plan, the mitigation measures listed below, will mitigate any remaining visual quality impacts to a level of insignificance. Mitigation Measures 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. Checkpoints 1. Approval of the Master Plan and subsequent discretionary approvals. Responsible Parties 1. Decision making body 2. Planning Department Sanctions 1. No approval of commercial or residential development within the El Camino Real Corridor without a Special Use Permit consistent with Section 21.95.080 of the Carlsbad Municipal Code. 2. No approval of the Master Plan without the establishment of development standards consistent with the above criteria. BIOLOGICAL RESOURCES Potential Impacts 1. Approximately 1.0 acres (4.2 percent) of Diegan coastal sage scrub will be directly impacted by the Project. Other potentially occurring sensitive sage scrub species would also be affected. These direct impacts are mitigated by the Master Plan which would create 8.01 acres of new coastal sage scrub. 2. Approximately 4.6 acres (14 percent) of southern riparian woodland will be directly impacted by the Reduced Project Alternative. All of these impacts would occur along Encinitas Creek from the proposed crossings for access to the site and the widening of El Camino Real. These impacts are considered potentially significant because of the sensitivity of this community and species observed in it, such as the least Bell’s vireo, southwestern willow flycatcher, yellow warbler, and yellow-breasted chat. The proposed Master Plan mitigates these impacts to below a level of significance by incorporating 11.75 acres of riparian restoration and 3.5 acres of riparian enhancement into the plan, although the preferred mitigation option is avoidance of impacts. 3. Traffic generated n @ e represents the most significant indire 9 impact of this project. The project will increase the amount of area impacted by noise by approximately 2.5 percent in the southern part of the riparian woodland, 3.8 percent in the northern part of the woodland, and not at all in the central portion (Endo Engineering 1993). The area of riparian woodland impacted by project generated noise is estimated to total less than 0.75 acre. This impact is mitigated to a level of insignificance by the 15.25 acres of riparian enhancement proposed by the Master Plan. Because the most preferred mitigation is avoidance, the No Project Alternative would eliminate the impacts and no riparian restoration or enhancements would be required. The following potentially significant biological impacts of the Project are not mitigated by the proposed restoration and enhancement plans presented in the Master Plan. However, they can be mitigated by the measures discussed below under Mitigation Measutes. 1. Approximately 1.0 acre (13 percent) of southern coastal salt marsh will be directly impacted by the proposed access to the site at Levante Street. This impact is considered a potentially significant cumulative impact because of the sensitivity of this plant community. 2. The project as proposed will reduce wildlife movement through Encinitas Creek with the placement of the two proposed bridge crossings. This creek is identified as a wildlife corridor in the Carlsbad Habitat Management Plan (HMP). The potential impact to wildlife movement along Encinitas Creek would be considered significant. Although the open space plan presented in the Master Plan incorporates extensive restoration of riparian and upland habitats, potentially significant impacts may still occur from implementation of the project. Mitigation Measures 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. 2. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Open Space and Biological Habitat Enhancement Plan. 3. Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. 4. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areashwildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through the design of one or two crossings. Using either the Otay Ranch Corridor Study (Ogden 1992) as a model or other specifications acceptable to the California Department of Fish and Game, adequate otmortunitv for nort d -south wildlife movement can be created d t erebv also mitigating impacts t6 bildlife movement along the Encinitas Creek to a level of less <han signigcant: * 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. Checkpoints 1. Grading Permit 2. Mitigation report by consulting biologist submitted to the City Planning Department prior to any grading for construction affecting the site. Responsible Parties 1. Planning Department 2. Engineering Department 3. California Department of Fish and Game 4. U.S. Army Corps of Engineers 5. Consulting Biologist Sanctions 1. No approval of grading permits without acceptable mitigation reviewed and approved by the California Department of Fish and Game for creek crossing. 2. No approval of grading permits without satisfactory landscaping and revegetation plans. 3. No issuance of building or occupancy permits without properly accomplished mitigation. CULTURAL RESOURCES Potential Impacts Implementation of the Project would result in a potentially significant impact (i.e., total removal) of the cultural resources at archaeological site GV-4. Mitigation Measures Potential impacts to the archaeological resources onsite shall be mitigated to a level of insignificance by excavation and analysis of a representative sample. This shall include one of the following: 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum I1 shall be systematically excavated since Stratum I contains no significant cultural material. Special emphasis shall be placed upon analyzing the faunal remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. 0 0 Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgment, there is nothing to be gained by continuing. Checkpoints Report by consulting archeologist submitted to City Planning Department upon completion of work D and prior to grading for construction affecting the site. Responsible Parties 1. Planning Department 2. Engineering Department 3. Consulting Archeologist Sanctions No building permits or grading permits to be issued until mitigation report by consulting archeologist is submitted and approved by the City Planning Department. -~ ~~ ~ ~~ ~ ~ ~~ ~~ ~~ ~~ ~~ PALEONTOLOGICAL RESOURCES Potential Impacts Although the walkover survey and inspection did not result in the discovery of any fossils onsite, the subject area may contain paleontological resources from Eocene and Pleistocene sedimentary units, and Holocene sediments which could be significantly impacted by the Proposed Project. Careful development of this area may increase our knowledge and collections of the fossil assemblages and environment of deposition of the rock units in this area. Mitigation Measures The following measures will mitigate to a level of insignificance the potential impacts of the project on any significant paleontologic resources that may be present on the site: 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. Checkpoints 1. Prior to issuance of grading permit. 2. Report by consulting paleontologist upon completion of grading. Responsible Parties 1. Planning Department 2. Engineering Department 3. Consulting Paleontologist Sanctions 0 0 1. No approval of grading permit without mitigation plan. 2. No building permits to be issued until mitigation report by consulting paleontologist is submitted to City Planning Department. ~ ~~ ~~ ~~ ~ ~~ ~~~ GEOLOGY/SOILS Potential Impacts The potentially significant geologylsoils impacts associated with the project are as follows: 1. The alluvium and slopewasWmlluvium that underlies much of the proposed development area may be susceptible to liquefaction and/or seismically induced settlement during significant seismic events. 2. Future development of the site may create conditions where the on-site materials would be susceptible to slope instabilities. The alluvium and the slopewash/colluvium underlying the area proposed for development is compressible and considered unsuitable, in their present state, for the direct support of structural loads. As much as 10 inches of settlement may occur where fills of 20 feet in depth are to be placed. 3. Shallow groundwater may impact the stability and working conditions in trench excavations, drilled pier excavations, or may occur as nuisance water in cut slope excavations. 4. Expansive soils may be encountered in excavations along the eastern site boundary where the Delmar Formation underlies the site. 5. The earth materials onsite are generally susceptible to erosion from running water. Surface runoff has created incised gullies in the loose materials underlying the areas proposed for development. Mitigation Measures . The following measures will mitigate to a level of insignificance the potential geologic impacts of the project: 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. Checkpoints e 0 1. Prior to issuance of grading permit. Responsible Parties 1. Engineering Department Sunc twns 1. No grading permit until mitigation measures are completed. HYDROLOGYmATER QUALITY Potential Impacts 1. The project will increase the 10 year peak runoff on-site less than the 24% anticipated for the project due to a reduction in impermeable area associated with the commercial land area and the lower density residential development. (No change would result in the peak runoff leaving the site if the storm drain system is built as proposed; see Mitigation Measures.) 2. The project will result in the covering of less than approximately 30% of the site with impermeable structures (buildings and paving). Therefore fewer airborne pollutants will collect and become concentrated during the long dry season. The first rain washes these pollutants onto the pavement, which transports them offsite. Food operations in markets and restaurants can result in further pollutants leaking from trash enclosures. This site is located directly adjacent to the biologically-sensitive Encinitas Creek and Batiquitos Lagoon. Without proper mitigation, the project has the potential to significantly impact these resources. 3. Potentially hazardous agricultural chemicals may be present within soils onsite. These materials can come into contact with the receiving waters, and have an adverse impact on the beneficial uses of those waters. Mitigation Measures Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan, in addition to the following measures, will mitigate the potentially significant hydrology/ water quality impacts of the project to below a level of significance. 1. Upon submittal of the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared. The project facilities plans shall incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 2. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook (March 1993) to the satisfaction of the City Engineer. 3. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. 4. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. 5. Drainage facilities must be provided concurrent with development of the area. 6. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardous/toxic materials onsite, and to make recommendations for any remediation procedures. 0 0 7. No grading shall be performed during the rainy season as determined by the Coastal Commission. 8. Detention Basin "C" (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized El Camino Real. to provide required freeboard at the crossings of Encinitas Creek for the project access and Checkpoints 1. Prior to final map recordation 2. Prior to grading and/or building permit Responsible Parties 1. Planning Department 2. Engineering Department Sanctions 1. No recordation of final map or issuance of building and/or grading permits without Financing Plan guarantee for construction of required drainage facilities. 2. No approval of grading permit without necessary conditions and proper drainage and depollutant system shown. CIRCULATION Potential Impacts Existing Conditions 1. Improvements are required at the La Costa Avenue Ramps (Northbound and Southbound) at the 1-5 interchange. Improvements at this interchange are scheduled to begin in late 1995 and be completed by Year 1996-1997. 2. Improvements are required at the intersection of El Camino Real with Olivenhain Roadkucadia Boulevard. Improvements at this intersection are currently in work. 1998 Impacts 1. La Costa Avenue between 1-5 and El Camino Real will require four lanes. However, it can be noted that the critical intersections at each end of this section arehill be improved to the required geometrics, which should be considered in the overall evaluation of this issue. 2. The El Camino Real/La Costa Avenue intersection will an added westbound right turn lane. This improvement may not be required for future conditions. 3. The El Camino Real/Olivenhain Road-Leucadia Boulevard intersection will require a northbound through lane. 2000 Impacts For the Year 2000 conditions, "With" and "Without" the Leucadia Boulevard connection, from I5 to El Camino Real, were analyzed. Calle Barcelona between El Camino Real and Rancho Santa Fe was not assumed to be constructed. The proposed Green Valley project was assumed to be completed and Encinitas Ranch is expected to still be at Phase 1. e 0 1. “Without Leucadia Boulevard”, an interim impact at El Camino ReaYLa Costa Avenue still remains. The project related impact can be mitigated by the added westbound right turn, but the intersection operations remain at LOS E. In other words, there is still an impact due to background traffic, but the project related impacts are mitigated. With the Leucadia Boulevard connection from the 1-5 to El Camino Real assumed in place, the El Camino Real/La Costa Avenue intersection is no longer over capacity and the westbound right turn , lane is no longer required. 2. Either “With” or “Without” Leucadia Boulevard, from I5 to El Camino Real, the El Camino Reawucadia-Olivenhain intersection requires improvement under the three potential alternatives. However, if Alternative 3 (“With” Leucadia) is provided, which includes no site access at Leucadia Boulevard, then LOS E remains even with the mitigation at El Camino Reawucadia-Olivenhain. 3. The northbound side of El Camino Real from Leucadia-Olivenhain to Calle Barcelona needs to be widened from two to three lanes (under the “with” Leucadia Boulevard connection from I5 to El Camino Real) and only for Alternative 3. 201 0 Impacts For Buildout conditions, the ”With“ Leucadia Boulevard connection, from I5 to El Camino Real, is assumed to be provided and Calle Barcelona, from El Camino Real to Rancho Santa Fe Road, is expected to be constructed as well. The Green Valley and Encinitas Ranch projects are assumed to be fully built out. 1. For reduced development Alternatives 1 and 2 no added intersection mitigation is required. The project access connection configurations serve as mitigation measures in conjunction with the planned road system. If Alternative 3 is provided then mitigation measures are required at the El Camino Real/La Costa Avenue intersection. La Costa Avenue and El Camino Real Intelsectwn The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased traffic volumes. However, the intersection of La Costa Avenue and El Camino Real will be severely impacted by regional through-traffic over which the City has no jurisdictional control. Even with the implementation of roadway improvements, the intersection is projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include but are not limited to 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The recent certification of the General Plan Final Master EIR 93-01, by City Council Resolution No. 94-246, included a ‘Statement Of Overriding Considerations” for circulation impacts created by projects which are consistent with the General Plan and cumulatively contribute to the failure of intersections at buildout, including the La Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore includedwithin the Statement of Overriding Considerations adopted by the City Council for the General Plan. The Proposed Project, however, is not consistent with the General Plan because of the inclusion of the Regional Commercial land use designation. Approval of the Proposed Project would therefore require the issuance of a separate Statement of Overriding Consideration. To lessen or minimize the impacts specific to the Proposed Project mitigation measures as set forth in Chapter 4.0 and as supplemented or modified by the Reduced Project Alternative as set forth in e Chapter 5.0 have been recommended. a Mitigation Those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative circulation impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative circulation impacts. 1998 Mitigation 1. La Costa Avenue between I5 and El Camino Real - Add two (2) additional through lanes. 2. El Camino ReaVLa Costa Avenue - Add a westbound right. 3. El Camino Reavolivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from I5 to El Camino Real, then this mitigation measure is not required.) 2. El Camino Reavolivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. However, under the "with" Leucadia Boulevard connection, from I5 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona - Add a northbound travel lane, only for Alternative 3, under the "with" Leucadia Boulevard connection, from I5 to El Camino Real. 4. Leucadia Boulevard - Connection from I5 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino ReaVLa Costa Avenue intersection. 2010 Mitigation 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 2010. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still required. Checkpoints 1. Construction of improvements 2. Approval of tentative map 3. Recordation of final map 4. Building occupancy Responsible Parties 1. Planning Department 2. Engineering Department e Sanctions e 1. No issuance of building permits if Growth Management standards for traffic levels of service are not met. 2. No approval of tentative map without applicable conditions. NOISE Potential Impacts 1. Construction activities on-site will result in short-term increases in noise levels adjacent to site access routes and the on-site areas under construction. 2. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be audible (greater than 3.0 dBA) along one link (Calle Barcelona, east of El Camino Real), potentially audible (between 1.0 and 3.0 dBA) on six links, and inaudible (less than 1.0 dBA) on the twelve remaining roadway links analyzed in 1995. 3. Under year 2000 conditions, project-related traffic noise will be potentially audible (between 1.0 and 3.0 dBA) on up to 5 links, and inaudible (less than 1.0 dBA) on the remaining roadway links analyzed in 1995. 4. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be potentially audible (between 1.0 and 3.0 dBA) on six links, and inaudible (less than 1.0 dBA) on the fifteen remaining roadway links under year 2010 conditions. 5. Project impacts will be significant on only one link under one scenario (Calle Barcelona east of El Camino Real under 1995 conditions). 6. On-site noise impacts may result from ultimate traffic volumes on El Camino Real, depending upon the sound propagation rate and site design measures incorporated in the project. Mitigation Masures The following mitigation measures shall be incorporated into the project to reduce noise impacts below significant and insure compliance with applicable noise standards: 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: a Construction activities on-site should take place only during the days and hours specified by the City of Carlsbad to reduce noise impacts during more sensitive time periods. 0 All construction equipment, fiied or mobile, should be equipped with properly operating and maintained mufflers. 0 Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. 0 Stockpiling and vehicle staging areas should be located as far as practical from sensitive noise receptors. 0 Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-site noise monitoring should be performed adjacent to the proposed residentia f areas, prior to construction of the residentlal 0 uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: 0 Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. o Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. e Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. 0 Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. 0 Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. Checkpoints 1. Discretionary approval of residential units. 2. Inspection of constructed improvements. Responsible Parties 1. Planning Department 2. Engineering Department Sanctwns 1. No approval of discretionary development permits until noise report submitted anc appropriate mitigation implemented. 2. No issuance of subsequent permits. AIR QUALITY Potential Impacts 1. The development of the project site will generate exhaust emissions from construction equipment and the automobiles of the construction crew, as well as fugitive dust during soil movement. 2. The project would generate carbon monoxide, reactive organic gases, NOx, particulates, and SOx daily upon build-out in the year 2000 due to the use of natural gas, electricity and vehicular activity. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the General Plan will have cumulative significant impacts on the air quality of the region. The implementation of subs a, uent projects that are consistent with an d ,ncluded in the General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. To lessen OK minimize the impact on air quality associated with General Plan buildout, avariety of mitigation measures are recommended in the 1994 General Plan Update Final Master EIR. These include but are not limited to: 1) provisions for roadway and intersection improvements prior to or concurrent with development, such as improvements to La Costa Avenue and El Camino Real; 2) measures to reduce vehicle trips through the .implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services, such as the inclusion of bus stops and bicycle and pedestrian trail systems within the project design; 4) promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The Project or the Reduced Project Alternative will be conditioned to comply with the recommended mitigation measures as described in the General Plan and in Section 4.11 (AIR QUALITY) of this EIR. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”. Certification of the 1994 General Plan Update Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan Update Final Master EIR. However, because the Project includes the request for a General Plan Amendment, development of the Project cannot be considered consistent with the General Plan and would therefore require an individual Statement Of Overriding Consideration. Conversely, the Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding Consideration. Mitigation Measures Those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significan’ short-term (construction-related) air quality impacts can be mitigated to below a level of significanct by implementing the following measures: 1. Construction operations requiring road closures or other types of traffic impediment: affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours. 2. To reduce the amount of fugitive dust generated during construction activities on-site, it i: possible after clearing, grading, earth moving, or excavation activities to: 0 seed and water until ground cover is established; 0 time activities to avoid windy periods; 0 conduct street sweeping on local public thoroughfares where silt and sand from thc 0 water construction sites and equipment in the morning and evening; project site has been deposited by the wind. 3. Adequate watering techniques shall be employed to partially mitigate the impact o construction-generated dust particulates. Portions of the project site that are under-goin] earth moving operations will be watered such that a crust will be formed on the grounc surface (and then be watered again at the end of the day). 4. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible tc reduce the amount of open space subject to wind erosion. Irrigation systems needed to wate these plants shall be installed as soon as possible to maintain the ground cover. 5. Grading operations a b all not be conducted when winds excee c 30 miles per hour. 6. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions, 7. Construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. 8. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 9. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. 10. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. The mitigation outlined below and in the traffic section will partially reduce traffiorelated ail emissions and secondary source emissions. However, due to the cumulative incremental nature oj these impacts, mitigation to a level of insignificance cannot be fully achieved. 11. Low emission building materials such as preprimed and sanded wood molding and trirr products and preprimed wallboard, should be considered for construction materials wherevel feasible. 12. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapol lights) should be considered on-site to reduce emissions at the power plant serving the site Checkpoints 1. Grading Permit. Responsible Parties 1. Planning Department. 2. Engineering Department. Sanctwns 1. No approval of grading permits without applicable conditions. ~~~ PUBLIC FACILITIES AND SERVICES The following is applicable for both the Project and the Reduced Project Alternative: Potential Impacts Overall impacts to public facilities and services have been found not to be significant provided thl all the appropriate agency conditions for development are met, including payment of public facilitie fees. Mitigation Measures All the appropriate agency conditions for development shall be met by the project applican including payment of public facilities fees. CheckpointslSanctwns 1. None are required @ 6 ERRATA SHEET GREEN VALLEY MASTER PLAN DECEMBER 13, 1995 Executive Summary Page 1-3 Mitigation Measures The Reduced Project Alternative 1. Designate Planning Area 5 as open space or unplanned area within the Master Plan. Land Use Page 4.1-26 Mitigation Measures 1. ... designated as open space and incorporated into Planning Area 1 X designated as unplanned area. Alternatives Page 5-16 Plan. 1. Designate Planning Area 5 as open space or unplanned area within the Master Public Facilities and Srevices Page 4.12-6 ll 5, second sentence strike and replace - The proiect is withiin the Olivenhain Municipal - Water District service area and both potable and reclaimed water will be provided bv the district to the proiect. Page 4.12-6 ll 6, first line strike and replace OMWD has indicated currently there is sufficient &stkg storage capacity in the district system to Q serve its needs as determined bv the OMWD Board of Directors.