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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 42879 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 PLANNING COMMISSION RESOLUTION NO. 4287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM ENVIRONMENTAL AND RELATED APPLICATIONS, RECOMMENDING APPROVAL OF A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED NORTH OF THE INTERSECTION OF EL CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: TERRACES AT SUNNY CREEK CASE NO.: EIR 98-01 WHEREAS, CamAm Properties, LLC, “Developer”, has filed a IMPACT REPORT, EIR 98-01 TERRACES AT SUNNY CREEK application for certain property, to wit: A portion of Lot “B” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, per Map thereof No. 823, filed in the Office of the County Recorder of said County, November 16,1896 and Lots 1-11 of CT 83-36 per Map No. 11242 as recorded in the Office of the County Recorder of the San Diego County Map 23,1985. with the City of Carlsbad, which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for approval of the T at Sunny Creek Project (“Project”) as is more fully described in the Final P Environmental Impact Report, EIR 98-01, dated January 1998, as provided in Chaptl of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of June 15 17th day of June 1998, and the 1st day of July 1998, hold duly noticed public heal prescribed by law to consider said request; 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 considered all relating to the project; and 9 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That the Final Program Environmental Impact Report consists of th Environmental Impact Report, EIR 98-01, dated October 1997, app written comments and responses to comments, as amended to inc comments and documents of those testifying at the public hearing and rl thereto hereby found to be in good faith and reason by incorporating a co] minutes of said public hearing into the report, all on file in the € Department incorporated by this reference, and collectively referred ’ “Report”. C) That the Environmental Impact Report, EIR 98-01 as so amended and E is recommended for acceptance and certification as the final Envirc impact Report and that the final Environmental Impact Report as recomrr adequate and provides reasonable information on the project and all re and feasible alternatives thereto, including no project. D) That based on the evidence presented at the public hearing, the Con RECOMMENDS CERTIFICATION of Program Environmental Report, EIR 98-01; RECOMMENDS APPROVAL of the Candidate 1 of Fact (“CEQA Findings”), attached hereto marked Exhibit ‘( incorporated by this reference; RECOMMENDS APPROVAL Statement of Overriding Considerations (“Statement”), attached marked Exhibit “B” and incorporated by this referenc RECOMMENDS APPROVAL of the Mitigation Monitoring and RI Program (“Program”), attached hereto marked Exhibit “( incorporated by this reference; based on the following findings and s the following conditions. Findings: - 1. The Planning Commission does hereby find that Final Program EIR 9E Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program Statement of Overriding Considerations have been prepared in accordar requirements of the California Environmental Quality Act, the State EIR Guide1 the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analg considered Final Program EIR 98-01 , the environmental impacts therein iden this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”: Statement of Overriding Considerations attached hereto as Exhibit “B”, the I\/ PC RES0 NO. 4287 -2- 9 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 Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “C”: RECOMMENDING APPROVAL of the project. 3. The Planning Commission finds that Final Program EIR 98-01 reflects the indl judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does hereby RECOMMEND APPROVAL, acce own, incorporate as if set forth in full herein, and make each and every one of the contained in the “Candidate Findings of Fact” (Exhibit “B”). 5. As is more fully identified and set forth in Final Program EIR 98-01 an1 Candidate Findings of Fact, the Planning Commission hereby finds pursuant t Resources Code Section 2108 1 and CEQA Guidelines Section 15091 that the m measures described as feasible in the above referenced documents, are feasible, become binding upon the entity assigned thereby to implement same. 6. As is also noted in the above referenced environmental documents describe in tl finding number 4, each of the alternatives to the project which were iden1 potentially feasible in Final Program EIR 98-01 are found not to be feasible si: could not meet both the objectives of the project and avoid the identified si! environmental effects through implementation of feasible mitigation measures: reasons set forth in said Candidate Findings of Fact. 7. As required by the Public Resources Code Section 21081.6, the Planning Corn hereby RECOMMENDS ADOPTION of the Mitigation Monitoring and R Program (“Program”) (Exhibit “C”). The Planning Commission hereby finds Program is designed to ensure that during project implementation the Developer other responsible parties implement the project components and comply with the mitigation measures identified in the Candidate Findings of Fact and the Program. 8. Changes or alterations have been required in or incorporated into the projec mitigate or avoid each significant effect identified in the EIR . 9. Even after the adoption of all feasible mitigation measures and any feasible altel certain significant or potentially significant environmental effects caused by the will remain. Therefore, the Planning Commission hereby recommends that 1 Council of the City of Carlsbad issue, pursuant to Section 15093 of the Guidelines, a Statement of Overriding Considerations set forth in Exhi€ which identifies the specific economic, social, and other considerations that re unavoidable significant adverse environmental effects acceptable. 10. The Record of Proceedings for this project consists of the following: a. The Report, CEQA Findings, Statement and Program; b. All reports, applications, memoranda, maps, letters and other planning doc prepared by the planning consultant, the project Applicant, the enviro PC RES0 NO. 4287 -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 9 0 consultant, and the City of Carlsbad that are before the decisionm determined by the City Clerk; c. All documents submitted by members of the public and public age connection with the EIR on the project; d. Minutes of all public meetings and public hearings; and e. Matters of common knowledge to the City of Carlsbad which they ( including but not limited to, the Carlsbad General Plan, Carlsbad Ordinance, and Local Facilities Management Plan, which may be fom office of the City Clerk located at 1200 Carlsbad Village Drive I Community Development Office located at 2075 Las Palmas Drivc custody of the City Clerk and the Planning Director. Conditions: 1. The project shall implement the mitigation measures described in Exhil Mitigation Monitoring and Reporting Program, for the mitigation measu monitoring programs applicable to development of the Terraces at SunnJ Project. .... .... .... .... ... .... .... .... .... .... .... ~ , .... I .... .... PC RES0 NO. 4287 -4- 9 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the I Commission of the City of Carlsbad, California, held on the 1st day of July 1998 following vote, to wit: AYES: Chairperson Noble, Commissioners Heineman, Monroy an Compas NOES: Commissioners Nielsen, Savary and Welshons ABSENT: ABSTAIN: I., ATTEST: MICHAEL J. HOLXILLYR Planning Director PC RES0 NO. 4287 -5- * * * Exh d CEQA FINDINGS, FACTS IN SUPPORT OF FINDINGS AN REGARDING FINAL EIR FOR TH: STATEMENT OF OVERRIDING CONSIDERATION PROPOSED TERRACES AT SUNNY CREEK PROJEC The City of Carlsbal Project consisting 0: General Plan Amendment No. 96-0 Zone Change No. 96-0 Specific Plan Amendment No. 190(B Tentative Tract Map No. CT 96-01 Special Use Permit Nos. 96-01 through 96-0d Planned Unit Development Permit No. 96-01 Hillside Development Permit No. 96-0: Local Facilities Management Plan Amendmen Interim Coastal Sage Scrub Loss Permi Site Development Pla State Clearinghouse No. 9611105 (for environmental documenl January 1991 0 0 CEQA Findings an Statement of Overriding Consideratio) CEQA FINDINGS, FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING FINAL EIR FOR THE TERRACES AT SUNNY CREEK PROJECT 1.0 INTRODUCTION 1.1 STATUTORY REQUIREMENTS FOR FINDINGS The California Environmental Quality Act ("CEQA") (Pub.Res.Code § 21081), an the CEQA Guidelines ("the Guidelines") (14 Cal. Code Regs. 31 5091) require that no public agenc approve or carry out a project for which an EIR has been certified which identifies one or mol significant effects of the project unless the public agency makes one or more written findings fc each of those significant effects, accompanied by a brief explanation of the rationale of each findin; The possible findings, which must be supported by substantial evidence in the record, are: (1) Changes or alterations have been required in, or incorporated into, the proje which mitigate or avoid the significant effects on the environment (hereafter, "Finding 1" (2) Changes or alterations are within the responsibility and jurisdiction of moth public agency and have been, or can and should be, adopted by that other agency (hereafte "Finding 2"). (3) Specific economic, legal, social, technological, or other consideration including considerations for the provision of employment opportunities for highly train( workers, make infeasible the mitigation measures or project alternatives identified in the El (hereafter, "Finding 3"). For those significant effects that cannot be mitigated to below a level of significanc the public agency is required to find that specific overriding economic, legal, social, technologic: or other benefits of the project outweigh the significant effects on the environment. The Final EIR identifies significant or potentially significant environmental effec prior to mitigation, that may occur as a result of the proposed Terraces at Sunny Creek Project ('If! project"). In accordance with the provisions of CEQA and the Guidelines, the City of Carlsbad (Y City" or "decision makers") adopts these findings as part of its certification of the Final EIR for t project. 1.2 ORGANIZATION/FORMAT OF FINDINGS In compliance with the statutory requirements, these CEQA findings are organiz as follows: 2 Final EIR for the Terra at Sunny Creek Prq 0 , e CEQA Findings an Statement of Overriding Consideration (1) Significant effects that cannot be mitigated to a level of insignificance; (2) Effects which were determined to be mitigated to below a level a significance; (3) Significant cumulative effects; and (4) Feasibility of project alternatives. 1.3 LEGAL EFFECT OF FINDINGS To the extent these findings determine that proposed mitigation measures identifie in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City hereb binds itself and any other responsible parties, including the applicant and its successors-in-intere! (hereafter "applicant"), to the implementation of those measures. The findings, then, are not mere1 informational or advisory, but constitute binding conditions that will take effect when the Cit adopts the resolution(s) approving the project, certifying the Final EIR and adopting the Mitigatio Monitoring Plan. 1.4 MITIGATION MONITORING PLAN As required by Public Resources Code 321 08 1.6, the City, in adopting these finding also adopts a Mitigation Monitoring Plan as prepared by the environmental consultant under th City's direction. This Plan is designed to ensure that, during project implementation, the applica and any other responsible parties, will comply with the adopted mitigation measures summarize below. The City hereby finds that the Mitigation Monitoring Plan, which is incorporated 1: reference and attached as Exhibit 1 to these findings, meets the requirements of Public Resourcc Code §2 108 1.6 by providing for the implementation and monitoring of project conditions intendr to mitigate potential environmental effects of the project. 1.5 SECTION 21082.1(~)(3) FINDINGS Pursuant to Public Resources Code §21082.1(~)(3), the City hereby finds that tl Final EIR reflects the independent judgment of the City as the lead agency. 3 Final EIR for the Terrac at Sunny Creek Proj 0 0 CEQA Findings an, Statement of Overriding Consideration 2.0 PROJECT DESCRIPTION 2.1 INTRODUCTION The Final EIR prepared for the project addressed the potential environmental effect of developing approximately 59 acres of land located in the northeastern portion of the City o Carlsbad. The property site is bounded by El Camino Real to the south. Agua Hedionda Creek i immediately north of the property site. College Boulevard, which presently ends at the El Camin Real intersection immediately south of the project area, would be extended northerly across th property site as part of the project (i.e., the College Boulevard Extension). The project site was originally a portion of the Kelly Ranch. The property was use for cattle grazing until the 1920s. The property site has been used for farming since that time. Th subject property is part of a previously approved project known as the Sycamore Creek Specifi Plan. The current project area involves two parcels: a 39.9 gross-acre parcel planned fc single-family residential uses (37.8 gross-acres) as well as multi-family affordable housing uses (2. gross-acres); and a 19-acre commercial parcel located west of the proposed College Boulevar Extension. Only the single-family and multi-family residential parcel would be developed as pa of the project. The commercial parcel is considered a related project because, while it has its ow final map, it would be graded at the same time as the proposed Terraces project. The commerciz parcel is slated for development later this year, independent of the proposed Terraces project, an would require a separate Site Development Plan. In addition, two off-site parcels have been examined in conjunction with th proposed project: The Future South Agua Hedionda Td Sewer improvement areas located ea: and west of the project area and a two-acre parcel that was studied as part of the biological mitigatia land for the project. The off-site sewer connections are shown in the Draft EIR, Section 5.2, Figu 5.2-1. The biological mitigation site is located adjacent to the project along the Agua Hedionc Creek drainage, and is discussed in the Draft EIR, Section 5.4, and shown in Figure 5.4-3. The project application includes an amendment to the City of Carlsbad General Pla Land Use Element Map, with a corresponding Zone Change for the property, a Specific Pla Amendment, a Tentative Tract Map and three Special Use Permits. The project would require Planned Unit Development Permit, a Hillside Development Permit, a Local Facilities Managemel Plan Amendment, a Site Development Plan and an Interim Coastal Sage Scrub Loss Permit Specifically, the project would require the following discretionary approvals: General Plan Amendment. The current General Plan Land Use designations of the property are Residential High Density (RH)/Office and Related Commercial (O)/Community Commercial (C) for the 39.9 net acre proposed 4 Final EIR for the Terrac at Sunny Creek Projc a 0 CEQA Findings an6 Statement of Overriding Consideration! single-family development and multi-family affordable housing parcel. The proposed General Plan Amendment (GPA) designation for the single-family and multi-family affordable housing parcel is Residential Medium Density (W). Zone Change. The single-family residential and multi-family affordable housing parcel is currently zoned Office (0), General Commercial (C-2), and Limited Control (L-C); the project proposes a zone change to Residential Density Multiple (RDM). These zone changes would be consistent with the proposed General Plan designations. Specific Plan Amendment. The subject property is part of a previously approved project, the Sycamore Creek Specific Plan. The Specific Plan Amendment is required to delete the land from this prior plan, concurrent with approval of the new tentative tract map. Tentative Tract Map. The project would develop The Terraces, a gated development with 172 single-family detached homes and 28 affordable efficiency units, and 50 affordable multi-family residential units. The latter units would be developed in accordance with the City's Second Units Ordinance and, in concert with the 28 efficiency units, would fulfill the project's affordable housing requirement. The Terraces is proposed to be developed in 12 phases. Special Use Permits. Three Special Use Permits would be part of this project. Two Special Use Permits, one for the commercial parcel and one for the residential parcel, would be required to allow development within an area of special flood hazards (100 year floodplain) as required by Section 21.1 10.130 of the City's Municipal Code. The other Special Use Permit would be required to allow the project to develop within the El Camino Real Scenic Corridor (Section 21.40.040, Carlsbad Municipal Code). Planned Unit Development Permit. A Planned Unit Development Permit is required because the project proposes some lot sizes less than 7,500 square feet (1 18 out of a total of 172 lots are applicable; Lots 1-12,14-19,22,24-34, 150, 152-157, 161-172), and because circulation through the project would be via private streets. Hillside Development Permit. The city's Hillside Development Regulations (Chapter 21.95 Carlsbad Municipal Code) are applied to all residential development projects on properties where a natural slope gradient of 15 38,39,54-58,60,77-91,93-102, 104-1 16, 118-123,126-127, 129-130, 135- 5 Final EIR for the TerraL at Sunny Creek Projc 0 0 CEQA Findings an6 Statement of Overriding Consideration. percent or greater and a slope height greater than 15 feet is found. A Hillside Development Permit is required on properties that meet these criteria. A portion of the project area has applicable slope gradients and heights, necessitating this permit. Local Facilities Management Plan Amendment. The City's Growth Management Plan divides the City into 25 Local Facilities Management Zones. In accordance with the requirements of Chapter 2 1.90 of the Carlsbad Municipal Code, the Local Facilities Management Plan (LFMP) analyzes the adequacy of public facilities, and mandates conditions to ensure that public facilities conform to adopted performance standards. It also provides phasing schedules and finance methods for facilities funding. The project, which is located in Zone 15 of the LFMP, has an existing approved plan for office development (0); a LFMP amendment is required because the project would change the development to residential (RM and RH). Site Development Plan. All affordable housing developments in the City of Carlsbad are required to file a Site Development Plan (21.53.120, Carlsbad Municipal Code). A Site Development Plan for the project is necessary because 50 affordable units are proposed and because the multi-family component exceeds the City's Growth Management Control Point requirements. Interim Coastal Sage Scrub Loss Permit. This permit is required under the provisions of the Interim Rule 4(d) implementing ordinance of the City of Carlsbad, because the applicant proposes to grade coastal sage scrub habitat, an action which is regulated due to the listing of the California gnatcatcher. Since the circulation of the Draft EIR, the project design has been refined to reflect th deletion of property belonging to the adjoining property owner, Rancho Carlsbad, which had bee added to the project footprint. In addition, impacts to the riparian woodlands adjoining th affordable housing were reduced by moving one of the buildings to the south. Finally, a four-foc (4-foot) concrete block wall has been added to pull back the grading along Lots 161 -1 65. As a result, overall impacts are reduced to riparian woodlands along Agua Hedionda Creel The riparian revegetation mitigation area shown on the revised Figure 5.4-3 has also been change due to the deletion of Rancho Carlsbad's property. The riparian revegetation mitigation area lost ~ the western end of the project has been added to the area on the northern side of Agua Hedionc Creek. 6 Final EIR for the Terrac at Sunny Creek Projt 0 e CEQA Findings ant Statement of Overriding Consideration, 2.2 RECORD OF PROCEEDINGS For the purposes of CEQA and the findings set forth below, the administrative recon of the City's decision on the environmental analysis of this project shall consist of the following: 0 The Draft and Final EIR for the project, including appendices and technical reports; 0 All reports, applications, memoranda, maps, letters and other planning documents prepared by the project engineering and design consultants, the environmental consultant and the City of Carlsbad that are before the decision makers as determined by the City Clerk; 0 All documents submitted by members of the public and public agencies in connection with the EIR on the project; 0 Minutes of all workshops, public meetings and public hearings held by the City of Carlsbad; 0 Any documentary or other evidence submitted at workshops, public meetings and public hearings; and 0 Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following: 0 Carlsbad General Plan; 0 Carlsbad Zoning Ordinance; 0 Local Facilities Management Plan; and 0 Local Coastal Program. 3.0 SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LEVEL OF INSIGNIFICANCE Having reviewed and considered the information contained in the Final EIR, the relate documents and the record of proceedings, the City finds that all of the direct and indirect significsu effects associated with the project have been mitigated to below a level of significance. Howeve the project, if constructed, would contribute to significant cumulative impacts with respect to a quality and traffic. These significant cumulative impacts are addressed in Section 5.0, below. 7 Final EIR for the Terrac at Sunny Creek Projl 0 * CEQA Findings ani Statement of Overriding Consideration 4.0 EFFECTS DETERMINED TO BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE 4.1 SOILS AND GEOLOGY 4.1.1 SIGNIFICANT EFFECT: The project would include grading of 59.4 acres (57.~ acres on-site and 2 acres off-site, which are necessary for sump remediation), involvin: approximately 621,870 cubic yards of cut and 553,882 cubic yards of fill. Cut material would b exported to the commercial parcel west of the extension of College Boulevard. Some features of th Point Loma formation (fiacturehedding patterns, claystone portions) may result in impacts if preser in or near the face of slopes. This formation lies above and in places intrudes into the Lusarc Formation on the single-family residential parcel. Impacts could occur with project implementatio in the form of accelerated erosion or damage to homes and streets. The Holocene-age alluvidcolluvial deposits on the property a~ unconsolidated, and are usually not suitable for the support of structures or to receive fill. This cod cause impacts in the form of damage to proposed homes and streets on the residential parcels, as we as structures on the commercial parcel. Expansive soils could result in impacts in the form of damage to propose homes, streets, and commercial buildings. 4.1.2 FINDINGS: The City adopts CEQA Finding 1. 4.1.3 Facts In Support Of Finding: The significant effects identified in the Fin' EIR are mitigated to below a level of significance with the adoption of the following feasib mitigation measures: 0 Continuous observation by the soil technician and periodic observations by the Engineering Geologist and Geotechnical Engineer during mass grading to confirm anticipated conditions, to allow adjustments in design criteria, and to ensure grading follows the incorporated measures. 0 All areas to be graded shall be cleared and grubbed. e Present structures shall be properly demolished, including any old utility services. 0 In areas to receive fill or improvements, the topsoil, subsoil, and younger alluvial deposits shall be removed. The amount and depth of removal shall be determined with the Project Geologist. 8 Final EIR for the Terra at Sunny Creek Prq 0 0 CEQA Findings ana Statement of Overriding Consideratiom 0 The existing road fill along the north side of El Camino Real shall be removed to the maximum extent practical and shall be replaced as compacted fill. The amount of fill removed shall be dependent on safety considerations andor utility and roadway improvements that cannot be disturbed. As a minimum, all fill north of an imaginary line extending fiom the top edge of the slope at an inclination of 1.5: 1 should be removed, and the remaining fill should be benched into at minimum vertical intervals of 2 feet as the new fill is placed. 6 Prior to replacing any excavated soils andor fill over competent ground, the exposed soils shall be sacrificed to a depth of 12 inches, moisture-conditioned, and compacted to at least 90 percent relative compaction. 0 Canyon subdrains shall be constructed in drainage courses to be filled. All subdrains shall discharge into the storm-drain system or into natural drainage swales. 0 Fill shall be benched into all temporary slopes and into competent natural soils when the natural slope is steeper than 5:l vertical to horizontal. Keys shall be constructed at the toe of all fill slopes. 0 If transitions between cut and fill arterial fall within a building pad, the cut portion of the pad shall be over-excavated. 0 Detrimentally expansive soils shall not be placed within 4 feet of finish pad grade or within 15 feet of the face of a fill slope. In cut areas, such soils shall be removed fiom within 4 feet of pad grade and replaced. All grading and fill placement shall be performed in accordance with the Cit of Carlsbad’s Grading Ordinance, the Uniform building Code, and the recommendations of th geotechnical report and its appendices. 4.2 HYDROLOGY 4.2.1 SIGNIFICANT EFFECT: The introduction of roadways, driveways and house would increase the amount of runoff during rainstorms. The introduction of vehicular traffic an parking would introduce petroleum products into the runoff, with the great majority in the runoff ( the first storm of the season. These pollutants can impact water quality. Discontinuation ( agriculture would eliminate the associated uses of any herbicides, pesticides, fertilizers and sirnil; substances. This would have a positive impact on water quality of the runoff. 9 Final EIR for the Terrae at Sunny Creek Projc a 0 CEQA Findings anl Statement of Overriding Consideration No flooding impacts would be expected with the proposed project. Thl northernmost edge of the proposed affordable housing area falls within the existing floodplain ares Prior to construction, this area would be raised which would elevate it out of the floodplain. Thl potential of impacts fiom erosion and ensuing sedimentation to the creek exists with any project the proposes grading. 4.2.2 FINDINGS: The City adopts CEQA Finding 1. 4.2.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th Final EIR are mitigated to below a level of significance with the adoption of the following feasibl mitigation measures: 0 Regular street sweeping, at a minimum during the latter stages of the dry season, shall be implemented to reduce materials potentially carried in the runoff. 0 Sedimentation basins shall be incorporated during construction. Standard temporary slope erosion measures shall be used as appropriate, including use of sandbags and silt fences. 0 Several measures to control erosion have been listed and detailed in Section 5.1 , Soils and Geology, and further detailed in Appendix B. These include: exposed soils shall be moisture-conditioned and compacted to at least 90 percent relative compaction; subdrains shall discharge into the storm drain system or natural drainage swales; when appropriate, fill shall be benched into temporary slopes and into competent natural soils; and keys shall be constructed at the toe of all fill slopes. 0 The design of all three storm drain outlets shall include discharge into a stretch of riprap to eliminate erosion in the outlet, and to prevent an increase of sediment into the creek. 0 All grading and fill placement shall be performed in accordance with the City of Carlsbad’s Grading Ordinance, the Uniform Building Code, and the recommendations of the geotechnical report and its appendices. 0 The Grading Plan calls for the entire site to be graded at one time. This allows erosion control measures to be done as an entity, rather than piecemeal. 10 Final EIR for the Terrac at Sunny Creek Projj 0 0 CEQA Findings anc Statement of Overriding Consideration e A Landscape Plan has been developed for the project area. The vegetation shall reduce erosion and sedimentation. e An NPDES (National Pollutant Discharge Elimination System) Plan would be required, and must be approved prior to grading. The NPDES Plan would include applicable measures here. The NPDES Plan would incorporate Best Management Practices, based on the state-of-the-art at the time of preparation. 4.3 AIR QUALITY 4.3.1 SIGNIFICANT EFFECT: MobiZ SourcesNehicuZar Trafic. The project, assumed to be developed ovc a three-year period, would generate approximately 246 pounds of CO, 13 pounds of ROC, 12 pound of NO,, and less than 1 pound of PM,, daily during the project's initial year of operation, 1998. 1 total of approximately 444 pounds of CO, 25 pounds of ROC, 23 pounds of NO,, and less than pound of PM,, would be generated daily during the project's second year of operation, 1999; and 59 pounds of CO, 33 pounds of ROC, 32 pounds of NO,, and less than 1 pound of PM,, would b generated daily at project completion. The related commercial project would generate 1,182 pounds of CO, 10 pounds of ROC, 93 pounds of NO,, and 3 pounds of PM,, daily. By 2000, the commercial operatic! would generate 874 pounds of CO, 53 pounds of ROC, 95 pounds of NO,, and 5 pounds of PM daily. The combined daily residential and commercial emissions in 2000 would tot 1,470 pounds of C0,'lll pounds of ROC, 127 pounds of NO,, and 6 pounds of PM,,. It is expect€ that emissions would decrease in subsequent years due to improvements in emissions-reductic technology, and the future use of low-emissions and zero-emissions vehicles. Compared to state and federal standards, emissions of ROC, NO, and PM would all be near or below 50 percent of the threshold levels, and no regional or local impacts wou result. At project completion, CO emissions would exceed the standard thresholds. The San Diel air basin is an attainment area for CO and the impact of the expected emission would not 1 significant on a regional basis. There would be no significant local CO impact, and overall, tl emission associated with the proposed project would be about 50 percent less than assumed regional planning documents. Although less than assumed, vehicle emissions would be consider( cumulatively significant because the project is located in an ozone non-attainment area (see Sectic 5.0, below). 11 Final EIR for the Terra at Sunny Creek Prq 0 0 CEQA Findings an Statement of Overriding Consideration Construction. Site clearing, grading, excavation and travel on unpaved road would temporarily increase pollutants and emissions levels to the local airshed. Fugitive dust i considered a nuisance and an adverse impact. APCD Rule 5 1 prohibits such pollutant nuisances an requires grading to be done in a way that minimizes dust and PM,, emissions. 4.3.2 FINDINGS: The City adopts CEQA Findings 1 and 3. 4.3.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in the Fin: EIR are mitigated to below a level of significance with the adoption of the following feasibl mitigation measures: Project-Related Mitigation Measures. As required by the General Plan, the followin measures shall be incorporated into the proposed project design to reduce significsu air quality impacts to the lowest level possible. rn The project shall provide a variety of residential accommodations and amenities, including access to planned commercial venues and mass transit. rn The multi-family units shall be located near planned commercial and existing employment centers, as well as near major transportation corridors, El Camino Real and College Boulevard. rn The project shall be located in a region of mixed land uses, which would reduce vehicle emissions by encouraging patronage of neighborhood services and amenities, as well as employment opportunities. Construction-Related Mitigation Measures. The following mitigation measures sh be included in grading and specifications and permits to minimize dust and PM impacts: rn All active grading areas, including soils associated with excavation and compaction activities on haul roads shall be kept moist at all times. rn All trucks hauling dirt, sand, soil or other loose materials shall be covered or would maintain a minimum of 2 feet of freeboard, per California Vehicle Code, Section 23 1 14. rn Truck speeds shall be limited to a maximum of 15 mph on unpaved roads. 12 Final EIR for the Terra at Sunny Creek Prq 0 0 CEQA Findings anc Statement of Overriding Consideration? rn Streets shall be swept at least once daily if soil materials are transported on them. When fill is completed, the commercial site shall be seeded and watered until ground cover is established. 4.4 BIOLOGICAL RESOURCES 4.4.1 SIGNIFICANT EFFECT: Vegetation Communities. Implementation of the proposed project woulc result in the development of approximately 60.1 acres, or approximately 98 percent of the site. Approximately 1 .O acre of the existing habitats on-site would remain after project construction; thc remnant upland fragment would be an isolated island of low-value habitat. Project constructiol would result in the direct removal of the majority of existing vegetation communities on site. Sensitive Species. Implementation of the project would result in the remova of two sensitive plant species (California adolphia and spiny rush) and would impact six sensitiv, wildlife species (California gnatcatcher, northern harrier, California horned lark, Cooper's hawk, red shouldered hawk and white-tailed kite). Impacts to sensitive plants would include the removal o approximately 70 California adolphia plants, and at least one individual spiny rush plant. The remnant habitat (brushed coastal sage scrub) used by at least one coase California gnatcatcher would be removed. Project construction would directly affect foraging perching an potential nesting habitat used by a variety of captor-species including red-shouldere' hawk, Cooper's hawk, the northern harrier, and white-tailed kite. Wildli$e Corridors. Wildlife movement through Agua Hedionda Creek woul be directly and indirectly impacted by the project. In addition to the direct loss of 0.3 acre of riparia woodlands, indirect impacts associated with development (permanent structures and roadways) an human activity (noise, lights, pets) would increase adjacent to the creek. 4.4.2 FINDINGS: The City adopts CEQA Finding 1. 4.4.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in tl Final EIR are mitigated to below a level of significance with the adoption of the following feasib: mitigation measures: Coastal Sage Scrub and Native Grasslands. Impacts to 1.7 acres of coastal sage scrub and 1.5 acres of native grassland habitats would be mitigated through off-site acquisition of 3.4 acres of coastal sage scrub and 3 .O acres of native grassland. The off-site purchase and protection of the area under a 13 Final EIR for the Terrac at Sunny Creek Projl a 0 CEQA Findings an Statement of Overriding Consideration conservation easement would satisfy the requirements of Interim Rule 4(d), and those of the HMP as it is currently proposed. This shall be completed prior to issuance of a grading permit for the project. Riparian Woodlands, Oak Woodlands, and Freshwater Marsh. A total of 0.62 acre of impacts would occur to oak woodland, riparian woodlands, and freshwater marsh habitats. Impacts to freshwater marsh are confined to an agricultural field drainage way; it is not part of any wildlife corridor. Approximately 1.74 acres of riparian woodland would be revegetated, including 0.46 acre adjacent to the south and 1.28 acres to the north of Agua Hedionda Creek (Figure 5.4-3). The complete revegetation plan shall be prepared prior to issuance of a grading permit for the project. The project shall mitigate the loss of oak woodlands by replanting oaks at a 10: 1 ratio for each oak tree lost. The oak replanting areas are shown in revised Figure 5.4- 3, and total approximately 0.5 acre adjoining existing oak woodlands. Mitigation Measures for Cumulative Impacts to Regional Wildli$e Movement and Riparian Resources. The direct loss of 0.3 acre of riparian woodland would be mitigated by off-site revegetation and by the following measures: Designating a natural open-space buffer with an average width of approximately 66 feet between the edge of development (or in some cases the top of slope) and the edge of riparian vegetation; Implementation of an expanded riparian corridor on the north and south sides of Agua Hedionda Creek; Construction of manufactured slopes to discourage pedestrian access into the riparian areas; and Establishment of a Corridor Management Area within Agua Hedionda Creek. Natural Open-Space Buffer. The extent and location of the natural open- space buffer between the edge of development (or top of slope) and the edge of the habitat is shown in Figure 5.4-3. The buffer would extend along about 1,200 feet of the project boundary and would average 66 feet in width (varying from a minimum of 30 feet to a maximum of 300 feet). Manufactured Slopes. Where project grading would directly impact riparian woodland, a manufactured slope shall be constructed to separate the development of the habitat. The top of slope shall be separated from the 14 Final EIR for the Terra at Sunny Creek Prq e 0 CEQA Findings an1 Statement of Overriding Consideration riparian area by revegetated slopes including low-fuel volume shrubs. The slopes shall be planted to establish a thicket and to discourage human encroachment. Approximately 62,000 square feet of manufactured slopes would be included within the open-space buffer. Mitigation Plantings, Northern Edge of Agua Hedionda Creek. An expanded riparidwildlife movement corridor shall be established on the north and south sides of the Creek. The proposed expansion areas, shown in Figure 5.4-3, would increase the corridor width by between 1 foot and 140 feet. Corridor Management Area Within Agua Hedionda Creek. A corridor Management Area shall be established within Agua Hedionda Creek. Implementation of the following management guidelines would improve the biological integrity of this regional habitat linkage over current conditions, and would off-set the project's impacts: 8 Roadways shall have highly visible signs notifying drivers of the potential for wildlife. Speeds at corridor crossings shall be strictly enforced. No fences shall impede movement within the corridor or in open space/conservation areas. If a fence is necessary, it should be a two- strange smooth-wire or split-rail type fence. 8 Corridors shall be screened fiom the direct view of adjacent homes, roads, etc. by trees and shrubs. If night-time lighting is necessary in the area of the wildlife corridors, only appropriate restrictive lighting pointed away from the corridor shall be allowed. In addition, streets shall not terminate at the edge of the corridor, which would flood the corridor with headlight illumination. 8 Access to the corridor shall be limited to specified nature trail entrances, preferably some distance fiom major developed areas. The corridor should be crossed at a minimum number of locations needed to ensure emergency and security vehicle access. An appropriate land management organization shall patrol for illegal activity within the wildlife corridor. 15 Final EIR for the Terra1 at Sunny Creek Proj a 0 CEQA Findings an1 Statement of Overriding Consideration rn Management of open-space areas adjacent to residential development shall follow the same general guidelines as suggested for corridors. In general, access to such areas shall be limited to specific points, and the perimeter of the open space shall be separated from developments by appropriate residential fencing. 4.5 LAND USE 4.5.1 SIGNIFICANT EFFECT: The project would be potentially incompatible wit the future commercial parcel to the west. A potential incompatibility would exist with the Plannel Industrial and Unplanned Area uses to the south. 4.5.2 FINDINGS: The City adopts CEQA Finding 1. 4.5.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th Final EIR are mitigated to below a level of significance with the adoption of the following feasibl mitigation measures: rn Adherence to the Landscape Concept Plan, which buffers the project from the future commercial parcel located across the College Boulevard Extension. The Landscape Concept Plan also provides a buffer between the single-family development and the Planned Industrial lands to the south. rn Adherence to the site Development Plan, which positions the multi- family residential structures behind parking areas serving to buffer the project. rn Adherence to the multi-family Landscape Concept Plan, which provides a buffer around the development. rn Adherence to the Grading Plan, which shows lots in the southern portion of the single-family development below grade relative to El Camino Real. 4.6 TRAFFIC/CIRCULATION 4.6.1 SIGNIFICANT EFFECT: Under buildout conditions, the College Boulevard/ Camino Real intersection would operate at LOS F during the pm peak hour at buildout, whit constitutes a significant traffic impact. 16 Final EIR for the Terra1 at Sunny Creek Proj a 0 CEQA Findings anl Statement of Overriding Consideration 4.6.2 FINDINGS: The City adopts CEQA Finding 1. 4.6.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th~ Final EIR are mitigated to below a level of significance with the adoption of the following feasibll mitigation measures: The project shall construct a westbound to northbound right-turn only lan on El Camino Real to bring the level 0 service during both am and pm peak hours within the City' circulation performance standard of LOS D under buildout conditions. In addition, to accommodate project-related traffic with regard to projec design, the applicant is required to: Complete College Boulevard Extension between El Camino Real and the Sunny Creek access roadway; and Complete frontage and median improvements on El Camino Real along the length of the project. 4.7 CULTURAL RESOURCES 4.7.1 SIGNIFICANT EFFECT: Three cultural resources located within the projec area (CA-SDI-9700, -14,337, -14,338) and a portion of a fourth, CA-SDI-14,339H, would b destroyed by development of the proposed project. Off-site grading is expected to eliminate a melted adobe pile (SDM-W-4033 An off-site area immediately north of Agua Hedionda is proposed as a riparian revegetation area fc mitigation of biological impacts associated with the project. This area is located within CA-SD 9701. Excavation and grading, or other ground-disturbing activities necessary to implement tk revegetation program would create impacts to this site. 4.7.2 FINDINGS: The City adopts Finding 1. 4.7.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in tl Final EIR are mitigated to below a level of significance with the adoption of the following feasib mitigation measures: Testing of portions of site CA-SDI-9701 confirmed its significance, further testing of the site is unnecessary because it is not likely that material would be produced which would be qualitatively different from that already recovered. However, obsidian source and hydration analysis of obsidian debitage shall be conducted to fully realize the research potential of tested portions of the site. In addition, untested 17 Final EIR for the Terrat at Sunny Creek Projt 0 0 CEQA Findings an Statement of Overriding Consideration portions of CA-SDI-9701 shall be fenced or flagged during construction and revegetation to avoid impacts to the site. CA-SDI-9700 and CA-SDI-14,339H both have a potential for important buried cultural resources, impacts to which would constitute significant environmental effects. The following mitigation measures shall be implemented in order to mitigate impacts to below a level of significance: An archaeological monitor shall be on-site during initial cutting or trenching in native soils in the areas of CA-SDI-9700 and CA-SDI- 14,339H to inspect for cultural resources. If cultural resources are encountered, the archaeological monitor shall have the authority to temporarily halt or redirect grading activities in the area of the cultural materials while the importance of the find is assessed. The archaeologist, in consultation with City staff, shall determine the importance of the cultural material encountered and develop appropriate and feasible mitigation measures, in the form of data recovery, preservation, or avoidance. A monitoring report shall be prepared and submitted to the City of Carlsbad following completion of the archaeological monitoring program. 4.8 PALEONTOLOGICAL RESOURCES 4.8.1 SIGNIFICANT EFFECT: The geological formation on-site are typically fossi bearing. Therefore, there is a potential for impacts to paleontological resources within the projet area. 4.8.2 FINDINGS: The City adopts CEQA Finding 1. 4.8.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in tl Final EIR are mitigated to below a level of significance with the adoption of the following feasib mitigation measures: A qualified paleontologist shall be retained to perform periodic inspections of grading/excavation operations in fossil-bearing strata, and, if necessary, salvage exposed fossils. 18 Final EIR for the Terrac at Sunny Creek Projt e CEQA Findings anc Statement of Overriding Consideratioa The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. The City of Carlsbad Engineering Inspection Department Division shall ensure the grading contractor is aware of this provision. = Matrix samples shall be collected for processing through the fine mesh screens. Provision for preparation and curation shall be made before the fossils are donated to their final repository. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. 4.9 NOISE 4.9.1 SIGNIFICANT EFFECT: At ground level, single-family units on Lots 36-4 would experience traffic-related noise levels exceeding the City's noise standard. The second-stone of all units backing up to El Camino Real and College Boulevard could be exposed to exterior nois1 levels exceeding 60 dBA, and, therefore, noise levels exceeding 45 dBA could potentia11 experienced. The multi-family affordable housing units are expected to experience exteric noise levels of 60 dBA; interior noise levels of 40 decibels are anticipated. 4.9.2 FINDINGS: The City adopts CEQA Finding 1. 4.9.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th Final EIR are mitigated to below a level of significance with the adoption of the following feasibl mitigation measures: Exterior Noise. The project would construct a 6-foot high berm along College Boulevard and a combination berm and wall at the corner of El Camino Real and College Boulevard. A slump block masonry step wall, ranging in maximum height fiom 5 to 6 feet, would also be constructed along El Camino Real behind Lots 36-41. Construction of these barriers would reduce ground level exterior noise impacts to below a level of significance. Interior Noise. At the time single-family and multi-family building plans are available, a detailed acoustical analysis shall be performed to ensure interior 19 Final EIR for the Terrac at Sunny Creek Proje 0 0 CEQA Findings ani Statement of Overriding Consideration noise levels would be below the City's 45 dBA CNEL standard. If the standard is exceeded, mitigation measures, such as mechanical ventilation, dual-paned sliding windows, and enhanced wall and door insulation, shall be employed to reduce interior noise impacts to below a level of significance. 4.10 LANDFORM ALTERATION/AESTHETICS 4.10.1 SIGNIFICANT EFFECT: Aesthetics. Development of residential uses, including associated cut and fi slopes, adjacent to the scenic corridor of El Camino Real would create an impact to the existin aesthetic character of the project area, thus affecting the community theme corridor. Landform Alteration. The proposed project would require 62 1,870 cubi yards of cut and 553,882 cubic yards of fill over a total of 59.4 graded acres (57.4 acres on-site, acres off-site), including the 40-acre single-family and multi-family affordable housing parcel, th 19-acre commercial parcel, and about two acres of off-site grading necessary to avoid creating sum conditions. Virtually the entire project area would be graded, either cut or filled. Some of the grading proposed by the project is necessary for the constructio of College Boulevard and improvements to El Camino Real. In addition, some remedial grading i necessary to compensate for compaction of alluvial soils. Taking this into consideration, th adjusted grading volume is 7,500 cubic yards per graded acre, which is within the City's gradin allowance. Therefore, no landform alteration mitigation measures are required. 4.10.2 FINDINGS: The City adopts CEQA Finding 1. 4.10.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th Final EIR are mitigated to below a level of significance with the adoption of the following feasibl mitigation measures: Implementation of the project's landscape concept plan which includes plantings along El Camino Real consistent with major arterial streetscapes and consist of trees, such as alder, camphor tree, California sycamore, evergreen pear, and Brisbane box. Landscaping on graded slopes in the northern portion of the project area (in common areas) would aim to frame views from the top of the slope, while maintaining privacy at the toe of the slope. 20 Final EIR for the Terrar at Sunny Creek Projl 0 0 CEQA Findings an Statement of Overriding Consideration Graded slopes shall be contoured to more closely approximate natural slopes and eliminate sharp lines and edges where they interface with natural areas. 4.11 PUBLIC SERVICES 4.11.1 FIRE PROTECTION 4.11.1.1 SIGNIFICANT EFFECT: The proposed project would increas demand for fire protection services. The response time standard is satisfied. 4.11.1.2 FINDINGS: The City adopts CEQA Finding 1. 4.11.1.3 FACTS IN SUPPORT OF FINDING: The significant effecl identified in the Final EIR are mitigated to below a level of significance with the adoption of th following feasible mitigation measures: Impacts to fire protection shall be mitigated by payment of developer fees via the Growth Management Plan, which will fund additional staff and equipment, and by implementing project design, which would reduce the potential for catastrophic fire events. 4.11.2 LAW ENFORCEMENT 4.11.2.1 SIGNIFICANT EFFECT: Development of the project i anticipated to bring more people in Carlsbad, incrementally increasing the need for law enforcemen Response times to the project would be within the City's standard. 4.11.2.2 FINDINGS: The City adopts CEQA Finding 1. 4.11.2.3 FACTS IN SUPPORT OF FINDING: The significant effec identified in the Final EIR are mitigated to below a level of significance with the adoption of tk following feasible mitigation measures: Impacts to law enforcement services would be mitigated by payment of developer fees via the Growth Management Plan, increased revenues to the City from property and long-term sales tax paid by new consumers, and phasing of the project. 21 Final EIR for the Terrac at Sunny Creek Proj, e 0 CEQA Findings an Statement of Overriding ConsideratioE 4.11.3 EDUCATION 4.11.3.1 SIGNIFICANT EFFECT: The project would add approximate1 129 new pupils, kindergarten through grade 12, to the district. The Carlsbad Unified School Distric is operating at capacity and the potential exists that increased service demands on school facilitie would occur as a result of population increases anticipated from buildout of new development. 4.11.3.2 FINDINGS: The City adopts CEQA Finding 1. 4.1 13.3 FACTS IN SUPPORT OF FINDING: THE significant effecl identified in the Final EIR are mitigated to below a level of significance with the adoption of th following feasible mitigation measures: Prior to the issuance of building permits, the applicant shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law (government Code Section 53080 et seq. and 65995 et seq.). 5.0 SIGNIFICANT CUMULATIW IMPACTS 5.1 CUMULATIVE AIR QUALITY 5.1.1 SIGNIFICANT EFFECT: Development of the property would have significan unmitigable cumulative impacts to air quality, with or without the project. Because air quality is regional, community-wide problem, there are no feasible methods for the project to fully mitigal cumulative air quality impacts. 5.1.2 FINDINGS: The City adopts CEQA Findings 1 and 3. Specifically, pur sua^ to CEQA Guidelines 0 15091 (a)( l), changes or alterations are required in, or incorporated into, t): project, which will substantially lessen the significant environmental effects as identified in the Fin EIR. The cumulative impact is anticipated to remain significant. Pursuant to CEQA Guidelint $15091(a)(3), there are no feasible measures that would mitigate the impact below a level ( significance. As described in the Statement of Overriding Considerations (Section 7.0, below), t€ City has determined that this impact is acceptable because of specific overriding consideration. 5.1.3 FACTS IN SUPPORT OF FINDING: The objectives of the project are to: (; provide market-rate residential housing that is appropriate to the area and that is both consistent wi a complementary to surrounding planned or existing development; and (b) provide an affordab housing component consistent with the City of Carlsbad's housing policies. These objectives wou be met by developing the project, which accommodates single-family homes offered for sale market rate, and which also provides for affordable housing options - granny flats and apartmeni 22 Final EIR for the Terrac at Sunny Creek Projt e 0 CEQA Findinns aa Statement of Overriding Consideratio) The project site is well-suited for such uses because of its location in proximity to a major arteri; roadway, El Camino Real. The project site affords mass-transit opportunities, as well as access t nearby commercial and light industrial centers, which provide an opportunity for employment an the provision of necessary goods and services. Implementation of the project would also have a positive fiscal benefit to tl City of Carlsbad. The total current unimproved 40-acre proposed project area has a taxable valc of $3,850,700, When constructed, the residential units would have a total assessed value ( $45,469,23 1 ($43,874,43 1 - single-family/average value of $255,000 per unit; $2,594,800 - mult family/average value of $5 1,900 per unit), and would be anticipated to provide annual property ix revenues of $65,021 to the City of Carlsbad. Annual revenues from sales tax would be expected 1 be approximately $33,708. Upon completion, the related commercial center project adjacent to TI Terraces development is expected to require 248 full-time retailhervice employees. It is anticipatt that at least some of those positions would be filled by occupants of the single-family and affordab housing units, providing an employment benefit to the City as well. 5.2 CUMULATIVE TRAFFIC/CIRCULATION 5.2.1 SIGNIFICANT EFFECT: Traffk from the proposed project would contribu to cumulative traffic impacts. Impacts to area and regional circulation are presently significant, wi or without development on the property site. Cumulative regional traffic impacts are consider€ significant and unavoidable. 5.2.2 FINDINGS: The City adopts CEQA Findings 1 and 3. Specifically, pursua to CEQA Guidelines 8 1509 1 (a)( l), changes or alterations are required in, or incorporated into, tl project that will substantially lessen the significant environmental effects as identified in the Fin EIR. The cumulative impact is anticipated to remain significant. Pursuant to CEQA Guidelint $15091(a)(3), there are no feasible measures that would mitigate the impact below a level 1 significance. As described in the Statement of Overriding Considerations (Section 7.0, below), tl City has determined that this impact is acceptable because of specific overriding considerations. 5.2.3 FACTS IN SUPPORT OF FINDING: The proposed project is designed to provic support services in close proximity o existing transit, in addition to locating a higher density residential uses within walking distance to existing transit opportunities. As previously note implementation of the project would also have a fiscal benefit to the City of Carlsbad. See Stateme of Overriding Considerations (Section 7.0, below). 23 Final EIR for the Terra, at Sunny Creek Prq e 0 CEQA Findings an1 Statement of Overriding Consideration 6.0 FEASIBILITY OF PROJECT ALTERNATIVES Alternatives to the project described in the EIR were analyzed and considered. Thc alternatives discussed in the Final EIR constitute a reasonable range of alternatives necessary tc permit a reasoned choice by the City of Carlsbad. Because the project will cause some unavoidabll significant cumulative environmental effects, as outlined above, the City must consider thl feasibility of any environmentally superior alternative to the project. These findings compare and contrast the alternatives where appropriate in order to show & the selection of the project, while still resulting in some significant unavoidable cumulative impact has substantial environmental, planning, fiscal and other benefits. In rejecting all of the alternative! the decisionmakers have examined the project objectives and weighed the ability of the variou alternatives to meet those objectives. The objectives considered by the decisionmakers are a follows: The project provides market-rate residential housing that is appropriate to the area, and tha is both consistent with and complimentary to surrounding planned and existing development. Thc project also would provide an affordable housing component consistent with the City's housini policies. A. No PROJECT ALTERNATIVE The "No Project" Alternative would entail retaining the project in its existing vacan condition. Under this alternative, the proposed single-family and multi-family residentia components, including 78 affordable housing units and associated infrastructure, would not bc constructed. The College Boulevard Extension would not be built across El Camino Real and thc maintained one-acre passive-use open space area and trail along Agua Hedionda Creek would no occur. The property might be used for agricultural purposes. The "NO Project" Alternative would eliminate impacts to soils and geologq hydrology, biological resources, land use, traffic, cultural and paleontological resources, noise aesthetics, and police and fire protection and schools. It is the only alternative that would fully avoil the project's contribution to cumulative impacts associated with air quality. However, even unde this alternative, the City would still experience significant cumulative air quality impacts. Because implementation of the "No Project" Alternative would not meet tht objectives of the project, and because the alternative would likely just divert urban developmen from this site to another, and because the alternative would not provide any of the benefits associate( with the project (see Section 7.0, below), the "NO Project" Alternative is not considered a feasiblc or an acceptable alternative to the project. In addition to the facts set forth above, the above findings are supported by the fac that the "No Project" Alternative would not: (i) create needed residential housing opportunities; (ii provide a range of housing types to meet the demand for additional housing, including affordabli 24 Final EIR for the Terrace at Sunny Creek Projec e 0 CEQA Findings an, Statement of Overriding Consideration housing needs within the City; or (iii) develop the project site as a cohesive residential communiQ In addition, the undeveloped property site is not providing any tangible benefits to the cornmunit: at large (see Section 7.0, below). The project site is well-suited to the proposed development. B. EXISTING DEVELOPMENT ALTERNATIVE The project property is part of a previously approved final subdivision map, know: as the "Sycamore Creek Specific Plan." Under this alternative, the project would involve eventuz development of the subject property in substantial conformance with the approved final subdivisiol map. This alternative would develop various portions of the property as professionaVofiice space a hotel, a tennis club, a 175,000 square feet commercial project, an ofice professional complex, wid seven separate buildings totaling 423,000 square feet, and an approximately 120-room hote complex, with a 10,000 square feet clubhouse/restaurant and nine tennis courts. Because this alternative would entail more intense land uses (office professionalhotel versus residential) overall, the environmental impacts would generally be greate than under the project. In addition, the alternative would not reduce visual quality impacts, o cumulative significant impacts to air quality and traffic/circulation. This alternative does not meet the project's major objective, which is to treat( economically viable residential land uses on the project site. On balance, this alternative also woulc result in greater environmental impacts when compared to the project. In addition, the benefit associated with the project would not be fully realized (see Section 7.0, below). For these reasons this alternative is not considered a feasible or an acceptable alternative. C. OFF-SITE AFFORDABLE HOUSING PARCEL ALTERNATIVE Under this alternative, the affordable housing units would occupy a 2.03-acre parce adjacent to the proposed project's northwest corner. The area allotted under the present site plan fo affordable housing would be used instead for seven additional single-family residences, one with a efficiency unit. All other aspects of the alternative would be identical the proposed project. Environmentally, this alternative is comparable to the proposed project in terms o soils, hydrology, cultural resources, biological resources, land use, traffic, and utilities and public services overall impacts. Slightly greater impacts to noise would occur. This alternative would no reduce visual quality impacts, nor would it reduce cumulatively significant and unmitigable impact. to traffic and air quality, which would occur under any development proposal. Weighed overall, this alternative is comparable to the proposed project from SII environmental standpoint. However, this alternative is considered infeasible and unacceptablc because the applicant does not own the land on which the affordable housing would be built unde this alternative. In addition, this alternative would result in slightly greater noise impacts. 25 Final EIR for the Terrace at Sunny Creek Projec 0 a - CEQA Findings a): Statement of Overriding Consideratiol D. ALTERNATIVE SITE The proposed alternative site is located on the southeast corner of the intersection ( Palomar Airport Road and El Camino Real, approximately one mile south of the proposed projec It consists of 59 acres with an Unplanned Area land use designation and Limited Control zoninl The property is bounded by roadways on the north and east, and is surrounded by undevelope agricultural lands on the south and west. McClelland Palomar Airport lies immediately northea of the property, and is surrounded by industrial land use designations. Under alternative site analysis, fewer biological and landform impacts would b anticipated. In terms of impacts to hydrology, circulation, cultural and paleontological resource: visual quality, and utilities and public services, the alternative site would be comparable to th project location. Greater impacts to land use and noise would occur if the project were implemente on the alternative site. Air quality and traffk impacts would remain as significant cumulatik effects. Weighed overall, the alternative site is comparable to the project location. Th alternative location would also provide comparable access to mass-transit and employmen opportunities. However, the proximity of the airport and land use constraints would make th proposed project's residential development much more difficult to design and implement on th alternative site location. Because the applicant's development cost in relation to the anticipate1 return would be higher, units would not be sold at market value, which is an objective of the projec This alternative is also infeasible because the applicant does not own the alternative site on whic the project would be built. In addition, the alternative would result in greater land use and nois impacts. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The Final EIR identified and discussed the significant environmental effects that will occu as a result of the proposed project. With implementation of the mitigation measures discussed in th Final EIR and these findings, all of these environmental effects can be mitigated to levels o insignificance except for unavoidable significant cumulative impacts on air quality and traffic. The City has adopted all feasible mitigation measures with respect to significant cumulativ air quality and traffic impacts. Although in some instances these measures may substantially lesse: the identified significant impacts, adoption of the mitigation measures will not fully avoid th impacts. The City has examined a reasonable range of alternatives to the project. Based on thi examination, the City has determined that none of these alternatives: (i) meet project objectives; an( (ii) is environmentally preferred to the project. As a result, to approve the project, the City mus adopt a "statement of overriding considerations" pursuant to CEQA Guidelines SS15043 and 15093 26 Final EIR for the Terrace at Sunny Creek Projec 0 0 CEQA Findings an Statement of Overriding Consideratior; This statement allows a lead agency to cite the project's general economic, social or other benefit as a justification for choosing to allow occurrence of specified significant environmental effects k have not been avoided. The statement explains why, in the lead agency's judgment, the project' benefits outweigh the unavoidable significant effects. The City finds that the project would have one or more of the following substantial socia environmental, economic, planning and other significant benefits: 1. The project would provide residential land uses that are consistent with the surrounding area. By providing both market rate and affordable residential alternatives, the project would create housing that is adjacent to a mass-transit corridor and within easy walking or commuting distance to areas of employment. 2. The project protects the Agua Hedionda Creek wildlife corridor by implementing a Corridor Management Plan. 3. The project extends College Boulevard between El Camino Real and the Sunny Creek access roadway, provides frontage and median improvements on El Camino Real along the length of the project and adds a right-turn lane on El Camino Real to substantially lessen regional traffic impacts. These regional improvements are advantageous to the community as a whole. 4. The project will have a positive fiscal benefit to the City of Carlsbad based upon the market research incorporated into the record of the proceeding. For example, the total current unimproved 40-acre proposed project area has a taxable value of $3,850,700. When constructed, the residential units would have a total assessed value of $45,469,231 ($43,874,43 1 - single- family/average value of $255,000 per unit; $2,594,80-multi-family/average value of $51,900 per unit), and would be anticipated to provide annual property tax revenues of $65,021 to the City of Carlsbad. Annual revenues fiom sales tax would be expected to be approximately $33,708. On balance, then, the City finds that there are specific social, environmental, economic planning and other considerations associated with the project that serve to override and outweigh th~ project's unavoidable significant environmental effects and, thus, the adverse effects are considerec acceptable. 27 Final EIR for the Terrace at Sunny Creek Projec: 0 e EXHIBIT CHAPTER D MITIGATION MONITORING AND REPORTING PROGRAM This document identifies mitigation measures which would reduce or eliminate potentia environmental impacts of the proposed project. The City of Carlsbad is required to implemen all adopted mitigation measures. To ensure compliance, the following Mitigation Monitorin4 Program and checklist is provided. This program is to be adopted by the Lead and Responsiblc agencies upon formulation of Findings, to comply with Assembly Bill 3 180 (Public Resource: Code Section 21 080.6). The Planning, Engineering, and Engineering Inspection Departments of the City of Carlsbad wil administer the Mitigation Monitoring Plan. Augmented by possible contract personnel, thesc Departments are responsible for enforcement of City zoning regulations, which is provided 01 a full-cost recovery basis by the City. Authorization to commence any on-site activity occur: only after concurrence of the respective City Departments. Information contained within the following checklist identifies the mitigation measure, thc conditions required to verify compliance, the department responsible for determining compliance and the monitoring schedule. The City of Carlsbad determines which measures are applicablc to the specific discretionary actions identified in the monitoring schedule. D- 1 0 a .cI m 3 2 0 u M U h 0 c, .I ... 8 g E ... c, eo M .H c, n v1 * 5 G a E s e 8 8 -6) m I a E! *? 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