HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4573rn II ll e a
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PLANNING COMMISSION RESOLUTION NO. 4573
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND. REPORTING
PROGRAM TO GRADE AND SUBDIVIDE 14.7 ACRES INTO
38 LOTS ON PROPERTY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20
CASE NAME: HADLEY PROPERTY
CASE NO.: ZC 98-10/LCPA 98-07/CT 98-17/HDP 98-
17/CDP 98-74
10 WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed 2
11 application with the City of Carlsbad regarding property owned by Paul and Peggy
l2 I/ Family Trust, “Owner”, described as
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A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey.
17 11 (“the Property”); and
l8 II WHEREAS, a Mitigated Negative Declaration was prepared in conjunc
l9 11 said project; and
2o /I WHEREAS, the Planning Commission did on the 7th day of July, 199’
21 duly noticed public hearing as prescribed by law to consider said request; and
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23 WHEREAS, at said public hearing, upon hearing and considering all t
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relating to the Mitigated Negative Declaration. 26
considering any written comments received, the Planning Commission considered a 25
and arguments, examining the initial study, analyzing the information submitted by I
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the
Commission hereby RECOMMENDS APPROVAL of the Mitigated
Declaration according to Exhibit “ND” dated April 1, 1999, and “PI
March 24, 1999, and the Mitigation Monitoring and Reporting 1
attached hereto and made a part hereof, based on the following findings:
Findinm:
1. The Planning Commission of the City of Carlsbad has reviewed, analy
considered the Mitigated Negative Declaration, the environmental impacts
identified for this project and said comments thereon, and the Mitigation Monitc
Reporting Program, on file in the Planning Department, prior to RECOMME
APPROVAL of the project. Based on the EIA Part I1 and comments the]
Planning Commission finds that there is no substantial evidence the project wi
significant effect on the environment and hereby RECOMMENDS APPROVA
Mitigated Negative Declaration.
2. The Planning Commission does hereby find that the Mitigated Negative Declar;
Mitigation Monitoring and Reporting Program have been prepared in accordal
requirements of the California Environmental Quality Act, the State Guidelines
Environmental Protection Procedures of the City of Carlsbad.
3. The Planning Commission finds that the Mitigated Negative Declaration and M
Monitoring and Reporting Program reflects the independent judgment of the I
Commission of the City of Carlsbad.
4. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the MEIR 93-01 which are appropriate to this Sul
Project have been incorporated into this Subsequent Project.
Conditions:
1. The Developer shall implement, or cause the implementation of the Hadley p
Mitigation Monitoring and Reporting Program.
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PC RES0 NO. 4573 -2-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 7th day of July, 199
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following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurt
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
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ABSTAIN:
CARLSBAD PLANNING COMMISSION
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ATTEST:
Planning Director
11 PC RES0 NO. 4573 -3 -
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- City o~f Carlsbac
MITIGATED NEGATIVE DECLARATION
Project AddressLocation: The project site is located adjacent and east of Black Rail Road and 121
feet south of future Poinsettia Lane, Carlsbad, California, and
identified by Assessors Parcel Number 2 15-080- 19-00.
Project Description: Proposed Local Coastal Program Amendment and Zone Change
change the land use designation from Limited Control (L-C) to Or
Family Residential, 7,500 square foot lot size minimum (R-1-7,501
with a Qualified Overlay Zone(-Q), on a 14.7 acre parcel of land. AI
proposed is a Tentative tract map to create 38 residential lots and o
5.45 acre open space lot, a Hillside Development Permit, and a Coas
Development Permit.
The City of Carlsbad has conducted an environmental review of the above described proje
pursuant to the Guidelines for Implementation of the California Environmental Quality Act a~
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, tl
initial study (EIA Part 2) identified potentially significant effects on the environment, but (
revisions in the project plans or proposals made by, or agreed to by, the applicant before tl
proposed negative declaration and initial study are released for public review would avoid tl
effects or mitigate the effects to a point where clearly no significant effect on the environme
would occur, and (2) there is no substantial evidence in light of the whole record before the Ci
that the project “as revised” may have a significant effect on the environment. Therefore,
Mitigated Negative Declaration is hereby issued for the subject project. Justification for th
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in tf
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from tk
public are invited. Please submit comments in writing to the Planning Department within 3
days of date of issuance. If you have any questions, please call Van Lynch in the Plannin
Department at (760) 438-1 161, extension 4447.
DATED: APRIL 1,1999
CASE NO: ZC 98-10/ LCPA 98-07/ CT 98-17/ HDP 98-19/ CDP 98-74
CASE NAME: HADLEY PROPERTY
PUBLISH DATE: APNL 1 , 1999
2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 FAX (760) 438-08s
a e
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZC 98-10/LCPA 98-07/CT 98-17MDP 98-19/CDP 98-7’
DATE: March 24, 199
BACKGROUND
1. CASE NAME: Hadley Propertv
2. APPLICANT: Spectrum Communities, L.L.C.
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 15375 Barranca Parkway. Suite B-211
Irvine CA 92618 (949) 753-8400
4. DATE EM FORM PART I SUBMITTED: October 16,1998
5. PROJECT DESCRIPTION: Proposed Local Coastal Promam Amendment and Zone Change tl
change the land use designation from Limited Control (L-C) to One-Familv Residential, 7,501
square foot lot size minimum (R-1-7,500), with a Oualified Overlay Zone(-Q), on a 14.7 acn
parcel of land. Also proposed is a Tentative tract map.to create 37 residential lots and one ope1
space lot. a Hillside Development Permit, and a Coastal Development Permit. The uroiect site i:
located adiacent and east of Black Rail Road and 1200 feet south of future Poinsettia Lane and i:
identified by Assessors Parcel Number 2 15-080- 19-00.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impac
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
0 Land Use and Planning [XI TransportatiodCirculation 0 Public Services
0 Population and Housing Biological Resources 0 Utilities & Service Systems
0 Geological Problems Energy & Mineral Resources 0 Aesthetics
0 Water
H Air Quality
H Hazards
0 Noise
H Cultural Resources
0 Recreation
IXI Mandatory Findings of Significance
1 Rev. 03/28/96
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DETERMINATION.
(To be completed by the Lead Agency)
[7 I find that the proposed project COULD NOT have a significant effect on th
environment, and a NEGATIVE DECLARATION will be prepared.
0 I find that although the proposed project could have a significant effect on tht
environment, there will not be a significant effect in this case because the mitigatior
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
0 I find that the proposed project MAY have a significant effect on the environment, and a1
ENVIRONMENTAL IMPACT REPORT is required.
Ix] I find that the proposed project MAY have significant effect(s) on the environment, but a1
least one potentially significant effect 1) has been adequately analyzed in an earlie1
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An Mitigated
Negative Declaration is required, but it must analyze only the effects that remain to be
addressed.
0 I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
Planner .J&" S' nature 3-2c( -77
Date
2471%
Planning Direar's SlMature Date 1
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ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the Cit
conduct an Environmental Impact Assessment to determine if a project may have a significan
effect on the environment. The Environmental Impact Assessment appears in the followin<
pages in the form of a checklist. This checklist identifies any physical, biological and huma
factors that might be impacted by the proposed project and provides the City with information t
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negativ
Declaration, or to rely on a previously approved EIR or Negative Declaration.
e A brief explanation is required for all answers except “No Impact” answers that arc
adequately supported by an information source cited in the parentheses following eacl
question. A “No Impact” answer is adequately supported if the referenced informatiol
sources show that the impact simply does not apply to projects like the one involved. 1
“No Impact” answer should be explained when there is no source document to refer to, o
it is based on project-specific factors as well as general standards.
e “Less Than Significant Impact” applies where there is supporting evidence that thi
potential impact is not adversely significant, and the impact does not exceed adoptec
general standards and policies.
e “Potentially Significant Unless Mitigation Incorporated” applies where the incorporatiol
of mitigation measures has reduced an effect from “Potentially Significant Impact” to ,
“Less Than Significant Impact.” The developer must agree to the mitigation, and thc
City must describe the mitigation measures, and briefly explain how they reduce thc
effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that ar
effect is significant.
e Based on an “EIA-Part 11”, if a proposed project could have a potentially significan
effect on the environment, but &l potentially significant effects (a) have been analyzec
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicablt
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigatec
Negative Declaration, including revisions or mitigation measures that are imposed upor
the proposed project, and none of the circumstances requiring a supplement to 0:
supplemental EIR are present and all the mitigation measures required by the prio:
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
e When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
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a A Negative Declaration may be prepared if the City perceives no substantial evidence tha
the project or any of its aspects may cause a significant effect on the environment.
a If there are one or more potentially significant effects, the City may avoid preparing a
EIR if there are mitigation measures to clearly reduce impacts to less than significant, an1
those mitigation measures are agreed to by the developer prior to public review. In thi
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated
may be checked and a Mitigated Negative Declaration may be prepared.
a An EIR must be prepared if “Potentially Significant Impact” is checked, and includin
but not limited to the following circumstances: (1) the potentially significant effect ha
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, an
the developer does not agree to mitigation measures that reduce the impact to less tha
significant; (2) a “Statement of Overriding Considerations’’ for the significant impact ha
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduc
the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is nc
possible to determine the level of significance for a potentially adverse effect, c
determine the effectiveness of a mitigation measure in reducing a potentially significa
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of th
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attentio
should be given to discussing mitigation for impacts which would otherwise be determine
significant.
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Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless
Mitigation Incorporated I. LAND USE AND PLANNTNG. Would the proposal:.
a) Conflict with general plan designation or zoning? [I]
(Source #(s): (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs 111-74 - I11
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the 17 0
project? (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs 111-74 - I11 -87)
c) Be incompatible with existing land use in the vicinity?
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible 0 0
land uses)? (#l: Pgs 5.6-1 - 5.6-18; #2: Pgs 111-74 - I11 -
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l:Pgs 5.6-1 - 5.6-18; #2: I11 -
- 87)
(#l:PgS 5.6-1 - 5.6-18; #2: PgS I11 -74 - I11 -87) 17 0
87) 0 0
74 - I11 -87)
11. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-1 - 5.5-6; #2: IV-1) 0 0
b) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area 0 0
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
c) Displace existing housing, especially affordable
5.5-6; #2: IV-1)
housing? (#l:PgS 5.5-1 - 5.5-6) 17 0
111.
a)
b)
c)
d)
e)
f)
g)
h)
1)
GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112 -
Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15; #2:
Seismic ground failure, including liquefaction?
((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs 111-112 - 111-118; #4)
Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2:
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#l:Pgs
Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs
Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112
Unique geologic or physical features? (#l:Pgs 5.1-1 -
111-1 18; #4)
Pgs 111-112 - 111-118; #4)
5.1-15;#2: Pgs 111-1 12 - 111-1 18; #4)
Pgs 111-112 - 111-118; #4)
5.1-1 - 5.1-15; #2: Pgs 111-112 - I11 -118; #4)
111-112 - 111-118; #4)
- I11 -118; #4)
5.1-15; #2:Pg~ I11 -112 - I11 -118; #4)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Less Than No
Significant Impact Impact
DEI
ow
ow ow
nw
ow ow
ow
ow ow ow ow ow
OH
OBI ow ow
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Issues (and Supporting Information Sources). Potentially Significant
Impact
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2-
11; #6)
b) Exposure of people or property to water related hazards
such as flooding? ((#l:Pgs 5.2-1 - 5.2-11; #6)
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5.2-1 1; #6)
d) Changes in the amount of surface water in any water
e) Changes in currents, or the course or direction of water
movements? ((#l:Pgs 5.2-1 - 5.2-11; #6)
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ((#l:Pgs 5.2-1 - 5.2-1 1; #6)
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5. 2-
11; #6)
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies? (#l:Pgs
body? ((#l:PgS 5.2-1 - 5. 2-11; #6)
((#l:PgS 5.2-1 - 5.2-11; #6)
5.2-1 - 5.2-11)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (#l:Pgs 5.3-1 - 5.3-12; #2: Pgs
d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12; #2:
1 - 5.3-12; #2: Pgs 28-36)
- 5.3-12; #2: Pgs 28-36)
28-36)
Pgs 28-36)
0
I7
0
0
0
0
0
0
la
0
0
0
Potentially Less Than
Significant Significant Unless Impact Mitigation Incorporated
0 0
0 0
0 0
0
0
0
0
0
0
0
0
0 0
0 0
0 0
0 0
0
0 0
No Impact
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IXI
VI. TRANSPORTATION/CIRCULATION. Would the
a) Increased vehicle trips or traffic congestion? (#l:Pgs
proposal result in:
5.7-1 - 5.7.22; #2: Pas 111-58 - 111-69) IXI no
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses 0 0 ow
(e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs
c) Inadequate emergency access or access to nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
111-58 - 111-69)
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 - 111-69)
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 - 111-69)
0 0 OH
0 OIXI
0 0 OH (#l:PgS 5.7-1 - 5.7.22; #2: Pgs 111-58 - 111-69)
6 Rev. 03128196
0 0
Issues (and Supporting Information Sources). Potentially Significant
Impact
f) Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)? 0
(#l:PgS 5.7-1 - 5.7.22; #2: PgS 111-58 - 111-69)
g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 -
5.7.22; #2: pgs 111-58 - 111-69)
Potentially Less Than No Significant Significant Impact
Mitigation Incorporated
Unless Impact
0 om
UIx1
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, 0 H on
animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs
b) Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
111-37 - 111-57; #3)
(#l:PgS 5.4-1 - 5.4-24; #2: PgS 111-37 - 111-57; #3) 0 UKl
forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24; #2: I7 on
PgS 111-37 - 111-57; #3)
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1
(#l:PgS 5.4-1 - 5.4-24; #2: PgS 111-37 - 111-58; #3) 0 0 LIB
17 Ix1 on - 5.4-24; #2: PgS 111-37 - 111-57; #3)
VIII. ENERGY AND MINERAL RESOURCES. Would the
a) Conflict with adopted energy conservation plans?
b) Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 2% 5.13-
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5
proposal?
(#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) 0 0 OKl
0 0 OB
0 0 OH 1 - 5.13-9)
& 5.13-1 - 5.13-9)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5)
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-1 -
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs 111-97 -
d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs
e) Increase fiie hazard in areas with flammable brush,
5.10.1-5)
III- 105 ; #5)
111-97 - 111-105; #5)
grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5)
0
0
0
0
0 nm
0 nIxI
El 017
lxl on
om
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9-
15; #2: Pgs 111-88 - 111-96) 0 0 ON
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Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation
Incorporated
b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15; #2: PgS 111-88 - 111-96) I7 0 UBI
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered government services in any of the following areas:
a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) 0 0 0 0 0 0 C) Schools? (#l:PgS 5.12.7.1 - 5.12.7-5)
d) Maintenance of public facilities, including roads? (#l,
PgS 5.12.1-1 - 5.12.8-7) 0 0
0 0 0 o
w w la w
e) Other governmental services? (#l:Pgs 5.12.1-1 - ~~
5.12.8-7) 0 0 Jl w
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
b) Communications systems? (#I; pgs 5.12.1-1 - 5.12.8-7)
c) Local or regional water treatment or distribution
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
e) Storm water drainage? (#l:Pg 5.2-8)
f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
g) Local or regional water supplies? (#l:Pgs 5.12.2-1 -
5.13-1 - 5.13-9) 0 0 up3 0 0 UBI
0 0 ow 0 up3 0 17 OH
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) 0 0 up3
5.12.3-7) 0 0 0151
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs
b) Have a demonstrate negative aesthetic effect? (#l:Pgs
c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs
5.11-1 - 5.11-5; #2: PgS 111-119 - 111-151)
5.11-1 - 5.11-5; #2: PgS 111-119 - 111-151)
111-119 - 111-151)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8-
b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8-
c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10; #2:
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
e) Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs
10; #2: Pgs 111-106 - 111-107)
10; #2: Pgs 111-70 - 111-73, #7, #S)
PgS 111-70 - 111-73)
5.8-1 - 5.8-10; #2: Pgs 111-70 - 111-73)
111-70 - 111-73)
0
0
0
0
0
0
0 UBI
0 UKI
0 om
[XI nu
[XI on
0 OBI
0 OBI
UBI
8 Rev. 03/28/96
e
Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated .
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#1 :Pgs 5.12.8-1 -
b) Affect existing recreational opportunities? (#1 :Pgs
0
5.12.8-7)
5.12.8-1 - 5.12.8-7) 0
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the El
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? la 0
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects whch will
cause the substantial adverse effects on human beings,
either directly or indirectly?
0 IXI
Less Than No
Significant Impact Impact
nla
UN
nu
00
nu
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XVII. EARLIER ANALYSES.
Earlier analysis of this proposed single family residential project has been completed through
93-01). The MEIR is cited as source #1 in the preceding checklist. This proposal is consister
with the applicable portions of the General Plan and is considered a project that was described i
MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-0
which are appropriate to the project have been incorporated into this project.
The project site is located in an area which is subject to the requirements of the Zone 20 Specifi
Plan approved by the City Council in 1994. A program EIR was certified for the Zone 2
Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation t
reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR
analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noist
pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetic
that could result from the development of the Specific Plan area. The Program EIR is intended t
be used in the review of subsequent projects within Zone 20. The project incorporates th
required Zone 20 Program EIR mitigation measures, and through the analysis of the require'
additional biological, geotechcal, hydrology, and noise analysis a determination has been mad
that no additional significant impacts beyond those identified and mitigated by the Program E11
will result from this project. The following environmental evaluation briefly explains the basi
for this determination along with identifling the source documents which support th
environmental determination. The Zone 20 Program EIR and additional technical studies ar
cited as source documents for this environmental evaluation.
the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (ME11
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DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCFUPTION/ENVIRONMENTAL SETTING
The project site is 14.7 acres in size and is located on the east side of Black Rail Road and 1,200 fec
south of future Poinsettia Lane. The project consist of 37 single-family lots with a minimum lot area c
7,500 square feet and a 5.45 acre open space lot. The site contains southern mixed chaparral, souther
coast live oak riparian forest, and disturbed or agricultural habitats. The topography onsite consists c
flat terrain in the western portion that slopes relatively steeply into a canyon in the eastern portion of th
property. Elevations range from a low in the canyon in the eastern portion of approximately 290 fec
above mean sea level (AMSL) to the highest point in the western portion of approximately 375 fec
AMSL.
The entire 14.7 site is designated as Residential Low-Medium Density (RLM 0-4 DU/AC) on thc
General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change and loca
coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 squarc
foot minimum lot size, Qualified Development Overlay Zone (R-1-Q) to correspond to the existin)
general plan land use designations. An irrevocable offer of dedication will be required over the ope]
space lot. In addition to approval of the tentative map application, a hillside development permit anc
coastal development permit are being requested.
11. ENVIRONMENTAL ANALYSIS
A. Environmental Impact Discussion
V. a) Air Quality
The implementation of projects that are consistent with and included in the updated 1994 General Plar
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. 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 updated General Plan will have cumulative
significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of
mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for
roadway and intersection improvements prior to or concurrent with development; 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; 4)
conditions to promote energy efficient building and site design; and 5) participation in regional growth
management strategies when adopted. The applicable and appropriate General Plan air quality
mitigation measures have either been incorporated into the design of the project or are included as
conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is located within
a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant
Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not
11 Rev. 03/28/96
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required b.ecause the certification of Final Master EIR 93-01, by City Council Resolution No. 94-24f
included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement C
Overriding Considerations’’ applies to all projects within the scope of the General Plan’s Final Mastc
EIR, including this project, therefore, no further environmental review of air quality impacts is require(
This document is available at the Planning Department.
VI. a) TransportatiodCirculation
The implementation of projects that fall within the scope of and are included in the updated 199.
General Plan will result in increased traffic volumes. Roadway segments will be adequate t
accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted b
regional through-traffic over which the City has no jurisdictional control. These generally include a:
freeway interchange areas and major intersections along Carlsbad Boulevard. Even with thc
implementation of roadway improvements, a number of intersections are projected to fail the City’;
adopted Growth Management performance standards at buildout.
To lessen or minimize the impact on circulation associated with General Plan buildout, numerou;
mitigation measures have been recommended in the Final Master EIR. These include measures to ensurf
the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes o
transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rai
systems; and 3) participation in regional circulation strategies when adopted. The diversion of regiona
through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are no1
within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation
mitigation measures have either been incorporated into the design of the project or are included as
conditions of project approval. The project will generate 370 average daily trips. Conditions of projecl
approval will include constructing a portion of Black Rail Road along the project frontage.
Regional related circulation impacts are considered cumulatively significant because of the failure oj
intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study’
checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan.
therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR
93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for
circulation impacts. This “Statement Of Overriding Considerations” applies to all projects that fall
within the scope of the General Plan’s Master EIR, including this project, therefore, no further
environmental review of circulation impacts is required.
The City has received its annual Growth Management Traffic Monitoring Report. The Report has
recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR)
and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a
changed circumstance negating reliance on previous environmental documentation. Pursuant to 8 15 162
of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if
substantial evidence (Le., the recorded intersection failure) determines that a changed circumstance
exists. However, case law has interpreted this section of the CEQA Guidelines to not require the
preparation of a “Subsequent
EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the
acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound
to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of
12 Rev. 03128196
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the intersection “short-term improvements” thereby, guaranteeing mitigation to a level o
insignificance.
VII. a, c. & d) Biological Resources
The Zone 20 Program EIR identified the mitigation requirement that future site specific biologic:
survey studies that focus on the impacts created by individual subsequent development projects t
prepared. The additional biological studies are required to consider the baseline data and biological ope
space recommendations of the Zone 20 Program EIR and provide more detailed and current resourc
surveys. The site specific biological survey is required to identify mitigation for any project specif
impacts.
A report titled, “Biological Resources Report and Impact Analysis for the Hadley Property, City c
Carlsbad, San Diego County, California,” dated September 21, 1998 by Dudek & Associates has bee
prepared for the project.
The biology report for the Hadley property determined that implementation of the project would result i
the direct loss of 10.12 acres, including impacts to the following habitat types:
0.0 acre of coastal sage scrub - less than significant
0.32 acre of southern maritime chaparral - significant
9.8 acres of agricultural land - less than significant
Below is a table that summarizes the impacts to the various plant communities onsite.
Plant Community
Southern Maritime
Chaparral
Coast Live Oak
Riparian Forest
Disturbed or
Agricultural Habitat
Totals I Existing Acreage Direct Impacts Open Space
4 .32 3.68
0.2 0 0.2
10.5 9.8 0.7
14.7 10.12 4.58
Indirect impacts may result in the reduction of the carrying capacity of the native habitats, however, tht
patch of habitat onsite is connected to additional habitat offsite. These indirect impacts are considerec
less than significant.
The following onsite impacts associated with implementation of the proposed development plan are
considered significant:
a) Loss of 0.32 acre of southern maritime chaparral.
Although the project results in the loss of 0.32 acre of southern maritime chaparral, the projecl
contributes to the preservation of resources and the ultimate development of the subregional preserve
system by contributing open space, a total of 4.58 acres of predominately native habitats.
The Hadley property is located within Core Area 6 of the Carlsbad Draft HMP which has been
designated for 50 to 60 percent preservation by the MHCP and is subject to the project level conservation
requirements outlined within the Carlsbad HMP. On a overall project-level basis, the property is
13 Rev. 03/28/96
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proposed to provide 31 percent preservation, with the native habitats onsite proposed to providc
approximately 92 percent preservation which far exceeds the goals set by the MHCP. The propose(
project meets the project-level conservation requirements outlined by the Draft Carlsbad HMP: thc
project does not preclude the functioning of preserve linkages due to the preserve design; over 50 percen
of the southern maritime chaparral is preserved; there is no net loss of the coast live oak riparian fores
habitat or coastal sage scrub; the project has been designed to avoid and minimize impacts to sensitivl
habitats and species. Thus, the proposed project is consistent with the Draft Carlsbad HMP.
Mitigation Measures
The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant specie
that occur within this habitat. Included in the project design is the granting of an irrevocable offer o
dedication to the City of Carlsbad or an acceptable entity for an open spacekonservation easement ove
Lot Number 38 of the tentative map. This covers over 92 percent (3.68 acres) of the southern maritim
chaparral on the Hadley property. This is greater than the 2: 1 mitigation ratio that is typically require(
by the resource agencies for the impact of southern maritime chaparral. The open space easement alsl
includes the preservation of 100 percent of the wart-stemmed ceanothus, and Nuttall's scrub oa:
occurring onsite. In addition, the following mitigation measures will be implemented:
1. To mitigate potential disturbances to the California gnatcatcher, the grading operations withi:
100 feet of the proposed open space area shall be restricted during the gnatcatcher breedin:
season, or from February 15 to August 30 each year, unless it can be shown through fie11
reconnaissance by a certified biologist that no gnatcatchers are present on the property for twl
months prior to the start of grading.
2. The Developer shall establish a homeowner's association and corresponding covenants
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Plannin:
Director prior to final map approval. Prior to issuance of a building permit the Developer shal
provide the Planning Department with a recorded copy of the official CC&Rs that have bee]
approved by the Department of Real Estate and the Planning Director. At a minimum, th'
CC&Rs shall contain the following provision:
A. The CC&Rs shall include provisions specifying maintenance responsibility for Ope]
Space Lot 38. The CC&Rs shall stipulate that within the boundaries of the HOA ope
space easement, structures or any other thing not shown on the approved tentative ma.
or landscape plans shall be prohibited.
3. The Developer shall dedicate to the Homeowner's Association on the final map, an open spac
maintenance easement over Lot 38 identified on the tentative map to enable maintenanc
activities within the easement area including but not limited to, landscaping and irrigation i:
accordance with the approved tentative map and landscape plans, removal of debris and trasl
and erosion prevention and remediation. A note to this effect shall be placed on the non
mapping data sheet of the final map.
4. Removal of native vegetation and development of Open Space Lot 38, including but not limitel
to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than tlx
approved as part of the grading plan, improvement plans, landscape plan, etc. as shown on th
project exhibits, is specifically prohibited, except upon written order of the Carlsbad Fir
Department for fire prevention purposes, or upon written approval of the Planning Direct01
based upon a request from the Homeowners Association accompanied by a report from
qualified arboristhotanist indicating the need to remove specified trees and/or plants because c
14 Rev. 03/28/96
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disease or impending danger to adjacent habitable dwelling units. For areas containing nativc
vegetation the report required to accompany the request shall be prepared by a qualifiec
biologist.
IX. c) and d) Hazards
Agricultural chemicals have previously been used on the site according to the Zone 20 Program EIR
Because of this prior use there is the potential for soil contamination resulting from the varying degree!
of degradation, prevalence in the environment, and toxicity of the agricultural chemicals which may havc
been used. A Phase I Environmental Site Assessment was conducted on the site and determined that tht
overall potential for significant agricultural hazardous material or contamination onsite was low
however the uncertainty of potential environmental concerns cannot be eliminated. The followin1
mitigation measures shall be implemented to lessen this potential impact to a level of less thar
significant as recommended by the Site Assessment and as required by the Zone 20 Program EIR:
1) Prior to approval of the final map or grading plan a detailed soils testing and analysis report shal
be prepared by a registered soils engineer, and submitted to the City Planning and Engineerini
Departments as well as the County Department of Environmental Health for review an(
approval. This report shall evaluate the potential for soil contamination on-site due to historic
use, handling, or storage of restricted agricultural chemicals. The report shall also identify a
range of possible mitigation measures to remediate any potentially significant public health
impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation
measures shall include, at a minimum:
A. Remove any contaminated soils and haul to a State-certified landfill.
B. Cap the area of soil contamination with materials appropriate for the
containment of the specific type of chemical, tahng into account its rate 0.l
absorption and toxicity level.
C. Place the area of soil contamination in an open space easement, with restrictions
on future construction of permanent buildings and human uses. Fencing and
warning signs shall also be installed, where appropriate, prohibiting potential use
of the site.
2) The applicant shall notify, in a manner satisfactory to the City Attorney, all tenantshsers of new
development that these areas are subject to dust, pesticides, and odors associated with adjacent
agricultural operations, and that the tenantshsers occupy these areas at their own risk.
X. b) Noise
All projects located within 500 feet of existing/future Poinsettia Lane or within the McClellan-
Palomar Airport Influence Area are required to analyze the projected noise impacts. Because the
property is approximately 1200 feet south of future Poinsettia Lane and located south of the
McClellan-Palomar Airport Influence Area, a noise study was not prepared for the project. The
property is within a three-mile radius of the airport.
The following noise mitigation measures are required for the project:
1) Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject to
15 Rev. 03/28/96
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overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a forn
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on filc
in the Planning Department).
XIV. a) Cultural Resources - Paleontology
According to the Zone 20 Program EIR the geologic formations present within the Zone 20 Specific P1a1
Area have the potential to contain significant fossils. There is a high potential for the discovery of fossil
during future grading and construction activities. The following mitigation measures shall bl
implemented during future grading of the site to reduce potentially significant impacts on the region’
paleontological resources to an acceptable level:
A. Prior to any grading of the project site, a paleontologist shall be retained to perform ~
walkover survey of the site and to review the grading plans to determine if the proposec
grading will impact fossil resources. A copy of the paleontologist’s report shall bl
provided to the Planning Director prior to issuance of a grading permit;
B. A qualified paleontologist shall be retained to perform periodic inspections of the sit1
and to salvage exposed fossils. Due to the small nature of some of the fossils present il
the geologic strata, it may be necessary to collect matrix samples for laborator
processing through fine screens. The paleontologist shall make periodic reports to th,
Planning Director during the grading process;
C. The paleontologist shall be allowed to divert or direct grading in the area of an expose1
fossil in order to facilitate evaluation and, if necessary, salvage artifacts;
D. All fossils collected shall be donated to a public, non-profit institution with a researcl
interest in the materials, such as the San Diego Natural History Museum;
E. Any conflicts regarding the role of the paleontologist and the grading activities of thl
project shall be resolved by the Planning Director and City Engineer.
b) Cultural Resources - Archaeology
The Zone 20 EIR identifies a portion of a level 3 (potentially significant) cultural resource site on th
property which warrants a preliminary significance evaluation to be conducted by a qualifiei
archeologist. The test excavations conducted on March 19, 1999 found that the site contains a limitel
range of artifacts/ecofacts and is in an area of shallow soils that have been extensively disturbed b:
agricultural activities. The site tested has been determined to be not important (as defined by CEQq
There is a potential for the discovery of artifacts during future grading activities and the archaeologica
report recommends the monitoring of the site during grading activities.
The following mitigation measures shall be implemented prior to future grading of the site to reduc
potentially significant impacts on the archaeological resources to an acceptable level:
A. A qualified archaeologist shall be retained to perform inspections of the site during the clearin,
and initial stages of grading to review any exposed deposits and to determine there significance
The archaeologist shall make periodic reports to the Planning Director during the gradin
process.
16 Rev. 03/28/96
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111. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of Carlsbac
Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-1 161
extension 4447.
1. “Final Master Environmental Impact Report for the City of Carlsbad General Plan Update’
2. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 90-03), date(
3. “Biological Resources Report and Impact Analysis for the Hadley Property, City of Carlsbad
(MEIR 93-01), dated March 1994, City of Carlsbad Planning Department.
June 1992, Brian F. Mooney Associates.
San Diego County, California”, dated September 21, 1998, Dudek & Associates, Inc.
4. “Geotechnical Reconnaissance, Hadley Property, City of Carlsbad, California” (W. 0. 2541-A
SC), dated September 10, 1998, GeoSoils, Inc.
5. “Phase I Environmental Site Assessment, Hadley Property, City of Carlsbad, San Diego County
California” (W. 0. E2541-SC), dated October 6, 1998, GeoSoils, Inc.
6. “Hydrology Study for Hadley Property in the City of Carlsbad” (W.0. 2239-Ol), September 16:
1998, Hunsaker & Associates, Inc.
7. “Cultural Resources and Elevation of the Hadley and Carnation Properties in the City ol
Carlsbad, San Diego County, California”, December 1998, RMW Paleo Associates.
8. “Letter Report of Archaeological Test Excavations on CA-SDI-6819”, Carlsbad San Diegc
County, California, March 23, 1999, RMW Paleo Associates.
LIST OF MITIGATING MEASURES (IF APPLICABLE)
1. The Developer shall provide on the final map an irrevocable offer of dedication to the city of
Carlsbad or an acceptable entity for an open spacekonservation easement over Lots No. 38 of
the tentative map.
2. To mitigate potential disturbances to the California gnatcatcher, the grading operations within
100 feet of the proposed open space area will be restricted during the gnatcatcher breeding
season, or from February 15 to August 30 each year, unless it can be shown through field
reconnaissance by a certified biologist that no gnatcatchers are present on the property for two
months prior to the start of grading.
3. Concurrent with the recordation of the final map the Developer shall provide and record a deed
restriction over Lot No. 38 in its entirety to prohibit any encroachment or development,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping other than that approved as part of the tentative map, biological revegetation
program, and landscape plan as shown on the project exhibits of the tentative map.
17 Rev. 03/28/96
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4. Concurrent with the recordation of the final map the Developer shall dedicate, in fee title, Lot 3;
to the Homeowners Association and dedicate an open space easement to the Homeowner
Association or other entity acceptable to the City over the Lot No. 38 as shown on the projec
exhibits of the tentative map.
5. Lot 38 shall be maintained by the Homeowners Association or other entity acceptable to th
City.
6. Prior to approval of the final map or grading plan a detailed soils testing and analysis report shal
be prepared by a registered soils engineer, and submitted to the City Planning and Engineerinl
Departments as well as the County Department of Environmental Health for review an(
approval. This report shall evaluate the potential for soil contamination on-site due to historic
use, handling, or storage of restricted agricultural chemicals. The report shall also identify i
range of possible mitigation measures to remediate any potentially significant public healtl
impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigatiol
measures shall include, at a minimum:
A. Remove any contaminated soils and haul to a State-certified landfill.
B. Cap the area of soil contamination with materials appropriate for the containment of the
specific type of chemical, taking into account its rate of absorption and toxicity level.
C. Place the area of soil contamination in an open space easement, with restrictions or
future construction of permanent buildings and human uses. Fencing and warning sign2
shall also be installed, where appropriate, prohibiting potential use of the site.
7. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenantshers of new
development that these areas are subject to dust, pesticides, and odors associated with adjacenl
agricultural operations, and that the tenantdusers occupy these areas at their own risk.
8. Prior to the recordation of the first final tract map or the issuance of building permits, whicheve]
occurs first, the Developer shall prepare and record a Notice that this property is subject tc
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file
in the Planning Department).
A. Prior to any grading of the project site, a paleontologist shall be retained to
perform a walkover survey of the site and to review the grading plans to
determine if the proposed grading will impact fossil resources. A copy of the
paleontologist’s report shall be provided to the Planning Director prior to
issuance of a grading permit;
B. A qualified paleontologist shall be retained to perfom periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process;
18 Rev. 03/28/96
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C. The paleontologist shall be allowed to divert or direct grading in the ar
of an exposed fossil in order to facilitate evaluation and, if necessa1
salvage artifacts;
D. All fossils collected shall be donated to a public, non-profit institutic
with a research interest in the materials, such as the San Diego Natu
History Museum;
E. Any conflicts regarding the role of the paleontologist and the gradir
activities of the project shall be resolved by the Planning Director and Ci
Engineer.
10. A qualified archaeologist shall be retained to perform inspections of the site during tl
clearing and initial stages of grading to review any exposed deposits and to determil
there significance. The archaeologist shall make periodic reports to the Planning Direct
during the grading process.
11. The Developer shall pay his fair share for the “short-term improvements” to the f
Camino Real/ Palomar Airport Road intersection prior to approval of the final map or tl
issuance of a grading permit, whichever occurs first. The amount shall be determined k
the methodology ultimately selected by Council, including but not limited to, an increa:
in the city-wide traffic impact fee; an increased or new Zone 20 LFMP fel
the creation of a fee or assessment district; or incorporation into a Mello-Roos taxir
district.
ATTACH MITIGATION MONITOFSNG PROGRAM (IF APPLICABLE)
See attached
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AN
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
3- 7-6-99 1
Date Signature
19 Rev. 03/28/96
ENVIRONMENTA ? MITIGATION MONITORING CHE d LIST: Page 1 of 5
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