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HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46260 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 PLANNING COMMISSION RESOLUTION NO. 4626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A ZONE CHANGE FROM L-C TO R-1-7,500- Q AND 0-S AND TO SUBDIVIDE 27.7 ACRES INTO 21 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT WITH 21 SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE BETWEEN AVIARA PARKWAY AND BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: ZC 98-12/LCPA 98-09/CT 98-19/SDP 99- CASE NO.: ROESCH PROPERTY SUBDIVISION WHEREAS, Standard Pacific Corporation, “De~eloper’~, has filed z application with the City of Carlsbad regarding property owned by Ronald L. Roesch, ‘ described as O5/HDP 98-21/CDP 98-86 That portion of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, as described in Certificate of Compliance record March 11, 1997 as File No. 1997-0106633 official (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monito Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 6th day of Octobe duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all 1 and arguments, examining the initial study, analyzing the information submitted by considering any written comments received, the Planning Commission considered 2 relating to the Mitigated Negative Declaration and Mitigation Monitoring and I; Program. I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby RECOMMENDS APPROVAL of the Mitigated Declaration and Mitigation Monitoring and Reporting Program acc Exhibit “ND” dated July 29, 1999, and “PII” dated February 21, 1999: hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Mitigated Negative Declarz Mitigation Monitoring and Reporting Program, the environmenta therein identified for this project and any comments, thereon RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration has been prepared in accorda requirements of the California Environmental Quality Act, the State C and the Environmental Protection Procedures of the City of Carlsbad; anc c. it reflects the independent judgment of the Planning Commission of th Carlsbad; and d. based on the EIA Part I1 and comments thereon, there is no substantial the project will have a significant effect on the environment. Conditions: 1. The Developer shall implement, or cause the implementation of the Roesch Subdivision Project Mitigation Monitoring and Reporting Program. ... ... ... ... ... ... PC RES0 NO. 4626 -2- 1 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 ~ l e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 6th day of October, 199 following vote, to wit: AYES: Vice Chairperson Compas, Commissioners L’Heureux, Segall, Trigas, and Welshons NOES: ABSENT: Chairperson Heineman ABSTAIN: WILLIAM COMPAS, Vice Chgirperson CA€U,SBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4626 -3- r " - MITIGATED NEGATIVE DECLARATION Project Address/Location: North of Poinsettia Lane between Aviara Parkway and Black R Road in the southwest quadrant within the Zone 20 Specific PI area. Project Description: A Local Coastal Program Amendment, Zone Change, Tentatl Tract Map, Site Development Plan, Hillside Development Pern and Coastal Development Permit to change the zoning kc Limited Control (L-C) to One Family ResidentiaL'Qualifi Ovcrlay Zone/Open Space (R-1-7,5OO-Q/OS) and to subdivide t 27.7 acre parcel into 21 standard single family 7,500+ square fc lots and one open space lot. Single family homes are a1 proposed on each lot. The City of Carlsbad has conducted an environmental review of the above described projt 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, t 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 t 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 tk action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in tl Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from tl public are invited. Please submit comments in writing to the Planning Department within : days of date of issuance. If you have any questions, please call Anne Hysong in the Plannil Department at (760) 438-1 161, extension 4477. DATED: JULY 29,1999 CASENO: . ZC 98-12/LCPA 98-09/CT 98-19/HDP 98-21/CDP 98-86/SDP 99-05 CASE NAME: ROESCH PROPERTY SUBDIVISION PUBLISH DATE: JULY 29,1999 Planning Director 2075 La Paimas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 - FAX (760) 438-08! 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 98-12LCPA 98-09/CT 98-19/HDP 98-21/CDP 98-86/SDP 99- DATE: February 21. 19 BACKGROUND 1. CASE NAME: Roesch Prouertv 2. APPLICANT: Standard Pacific Homes 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 9335 ChesaDeake Drive. San Die: CA 92123 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: A urouosed Local Coastal Program Amendment and Zone Chan to change the land use designation for the site from Limited Control (L-C) to One-Fam Residential, 7,500 sauare foot minimum lot size. Qualified Develoument Overlay Zone (R. 7.500 -0) and Ouen Space (OS) on a 27.7 acre Darcel. Also urouosed is a Tentative Tract Mau create 21 residential lots and 1 ouen mace lot. a Site Development Plan, Hillside Develoumt Permit, and Coastal Development Permit. The Droiect site is located in the southwest auadr: north of Poinsettia Lane between Black Rail Road and Aviara Parkway within the boundaries the Zone 20 Suecific Plan.. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this projel involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impa Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning Ix] TransportatiodCirculation [7 Public Services Population and Housing IX1 Biological Resources c] Utilities & Service Systems c] Geological Problems Energy & Mineral Resources 0 Aesthetics 0 Water Hazards Cultural Resources [XI Air Quality [7 Noise [7 Recreation 1 Mandatory Findings of Significance 1 Rev. 03128196 0 0 DETERMINATION. (To be completed by the Lead Agency) 0 I find that the proposed project COULD NOT have a significant effect on tl environment, and a NEGATIVE DECLARATION will be prepared. [7 I find that although the proposed project could have a significant effect on tl environment, there will not be a significant effect in this case because the mitigatic measures described on an attached sheet have been added to the project. A NEGATIV DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant effect on the environment, and ; ENVIRONMENTAL IMPACT REPORT is required. [x] I find that the proposed project MAY have significant effect(s) on the environment, but least one potentially significant effect 1) has been adequately analyzed in an earli document pursuant to applicable legal standards, and 2) has been addressed by mitigatic measures based on the earlier analysis as described on attached sheets. A Mitigat! Negative Declaration is required, but it must analyze only the effects that remain to 1 addressed. I find that although the proposed project could have a significant effect on tl environment, there WILL NOT be a significant effect in this case because all potential significant effects (a) have been analyzed adequately in an earlier Master Environmenl Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voidc or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01 including revisions or mitigation measures that are imposed upon the proposed projec Therefore, a Notice of Prior Compliance has been prepared. L * 7/U/qji Planner Signature Date .I IZb#/qq Date 2 Rev. 03/28/96 0 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the Cil conduct an Environmental Impact Assessment to determine if a project may have a significa 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 1 use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negatih Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 A brief explanation is required for all answers except “‘No Impact” answers that’ a adequately supported by an information source cited in the parentheses following eac question. A “No Impact” answer is adequately supported if the referenced informatio sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, ( it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that th potential impact is not adversely significant, and the impact does not exceed adopte general standards and policies. 0 “Potentially Significant Unless Mitigation Incorporated” applies where the incorporatio of mitigation measures has reduced an effect fi-om “Potentially Significant Impact” to “Less Than Significant Impact.” The developer must agree to the mitigation, and th City must describe the mitigation measures, and briefly explain how they reduce tk effect to a less than significant level. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that a effect is significant. 0 Based on an “EIA-Part 11”, if a proposed project could have a potentially significar effect on the environment, but &I potentially significant effects (a) have been analyze, adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicabl standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigate Negative Declaration, including revisions or mitigation measures that are imposed up0 the proposed project, and none of the circumstances requiring a supplement to c supplemental EIR are present and all the mitigation measures required by the pric environmental document have been incorporated into this project, then no addition: environmental document is required (Prior Compliance). ’ 0 When “Potentially Significant Impact” is checked the project is not necessarily requirec to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIF pursuant to applicable standards and the effect will be mitigated, or a “Statement o Overriding Considerations” has been made pursuant to that earlier EIR. 0 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. 3 Rev. 03/28/96 a 0 If there are one or more potentially significant effects, the City may avoid preparing < EIR if there are mitigation measures to clearly reduce impacts to less than significant, a~ those mitigation measures are agreed to by the developer prior to public review. In tf case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporate1 may be checked and a Mitigated Negative Declaration may be prepared. a An EIR must be prepared if “Potentially Significant Impact” is checked, and includi~ but not limited to the following circumstances: (1) the potentially significant effect h not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, a~ the developer does not agree to mitigation measures that reduce the impact to less th, significant; (2) a (‘Statement of Overriding Considerations” for the significant impact h not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not redul the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is n possible to determine the level of significance for a potentially adverse effect, 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 oft! form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attentic should be given to discussing mitigation for impacts which would otherwise be determinl significant. 4 Rev. 03/28/96 0 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (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 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 land uses? (#l:Pgs 5.6-1 - 5.6-18; #2 Pgs 111-74 - I11 - 87) 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) 74 - I11 -87) 0 Potentially Potentially Less Than No Significant Significant Significant Impat Impact Unless Impact Mitigation Incorporated om 0 UIXI UKI 17 OB 0 0 OIXI 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - c) Displace existing housing, especially affordable 5.5-6) housing? (#l:Pgs 5.5-1 - 5.5-6) 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112 - b) Seismic ground shaking? ((#l:Pgs 5.1-1 - 5.1-15; #2: c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1- 1 - e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112 i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 111- 1 18; #4) Pgs 111-1 12 - 111-1 1'8; #4) ((#l:PgS 5.1-1 - 5.1.15; #2: Pgs 111-112 - 111-118; #6) 5.1-15;#2: Pgs 111-1 12 - 111-118; #4) Pgs 111-1 12 - 111-1 18; #4) 5.1-1 - 5.i-15; #2: pgs 111-1 12 - 111 -1 18; #4) 111-1 12 - 111-1 18; ##4) - I11 -118; #4) 5.1-15; #2 Pgs I11 -112 - I11 -118; #4) IV. WATER. Would the proposal result in: 0 0 0 0 0 0 0 El 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 151 o[xI UIXI OH OH ON nIxI 05 nIXI ON OH Elm 5 Rev. 03/28/96 0 Issues (and Supporting Information Sources), 4 b) c) dl e> 0 8) h) i) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (#l:Pgs 5.2-1 - 5.2- 11; #5) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-1 - 5.2-11; #5) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved Changes in the amount of surface water in any water Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-1 - 5.2-11; #5) 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 - 5.2-11; #5) Altered direction or rate of flow of groundwater? Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5. 2- Substantial reduction in the amount of groundwater otherwise available for public water supplies? ((#l:Pgs oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5.2-11; #5) body? ((#1 :PgS 5.2-1 - 5.2-1 1; #5) ((#l:PgS 5.2-1 - 5.2-11; #5) 11; #5) 5.2-1 - 5.2-1 1) 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- 1 - 5.3-12) 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) d) Create objectionable odors? ((#l:Pgs 5.3-1 - 5.3-12) - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the a) Increased vehicle trips or traffic congestion? (#l:Pgs b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (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? f, Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - proposal result in: 5.7-1 - 5.7.22; #2: PgS 111-58 - 111-69, #7) 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) (#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) 5.7.22; #2: Pgs 111-58 - 111-69) 6 a Potentially Significant Impact 0 0 0 -0 o 17 Potentially Less Than Significant Significant Unless Impact Mitigation Incorporated 0 0 0 0 0 17 0 0 0 0 0 17 0 0 0 0 0 Kl 0 0 0 0 0 0 0 No Impac IXI la la Ixl Ix1 IXI lxl Ixl la 0 IXI Ixl Ixl (x] 0 0 0 0 0 0 0 nu 0 OIXI 0 om 0 UIxl uIx1 OBI OIxl Rev. 03/28/96 0 0 Issues (and Supporting Information Sources). 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, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III- 37 - 111-57; #3) b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24; #2: d) Wetland habitat (eg 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 - 111-57; #3) Pgs 111-37 - 111-57; #3) (#l:PgS 5.4-1 - 5.4-24; #2: Pgs 111-37 - 111-58; #3) - 5.4-24; #2: Pgs 111-37 - 111-57; #3, #8) Potentially Significant Impact 0 I7 0 0 - Potentially Significant Unless Mitigation Incorporated [XI IXI 0 [XI VIII. ENERGY AND MINERAL RESOURCES. Would the a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and proposal? (#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and 0 the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 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, 0 0 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 - cl hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs 111-97 - 0 El health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs 0 IXI grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) 0 0 5.10.1-5) c) The creation of any health hazard or potential health III- 105) d) Exposure of people to existing sources of potential 111-97 - 111-105) e) Increase fire hazard in areas with flammable brush, X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 15; #2: Pgs 111-88 - 111-96; #6) 0 1 - 5.9-15; #2: Pgs 111-88 - 111-96; #5) 0 0 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) 0 7 Less Than No Significant Impac Impact on urn nn OH on 01SI 01SI urn OH n[xI nu on -0 El OIXI ON o[XI Rev. 03/28/96 0 Issues (and Supporting Information Sources). b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) C) Schools? (#1 :PgS 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#l, e) Other governmental services? (#l:Pgs 5.12.1-1 - PgS 5.12.1-1 - 5.12.8-7) 5.12.8-7) 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? (#l; 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) facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) 5.12.3-7) 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:Pg~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 - 53-10; #2: Pgs 10; #2: PgS 111-106 - 111-107) 10; #2: Pgs 111-70 - 111-73) PgS 111-70 - 111-73) 5.8-1 - 5.8-10; #2: PgS 111-70 - 111-73) 111-70 - 111-73) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - b) Affect existing recreational opportunities? (#1 :Pgs 5.12.8-7) 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 8 Potentially Significant Impact 17 o 0 0 0 0 I7 0 0 0 0 El 0 o I7 0 0 0 o I7 0 Potentially Less Than No Significant Significant Impa Mitigation Incorporated Unless Impact 175 17 OIX 0 OH 0 05 OK 0 OK 0 OK 17 OK 0 OK 17 OK 0 05 0 om 0 ON OB IXI no om 0 ON 0 nw 0 OB 0 ON 0 UIXI Rev. 03/28/96 e Issues (and Supporting Information Sources). Potentially Significant Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the 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 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“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 which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 prehistory? lzl 0 9 0 Potentially Less Than No Significant Significant Impac Mitigation Incorporated Unless Impact [x] nu no 0 om Rev. 03/28/96 0 0 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (ME1 93-01) . The MEIR is cited as source #1 in the preceding checklist. This proposal is consiste: with the applicable portions of the General Plan and is considered a project that was describc in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 934 which are appropriate to the project have been incorporated into this project. ,The project site is Iocated in an area which is subject to the requirements of the Zone z Specific Plan approved by the City Council in 1994. A program EIR was certified for the ZOI 20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigatic to reduce potentially significant impacts to insignificant levels. The Zone 20 Program El (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land us noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visu aesthetics that could result fi-om the development of the Specific Plan area. The Program El is intended to be used in the review of subsequent projects within Zone 20. The proje incorporates the required Zone 20 Program EIR mitigation measures, and through the analys of the required additional biological, geotechnical, hydrology, and noise analysis determination has been made that no additional significant impacts beyond those identified a1 mitigated by the Program EIR will result from this project. The following environment evaluation briefly explains the basis for this determination along with identifying the sour( documents which support the environmental determination. The Zone 20 Program EIR a additional technical studies are cited as source documents for this environmental evaluation. 10 Rev. 03/28/96 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is approximately 27.7 acres in size and is located at the north of Poinsettia La between Aviara Parkway and Black Rail Road . The project consists of 21 residential lots wit1 minimum lot area of 7,500 square feet and one 21.87 acre open space lot. The site conta: coastal sage scrub, southern maritime chaparral, native grasslands, southern willow scn California gnatcatchers, sensitive plant species, and areas which have been used for agriculture. A total of 27.7 acres of the site are designated as Residential Low-Medium Density (RLM C DU/AC). The project site is zoned Limited Control (L-C). A zone change and local coas program amendment are proposed to designate the site as One-Family Residential, 7,500 squi foot minimum lot size, Qualified Development Overlay Zone (R-1-Q) and Open Space (OS) correspond to the existing generai plan land use designations. An irrevocable offer of dedicati will be required over the open space lot. A portion of the residential density from these parcels being transferred to the area of the site which is proposed to be developed. In addition to approval of the tentative map application a hillside development permit and coas development permit approval are being requested. 11 Rev. 03/28/96 0 0 11. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 Gene Plan will result in increased gas and electric power consumption and vehicle miles travelt These subsequently result in increases in the emission of carbon monoxide, reactive organ gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the maj contributors to air pollution in the City as well as in the San Diego Air Basin. Since the S Diego Air Basin is a “non-attainment basin”, any additional air emissions are consider cumulatively significant: therefore, continued development to buildout as proposed in t 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 varic of mitigation measures are recommended in the Final Master EIR. These include: 1) provisio for roadway and intersection improvements prior to or concurrent with development; 2) meam to reduce vehicle trips through the implementation of Congestion and Transportation Dema Management; 3) provisions to encourage alternative modes of transportation including ma transit services; 4) conditions to promote energy efficient building and site design; and participation in regional growth management strategies when adopted. The applicable a appropriate General Plan air quality mitigation measures have either been incorporated into tl design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project located within a “non-attainment basin”, therefore, the “Initial Study” checklist is markt “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, tl preparation of an EIR is not required because the certification of Final Master EIR 93-01, by Ci Council Resolution No. 94-246, included a “Statement Of Ovemding Considerations’’ for 2 quality impacts. This “Statement Of Overriding Considerations” applies to all projects withi the scope of the General Plan’s Final Master EIR, including this project, therefore, no furthl environmental review of air quality impacts is required. This document is available at tl Planning Department. VI. a) TransportatiodCirculation The implementation of projects that fall within the scope of and are included in the updated 195 General Plan will result in increased traffic volumes. Roadway segments will be adequate 1 accommodate buildout traffic; however, 12 full and 2 partial intersections will be severe: impacted by regional through-traffic over which the City has no jurisdictional control. The: generally include all freeway interchange areas and major intersections along Carlsba Boulevard. Even with the implementation of roadway improvements, a number of intersection are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerou mitigation measures have been recommended in the Final Master EIR. These include measure to ensure the provision of circulation facilities concurrent with need; 2) provisions to develo alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestria linkages, and commuter rail systems; and 3) participation in regional circulation strategies whe 12 Rev. 03/28/96 e 0 adopted. The diversion of regional through-traffic from a failing Interstate or State Highw onto City streets creates impacts that are not within the jurisdiction of the City to control. T applicable and appropriate General Plan circulation mitigation measures have either be incorporated into the design of the project or are included as conditions of project approval. T project will be conditioned to dedicate a segment of the future citywide trail within the west< portion of the site (SDG&E access road), and to pay its fair share of the cost of the Poinset Lane road segment through Zone 20. Regional related circulation impacts are considered cumulatively significant because of t failure of intersections at buildout of the General Plan due to regional through-traffic, therefo the “Initial Study” checklist is marked “Potentially Significant Impact”. This project consistent with the General Plan, therefore, the preparation of an EIR is not required because t recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, includ a “Statement Of Overriding Considerations” for circulation impacts. This “Statement ( Overriding Considerations” applies to all projects that fall within the scope of the General Plar Master EIR, including this project. The City has received its annual Growth Management Traffic Monitoring Report. The Rep0 has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airpo: Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours, Th potentially creates a changed circumstance negating reliance on previous environment; documentation. Pursuant to $15 162 of the CEQA Guidelines a lead agency must prepare “Subsequent” environmental documentation if substantial evidence (i.e., the recorde intersection failure) determines that a changed circumstance exists. However, case law hz interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequer EIR’ if mitigation measures are adopted which reduce the identified impacts to a level G insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LO! into the acceptable range. The mitigation measure involves construction of two dual right tun lanes-northbound to eastbound and westbound to northbound. This project has bee: conditioned to pay its fair share of the intersection “short-term improvements,” thereb: guaranteeing mitigation to a level of insignificance. VII. a, c. & d) Biological Resources The Zone 20 Program EIR identified the mitigation requirement that future site specif biological survey studies that focus on the impacts created by individual subsequent developme projects be prepared. The additional biological studies are required to consider the baseline da and biological open space recommendations of the Zone 20 Program EIR and provide mo. detailed and current resource surveys. The site specific biological survey is required to identij mitigation for any project specific impacts. A report entitled, “Biological Resources Assessment of the Rosech Site Located in the City ( Carlsbad, San Diego County, California,” dated December 8, 1998 by Natural Resourc Consultants has been prepared for the project. In addition, a separate sensitive plant survey on portion of the Roesch property has been conducted to analyze the biological impacts associatr with the proposed project grading and fire suppression zones. 13 Rev. 03/28/96 e e The biology report for the Roesch property determined that implementation of the project wou: result in the direct loss of 6.61 acres or approximately 24% of the site including impacts to tl following habitat types and sensitive plant and animal species : 5.02 acres of agricultural - less than significant H 0.0 acre of coastal sage scrub - less than significant H 1.37 acre of southern maritime chaparral - significant H 4.98 acre of annual non-native grassland - less than significant m .28 acres of ruderal - less than significant H .01 acres of eucalyptus woodlands - less than significant I approximately 296 whte coast ceanothus H 20 Nuttall's scrub oak = 1591 square feet of western dichondra H 484 square feet of ashy spike moss Based on cumulative data pertaining to the site, it is assumed the site supports two gnatcatch( pairs within the coastal sage scrub and chaparral areas. The California gnatcatcher observe onsite were located on the north and south sides of the site withn chaparral and coastal saE scrub vegetation. There will be no impact to its preferred habitat, coastal sage scrub. Indirel impacts may result in the reduction of the carrying capacity of the native habitats, however, tf patch of habitat onsite is connected to additional habitat offsite. The proposed plan results in the preservation of approximately 21 acres (76 percent), 14.5 acre of which are native habitats, in natural open space, including 100% of native grasslands, coast: sage scrub, disturbed coastal sage scrub, and southern willow scrub, and 67% of souther maritime chaparral. The following onsite impacts associated with implementation of th proposed development plan are considered significant: a) Loss of 1.37 acre of southern maritime chaparral. The Roesch property is identified as a standards area within Linkage Area F of the Carlsba Draft Habitat Management Plan (HMP). Standards areas require a minimum preservation of 6 percent of coastal sage scrub and 75 percent of gnatcatchers as well as 100% conservation o narrow endemic species. Additionally, within Zone 20, a goal is established for no net loss o wetland habitats, southern maritime chaparral, maritime succulent scrub and coastal sage scrub The proposed project meets the standards area conservation requirements outlined by the Draf Carlsbad HMP: the project ensures the hctioning of preserve linkages due to the preservl design and native habitats that are contiguous with open space on adjacent parcels is preserved Although the project results in the loss of 1.37 acre of southern maritime chaparral, it does no contain narrow endemic plants and is located to the east of the linkage corridor proposed by thl Roesch project. The project contributes to the preservation of resources and the ultimat, development of the subregional preserve system by contributing open space, a total of 21 acres o predominately native habitats, in a continuous configuration through Linkage Area F. On a~ overall project-level basis, the property is proposed to preserve 76 percent of the site, with tht sensitive native habitats onsite proposed to receive approximately 100 percent preservatior except for southern maritime chaparral. The potential indirect impact to the 2 pair of gnatcatcher: observed onsite resulting from grading activities would be mitigated through direct surveys tc locate active gnatcatcher nests. If nests are present, no grading or removal of habitat may takt place within 200 feet of active nesting sites during the nestinghreeding season (mid-Februaq through mid-July). 14 Rev. 03/28/96 0 0 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 pla species that occur within this habitat. Included in the project design is the granting of ; irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an op~ space/conservation easement over Lot 22 of the tentative map. This covers over 67 perce (2.79 acres) of the southern maritime chaparral on the Roesch property. This satisfies the 2 mitigation ratio that is typically required by the resource agencies for the impact of southe maritime chaparral. The open space easement also includes the preservation of 100% of nati grasslands, coastal sage scrub, disturbed coastal sage scrub, southern willow scrub as well I the majority of wart-stemmed ceanothus, Nuttall's scrub oak, western dichondra, ashy spil moss, and California gnatcatcher occurring onsite. In addition, the following mitigatic measures will be implemented: To mitigate potential disturbances to the California gnatcatcher resulting fi-om grading activitie prior to the commencement of grading activities, direct surveys to locate active gnatcatcher nes shall be conducted by a qualified biologist. If nests are present, no grading or removal of habit may take place within 200 feet of active nesting sites during the nestinghreeding season (mi' February through mid-July). The Developer shall establish a homeowner's association and corresponding covenanl conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Plannir Director prior to final map approval. Prior to issuance of a building permit the Developer sh: provide the Planning Department with a recorded copy of the official CC&Rs that have bet approved by the Department of Real Estate and the Planning Director. At a minimum, tk CC&Rs shall contain the following provision: a. The CC&Rs shall include provisions specifying maintenance responsibility fc Open Space Lot 22. The CC&Rs shall stipulate that within the boundaries of tl- HOA open space easement, structures or any other thing not shown on tk approved tentative map or landscape plans shall be prohibited. The Developer shall dedicate to the Homeowner's Association on the final ma] an open space maintenance easement over Lot 22 identified on the tentatij map to enable maintenance activities within the easem'ent area including bl not limited to, landscaping and irrigation in accordance with the approve tentative map and landscape plans, removal of debris and trash, minimal fi1 suppression thinning, and erosion prevention and remediation. A note t this effect shall be placed on the non-mapping data sheet of the final map. Removal of native vegetation and development of Open Space Lot(s) 2; including but not limited to fences, walls, decks, storage buildings, pools, spa! stairways and landscaping, other than that approved as part of the grading plar improvement plans, landscape plan, etc. as shown on the project exhibits, i specifically prohibited, except upon written order of the Carlsbad Fire Departmer for fire prevention purposes, or upon written approval of the Planning Directo: based upon a request from the Homeowners Association accompanied by a repo: from a qualified arboristhotanist indicating the need to remove specified tree and/or plants because of disease or impending danger to adjacent habitabl 15 Rev. 03/28/96 0 m dwelling units. For areas containing native vegetation the report required accompany the request shall be prepared by a qualified biologist. IX. c) and d) Hazards Agricultural chemicals have previously been used on the site according to the Zone 20 Progra EIR. Because of this prior use there is the potential for soil contamination resulting from t: varying degrees of degradation, prevalence in the environment, and toxicity of the agricultm chemicals which may have been used. The following mitigation measures shall be implement. to lessen this potential impact to a level of less than significant as required by the Zone i Program EIR: 1) Prior to approval of the final map or grading plan a detailed soils testing and analys report shall be prepared by a registered soils engineer, and submitted to the City Plannir and Engineering Departments as well as the County Department of Environmental Heal for review and approval. This report shall evaluate the potential for soil contaminatic on-site due to historic use, handling, or storage of restricted agricultural chemicals. TI report shall also identify a range of possible mitigation measures to remediate a~ potentially significant public health impacts if hazardous chemicals are detected at hi; 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 containme1 of the specific type of chemical, taking into account its rate of absorption ar toxicity level. c. Place the area of soil contamination in an open space easement, with restrictior on future construction of permanent buildings and human uses. Fencing ar warning signs shall also be installed, where appropriate, prohibiting potential UI of the site. 2) The applicant shall notify, in a manner satisfactory to the City Attorney, all tenantsher of new development.that these areas are subject to dust, pesticides, and odors associate with adjacent agricultural operations, and that the tenantshers occupy these areas at the: own risk. X. b) Noise A noise study was prepared for the project as required by a mitigation measure identified in th Zone 20 program EIR. All projects located within 500 feet of existinghture Poinsettia Lane ar required to analyze the projected traffic noise impacts. The acoustical evaluation prepared b ' Investigative Science and Engineering concluded that the all noise levels at receptor point would be below the 670 dBA CNEL threshold established by the City; therefore no mitigation i required. In accordance with mitigation required by the Zone 20 EIR, the following condition shall b applied to the project: 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 propert: 16 Rev. 03/28/96 e e is subject to overflight, sight and sound of aircraft operating from McClellan-Palom Airport, in a form meeting the approval of the Planning Director and the City Attorn (see Noise Form #2 on file in the Planning Department). XIV. a) Cultural Resources - Paleontology According to the Zone 20 Program EIR the geologic formations present within the Zone Specific Plan Area have the potential to contain significant fossils, There is a high potential 1 the discovery of fossils during future grading and construction activities. The followi. mitigation measures shall be implemented during Euture grading of the site to reduce potential significant impacts on the region’s paleontological resources to an acceptable level: a. Prior to any grading of the project site, a paleontologist shall be retained perform a walkover survey of the site and to review the grading plans determine if the proposed grading will impact fossil resources. A copy of t: paleontologist’s report shall be provided to the Planning Director prior to issuan of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections oft site and to salvage exposed fossils. Due to the small nature of some of the foss present in the geologic strata, it may be necessary to collect matrix samples fi laboratory processing through fine screens. The paleontologist shall mal periodic reports to the Planning Director during the grading process; . c. The paleontologist shall be allowed to divert or direct grading in the area of i exposed 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 research interest in the materials, such as the San Diego Natural History Museurr e. Any conflicts regarding the role of the paleontologist and the grading activities 1 the project shall be resolved by the Planning Director and City Engineer. 111. EAlUIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City ( Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92001 (760) 438-1 161, extension 4446. 1. “Final Master Environmental Impact Report for the City of Carlsbad General Ple Update”, (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 9C 03), dated June 1992, Brian F. Mooney Associates. 3. “Biological Resources Assessment of the Roesch Site Located in the City of Carlsbac San Diego County, California”, dated December 8, 1998, Natural Resource Consultants. 4. “Geotechnical Investigation - Roesch Property” (Job No. 06074-12-02), dated May f 1998, Geocon, Inc. 17 Rev. 03/28/96 0 e 5. “Hydrology Study for Roesch Property in the City of Carlsbad” (W.O. 2240-05), datr June 24, 1998, Hunsaker & Associates, Inc. 6. “Standard Pacific Roesch Property Acoustical Study (SE Report #98-035)” datc December 2, 1998, Investigative Science and Engineering. 7. “1998 Traffic Monitoring Report” for the City of Carlsbad, Valley Research and Hami 8. “Draft Habitat Management Plan for Natural Communities in the City of Carlsbad” dat, Associates. April, 1999. 18 Rev. 03/28/96 e 0 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The project design mitigates direct impacts to southern maritime chaparral and t sensitive plant species that occur within this habitat. Included in the project design is t granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptat entity for an open space/conservation easement over Lot 22 of the tentative map. TI covers over 67 percent (2.79 acres) of the southern maritime chaparral on the Roes property. This satisfies the 2:l mitigation ratio that is typically required by the resow agencies for the impact of southern maritime chaparral. The open space easement a1 includes the preservation of 100% of the of native grasslands, coastal sage scm disturbed coastal sage scrub, southem willow scrub, and 2 pair of California gnatcatchc occurring onsite, and the majority of white coast ceanothus, Nuttall’s scrub oak, weste dichondra, ashy spike moss. 2. To mitigate potential disturbances to the California gnatcatcher resulting from gradi~ activities, prior to the commencement of grading activities, direct surveys to locate acti gnatcatcher nests shall be conducted by a qualified biologist. If nests are present, 1 grading or removal of habitat may take place within 200 feet of active nesting sites duril the nestinoreeding season (mid-February through mid-July). 3. The Developer shall establish a homeowner’s association and corresponding covenant conditions and restrictions. Said CC&Rs shall be submitted to and approved by tl Planning Director prior to final map approval. Prior to issuance of a building permit tl Developer shall provide the Planning Department with a recorded copy of the offici CC&Rs that have been approved by the Department of Real Estate and the Plannir Director. At a minimum, the CC&Rs shall contain the following provision: a. The CC&Rs shall include provisions specifying maintenance responsibility fi Open Space Lot 22. The CC&Rs shall stipulate that within the boundaries of tl HOA open space easement, structures or any other thing not shown on tl approved tentative map or landscape plans shall be prohibited. 4. The Developer shall dedicate to the Homeowner’s Association on the final map, a open space maintenance easement over Lot 22 identified on the tentative map 1 enable maintenance activities within the easement area including but not limited tc landscaping and irrigation in accordance with the approved tentative map an landscape plans, removal of debris and trash, minimal fire suppression thinninl and erosion prevention and remediation. A note to this effect shall be placed on th non-mapping data sheet of the final map. 5. Removal of native vegetation and development of Open Space Lot(s) 22, including bl not limited to fences, walls, decks, storage buildings, pools, spas, stairways an landscaping, other than that approved as part of the grading plan, improvement plan; landscape plan, etc. as shown on the project exhibits, is specifically prohibited, excer upon written order of the Carlsbad Fire Department for fire prevention purposes, or up0 written approval of the Planning Director, based upon a request from the Homeowner Association accompanied by a report from a qualified arboristhotanist indicating th need to remove specified trees and/or plants because of disease or impending danger t adjacent habitable dwelling units. For areas containing native vegetation the rep01 required to accompany the request shall be prepared by a qualified biologist. 19 Rev. 03/28/96 0 0 6. Prior to approval of the final map or grading plan a detailed soils testing and analy: report shall be prepared by a registered soils engineer, and submitted to the City Planni: and Engineering Departments as well as the County Department of Environmental Heal for review and approval. This report shall evaluate the potential for soil contaminatil on-site due to historic use, handling, or storage of restricted agricultural chemicals. T report shall also identify a range of possible mitigation measures to remediate a: potentially significant public health impacts if hazardous chemicals are detected at hi 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 containme of the specific type of chemical, taking into account its rate of absorption a toxicity level. c. Place the area of soil contamination in an open space easement, with restrictio on future construction of permanent buildings and human uses. Fencing a1 warning signs shall also be installed, where appropriate, prohibiting potential u of the site. 7. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenantshe of new development that these areas are subject to dust, pesticides, and odors associatt with adjacent agricultural operations, and that the tenantshers occupy these areas at the own risk. 8. Prior to the recordation of the first final tract map or the issuance of building permit whichever occurs first, the Developer shall prepare and record a Notice that this proper is subject to overflight, sight and sound of aircraft operating from McClellan-Palom Airport, in a form meeting the approval of the Planning Director and the City Attorn< (see Noise Form #2 on file in the Planning Department). a. Prior to any grading of the project site, a paleontologist shall be retained t perform a walkover survey of the site and to review the grading plans t determine if the proposed grading will impact fossil resources. A copy of th paleontologist~s report shall be provided to the Planning Director prior to issuanc of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections of tk site and to salvage exposed fossils. Due to the small nature of some of the fossi present in the geologic strata, it may be necessary to collect matrix samples fc laboratory processing through fine screens. The paleontologist shall mak periodic reports to the Planning Director during the grading process; c. The paleontologist shall be allowed to divert or direct grading in the area of a- exposed 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 research 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 ol the project shall be resolved by the Planning Director and City Engineer. 20 Rev. 03/28/96 0 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 21 Rev. 03/28/96 e 0 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. /Z/ /994 - Date - Signabe +W-~T~~~P~F~CAW~~ 22 Rev. 03/28/96 ENV ? ob n n h cn a co cn T I I- 0 a a3 cn \ ? 2 s 0 T Cil cnm 00, ? 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