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HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47721 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 PLANNING COMMISSION RESOLUTION NO. 4772 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING A RECIRCULATED ENVIRONMENTAL IMPACT REPORT, EIR 97-01 FOR THE DEVELOPMENT OF AN 18 HOLE CHAMPIONSHIP GOLF COURSE WITH CLUBHOUSE AND PRACTICE FACILITIES, AND APPROVING THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST AND WEST OF COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE CASE NO.: EIR 97-01 WHEREAS, The City of Carlsbad, “Developer and Owner”, has filed a verified application regarding property described as Approximately 397 acres north of Palomar Airport Road and west of Palomar Airport including Assessor’s Parcel Numbers 212-041-[12-371; 212-081-[2-211; 212-082-[l-lo]; 212-201- [5,7,11,12,13]. (the Property); and WHEREAS, said application constitutes a request for approval of the CARLSBAD MUNICIPAL GOLF COURSE (((Project”) as is more fully described in the Final Environmental Impact Report, EIR 97-01, dated January 2000, as provided in Chapter 19.04 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of April, 1998,16th day of December, 1998, and 7th day of June, 2000 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the project; and 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 Planning Commission of the City of Carlsbad as follows: 4 B) (3 D) Findinps: That the foregoing recitations are true and correct. That the Final Environmental Impact Report consists of the Draft Environmental Impact Report, EIR 97-01, dated November 1997, Recirculated Draft Environmental Impact Report dated October 1998, and Recirculated Draft Environmental Impact Report dated January 2000, appendices, all written comments and all responses to comments, as amended to include the comments and documents of those testifying at the public hearings and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report, all on file in the Planning Department incorporated by this reference, and collectively referred to as the “Report”. That the Environmental Impact Report EIR 97-01, and recirculated Environmental Impact Reports as so amended and evaluated are accepted and certified as the Final Environmental Impact Report and that the Final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Commission CERTIFIES Environmental Impact Report, CARLSBAD MUNICIPAL GOLF COURSE, EIR 97-01; APPROVES the Candidate Findings of Fact (‘(CEQA Findings”), attached hereto marked Exhibit “By’ and incorporated by this reference; APPROVES the Statement of Overriding Considerations (((Statement”), attached hereto marked Exhibit “B” and incorporated by this reference; and APPROVES the Mitigation Monitoring and Reporting Program as amended (“Program”), attached hereto marked Exhibit “C” and incorporated by this reference; based on the following findings and subject to the following conditions. 1. The Planning Commission does hereby find that Final EIR 97-01, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 97-01, the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of Overriding Considerations attached hereto as Exhibit “B”, the Mitigation Monitoring and PC RESO NO. 4772 -2- 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 3. 4. 5. 6. 7. 8. 9. 10. Reporting Program (“Program”) attached hereto as Exhibit “C”, prior to APPROVAL of the project. The Planning Commission finds that Final EIR 97-01 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does hereby APPROVE, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the “Candidate Findings of Fact” (Exhibit “B”). As is more fully identified and set forth in Final EIR 97-01 and in the Candidate Findings of Fact, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity assigned thereby to implement same. As is also noted in the above referenced environmental documents described in the above finding number 4, each of the alternatives to the project which were identified as potentially feasible in Final EIR 97-01 are found not to be feasible since they could not meet both the objectives of the project and avoid the identified significant environmental effects through implementation of feasible mitigation measures, for the reasons set forth in said Candidate Findings of Fact. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Candidate Findings of Fact and the Program. Changes or alterations have been required in or incorporated into the project which mitigate or avoid most significant effects identified in the EIR. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, will remain. Therefore, the Planning Commission hereby issues, pursuant to Section 15093 of the CEQA Guidelines, a Statement of Overriding Considerations set forth in Exhibit ‘(B”, which identifies the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. The Record of Proceedings for this project consists of the following: A. B. The Report, CEQA Findings, Statement and Program; All reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carlsbad that are before the decisionmakers as determined by the Planning Director; PC RESO NO. 4772 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. E. Conditions: All documents submitted by members of the public and public agencies in connection with the EIR thereto on the project; Minutes of all public meetings and public hearings regarding the EIR, and Matters of common knowledge to the City of Carlsbad which they consider including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan, which may be found at the office of the Planning Department located at 1635 Faraday Avenue in the custody of the Planning Director. 1. The City shall implement the mitigation measures described in Exhibit C, Mitigation Monitoring and Report Program for development of the Carlsbad Municipal Golf Course project. 2. That this Planning Commission Resolution No. 4772 certifying Final EIR 97-01 supersedes Planning Commission Resolution No. 4442. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of June, 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HmZMIkLER Planning Director PC RESO NO. 4772 -4- - EXHJBIT 6 CARLSBAD MUNICIPAL GOLF COURSE EIR CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS June 2000 f t r‘ - Carlsbad Municipal Golf Course ofR I. II. III. Iv. V. VI. VII. VIII. lx. X. XI. TABLE OF CONTENTS Page INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..l PROJECTDESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...2 RECORD OF PROCEEDINGS AND DECISION NOT TO RECIRCULATE EIR . . . .6 TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA . . . . . . . . . . . . . . . .8 LEGAL EFFECT OF FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 MITIGATION MONITORING PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IMPACTS DETERMINED TO BE INSIGNIFICANT . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DIRECT SIGNIFICANT EFFECTS OF THE PROJECT ANDMITIGATIONMEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...13 A. B. B. C. D. E. F. Land Use Compatibility ............................................ 13 Biological Resources .............................................. 14 AirQuality.. .................................................. ..2 0 Hydrology/Water Quality .......................................... .22 Public Services and Utilities ....................................... .25 Archaeological and Paleontological Resources ......................... .25 Landfonn Alteration/Grading ...................................... .28 CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATIONMEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...29 A. B. Cumulative Traffic/Circulation ..................................... .29 Cumulative Air Quality ........................................... .29 FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES . . . . . . . . . . . . . . . . . .32 STATEMENT OF OVERRIDING CONSIDERATIONS . . . . . . . . . , . . . . . . . . . . . . . .36 I 4 P Carlsbad Municipal Golf Course EIR Findings of Facts @ate) BEFORE THE CARLSBAD CITY COUNCIL RE: Carlsbad Municipal Golf Course FINDINGS OF FACT I. INTRODUCTION The Final Environmental Impact Report (FEIR) prepared on this project addressed the potential environmental effects of developing 397 acres of land with the Carlsbad Municipal Golf Course project. The Carlsbad Municipal Golf Course project includes an 18 hole championship golf course, club house, maintenance facility, driving range, conference center, and pads for planned industrial/golf related uses. In addition to the Carlsbad Municipal Golf Course project, the FEIR evaluated three alternatives to the proposed project. These included the No Project Alternative, Alternative Location, and Alternative Design. A Final Environmental Impact Report (EIR 97-01) for the Carlsbad Municipal Golf Course project was completed in March 1998. A Revised Draft EIR (October 1998) was prepared to provide additional and updated information to the March 1998 Carlsbad Municipal Golf Course Final EIR. The October 1998 revised draft was limited to those portions of the EIR that were modified from the previously circulated draft EIR (CEQA Guidelines section 15088.5(c)). No public comments were received on the October 1998 revised draft document and a public hearing was held on December 16, 1998 by the Planning Commission to recommend certification of the document to the City Council. However, during the environmental review process ofthe October 1998 Revised Draft EIR, the City was involved in negotiations with the USFWS and CDFG regarding the City’s Habitat Management Plan. These negotiations continued after the December 16, 1998 hearings, necessitating the recirculation of the Draft EIR. The January 2000 Revised Draft EIR addressed the golf course project in the context of the change in the HMP status, the revised project description, a revised environmental setting and on-site resources, and revisions to biological impact acreages and corresponding mitigation requirements. As required by the California Environmental Quality Act, the January 2000 Revised Draft EIR was circulated, and made available for public review for a period of 45 days, extending from March 3,200O through April 17,200O. This review period was also extended to May 18,2000, allowing for additional comments. One comment was received on the January 2000 Revised Draft EIR. 9 * /- /--. Carlsbad Municipal GoIf Course 1;1R Findings of Facts II. PROJECT DESCRIPTION The Carlsbad Municipal Golf Course project site consists of approximately 397 acres of land. The primary component of the proposed project is the development of an 18-hole championship golf course. Table 1 summarizes the proposed project characteristics. TABLE 1 PROJECT CHARACTERISTICS LAND USE APPROXIMATE ACRES/SQUARE FEET CHARACTERISTICS Golf Course 354.74 ac. Club House .5 ac./22,000 sq. ft. Parking Lot Conference Center Maintenance Building Driving Range Planned Industrial/Golf Related 2.2 ac. 2.24 ac.12 1,000 sq. ft. 1.3 ac.l9,040 sq. ft. 11.5 ac. 5.1 ac.l79,000 sq. ft. 2 Planned Industrial/Golf Related pads 17.1 acA63,OOO sq. ft. Palomar Oaks Way 2 ac. 1 g-hole championship, fairways, tees, greens, maintenance structures Clubhouse, cart storage, dining, pro shop 258 spaces Driving range with night lighting Future development of golf related and/or Planned Industrial uses as permitted within the Planned Industrial zone. Future development of golf related and/or Planned Industrial uses as permitted within the Planned Industrial zone. Vacation of a planned segment of Palomar Oaks Way Notes: ac. = acres sq. ft. = square feet Golf Course An 1 g-hole championship golf course which consists of tees, fairways, two comfort stations and a maintenance building will be developed on approximately 354.74 acres. The golf course fairways will be irrigated utilizing reclaimed water. A dual irrigation system (reclaimed water and potable water) will be utilized for all tees and greens. 2 . h Carlsbad Municipal Golf Course HR Findings of Facts As described in detail in Section 5.2 Biological Resources of the document, throughout the entire 397-acre project site will be the preservation of sensitive upland and wetland habitat in permanent open space. With the exception of several small areas of impact, the Macario Canyon wetland habitat will be preserved and enhanced on-site. Wetland impacts associated with the project will be “mitigated” on-site through the creation of replacement habitat. The riparian mitigation area proposed for this project, which will augment the existing Cannon Road riparian mitigation area on- site, may also serve as a depollutant basin. This basin, in the vicinity of Hole 13 and the existing riparian mitigation area, would serve to filter stormwater primarily coming from Faraday Avenue. The basin would also serve to filter the minimal level of pollutants expected to be generated by the proposed fairways. The design for this proposed drainage basin could include any of the following alternatives: 1) retaining the basin as storm drain pipe system; 2) using a mechanical “fossil filter” type product; 3) eliminating the proposed depollutant basin and replacing it with a minimal capacity graded “swale”; or, 4) a combination of 2 and 3. In addition to the wetland and riparian habitat mitigation areas, areas of coastal sage scrub habitat will also be preserved on-site, including areas that are currently void of coastal sage scrub that will be created as part of project mitigation requirements. Club House The golf course clubhouse will be located in the western portion of the project site and will be accessed by Hidden Valley Road. The clubhouse will be approximately 22,000 square feet in size, and will provide cart storage, casual dining and pro shop. A 258 space parking lot will be located adjacent to the clubhouse. Figure 3-4 provides the conceptual site plan for the clubhouse component of the project. Figure 3-5 depicts a conceptual elevation of the clubhouse. Conference Center The City will develop an approximately 2.24-acre site along the western boundary of the project for a 2 1,000 square foot conference center. Maintenance Building A golf course maintenance facility is proposed at the eastern boundary of the project site. The maintenance facility will be approximately 9,040 square feet and is proposed on a 1.3-acre pad. Figure 3-6 depicts the site plan and an elevation of the maintenance building. Driving Range A “double-ended” driving range, which will allow golf balls to be hit from both ends of the range, is proposed on approximately 11.5 acres in the western portion of the project site in close proximity to the clubhouse. Lighting is proposed for the driving range to allow nighttime use. The driving range will be lighted with a low-mounted bunker lighting system. Planned Industrial/Golf Related A 5.1 -acre pad will be created at the northeast comer of Hidden Valley Road and Palomar Airport Road which will accommodate future Planned Industrial/golf related development in this location. The approximate maximum square footage of development that can occur in this location is 79,000 square feet. Two pads will also be created on either side of College Boulevard in the northeastern 3 . - - Carlsbad Municipal Golf Course r;lR Findings of Facts portion of the project site to accommodate Planned Industrial/golf-related uses consistent with the Planned Industrial zone. These pads total 17.1 acres, with an approximate maximum development potential of 163,000 square feet. Cart Crossings Several cart crossings will be required for project implementation. A bridge is proposed to cross College Boulevard to provide access for golf carts and maintenance vehicles to the eastern portion of the golf course and maintenance facility. Four cart crossings are proposed in the northern portion of the site, three of which will cross a riparian area. The cart crossings over the riparian area will each be approximately 14 feet wide. Restrooms Two restrooms (comfort stations) are proposed which will serve golf patrons only. The proposed restroom at the eastern portion of the site will tie into existing sewer facilities. The proposed station in the northern portion of the site will utilize the sewer facilities that are to be available from Faraday Avenue when the extension of Faraday is completed. Trail Head Trail head parking will be provided in the golf course parking area. This trail head will serve the City’s trail system. Vacation of a portion of Palomar Oaks Way A component of the proposed project involves the vacation of a segment of Palomar Oaks Way which is required to accommodate the golf course use in the eastern portion of the project site. As proposed, the project will eliminate the planned segment of Palomar Oaks Way that extends from its current northern terminus to its intersection with College Boulevard. The project will preserve up to a 72 foot wide right-of-way from College Boulevard to the Jim Hieatt property. Temporary Road Closure The construction of the proposed project will require temporary road closure on College Boulevard between 8:00 PM and 5:00 AM for a period of 30 to 45 days during construction of the project. PROJECT OBJECTIVES The following statements represent the objectives of the City of Carlsbad. These objectives also provide a basis for identification of project alternatives described in the EIR. l Develop and operate an 1 g-hole “championship” length, high quality public golf facility, including all necessary amenities, on City-owned property. 4 . l /- r-. Carlsbad Municipal Golf Course UR Findings of Facts l Follow the direction from the Carlsbad voters’ approved 1989 transient occupancy tax increase to finance the development of the public golf facility. . Implement the 1989 mandate to develop public recreation including a golf course. . Identify and facilitate the development of other compatible land uses and financial opportunities on the property which are directly related to creating a fee structure which will include reduced rates for Carlsbad residents. . Identify and preserve, to the greatest extent practical, the known environmental resources on the property. l Develop a golf course routing plan that identifies and eliminates current and future conflicts with the known and planned utility facilities traversing the property owned by SDG&E, Carlsbad Municipal Water District, City of Carlsbad, and others. l Retain a minimum of 100 acres of parkland north of the planned extension of Faraday Avenue, satisfying the Growth Management Plan standard of 25 acres per quadrant for Veterans Memorial Park. l Create the opportunity to develop a conference center on-site. l Design the golf course to maximize the compatibility and preservation of natural resources on-and off-site. l Design the golf course to accommodate the avian corridor through the site, as previously identified by resource agencies. l Provide on-site trail head parking for access to the segment of the Citywide trail system that runs through the project site. PROJECT PHASING The golf course, driving range and clubhouse are anticipated to be open for use by late 2001. Development of the planned industrial/golf related pads is anticipated to follow the initial opening of the golf course by individual discretionary actions. INTENDED USES OF THE EIR The following provides a list of the actions/approvals that will be under consideration by the City Council as part of the proposed project: 1. Conditional Use Permit. The proposed project will require a Conditional Use Permit for the Golf Course. Golf courses are allowed within the Planned Industrial and Open Space zoning designations subject to approval of a Conditional Use Permit. 5 c . - - Carlsbad Municipal GoIf Course EIR Findings of Facts 2. Hillside Development Permit. Proposed grading of the project site must be in conformance with the City’s Hillside Development Ordinance. 3. Coastal Development Permit. A portion of the project site is located within the California Coastal Zone, thereby necessitating a Coastal Development Permit. Because the project does not involve an amendment to the City’s Local Coastal Program, the City of Carlsbad is the permitting authority for the Coastal Development Permit. 4. Special Use Permit. A portion of the project site is located in a floodplain, thereby necessitating a Special Use Permit as defined in Section 21 .l 10.130 of the Carlsbad Zoning Code. 5. 1601 Streambed Alteration Agreement. Due to activity proposed within wetlands and jurisdictional waters of the U.S., a 1601 Streambed Alteration agreement with the California Department of Fish and Game is required. 6. 404 Permit. A U.S. Army Corps of Engineers 404 permit is required due to project impacts to wetlands and jurisdictional waters of the U.S. III. RECORD OF PROCEEDINGS AND DECISION NOT TO RECIRCULATE EIR For the purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this Project shall consist of the following: l The November 1997 Draft and March 1998 Final EIR for the Project, including appendices and technical reports; l The October 1998 Revised Draft and December 1998 Revised Final EIR for the Project, including appendices and technical reports; l The January 2000 Revised Draft and June 2000 Revised Final EIR; l All reports, applications, memoranda, maps, letters and other planning documents prepared by the project engineering, design, and architecture consultants, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; l All documents submitted by members of the public and public agencies in connection with the EIR on the Project; l Minutes of all workshops, public meetings and public hearings held by the City of Carlsbad; l Any documentary or other evidence submitted at workshops, public meetings and public hearings; and 6 t 1 - Carlsbad Municipal Golf Course cIR Findings of Facts l Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following: l Carlsbad General Plan l Carlsbad Zoning Ordinance l Local Facilities Management Plan for Zones 5 and 8 . Local Coastal Program. Under the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Administrative Code section 15 164): (A) A lead agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification. As used in this section, the term “new information” can include changes in the project or environmental setting as well as additional data or other information. New information added to an EIR is not “significant” unless the EJR is changed in a way that deprives the public ofmeaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (B) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. (C) If the revision is limited to a few chapters or portions of the EIR, the lead agency need only recirculate the chapters or portions that have been modified. (D) Recirculation of an EIR requires notice pursuant to Section 15087, and consultation pursuant to Section 15086. (E) A decision not to recirculate an EIR must be supported by substantial evidence in the administrative record. The City received one comment letter on the January 2000 Revised Draft EIR. The comment letter and response to the comment letter are contained in Section 9.0 of the June 2000 Revised Final EIR. There is no need for re-circulation of the January 2000 Revised Draft EIR as the comment letter does 7 . 5 ,- Carlsbad Municipal Golf Course AR Findings of Facts not disclose any new significant information or environmental impact that would require the implementation of new mitigation. Second, the comment does not show that there would be a substantial increase in the severity of an environmental impact. Rather, each of the significant environmental impacts was addressed in the EIR, and appropriate mitigation measures and/or alternatives have been identified to reduce such impacts, where feasible, to below a level of significance. All project-specific impacts can be mitigated to below a level of significance. The cumulative impact of traffic circulation and air quality will remain significant and unavoidable. The comment does not show a substantial increase in the severity of any environmental impact analyzed in the EIR. Third, no feasible project alternatives or mitigation measures have been proposed that would clearly lessen the significant environmental impacts of the project. Fourth, the EIR was proper and adequate and provided an opportunity for meaningful public review and comment. This is shown by, among other things, the text of the EIR and the analysis set forth therein. The comment does not present significant new information to be added to the EIR. In response to the comment, the EIR has not changed, nor should it be changed, in a way that has deprived or would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect. There is no substantial adverse impact of the project that has been shown for the first time in the comment. Nor has there been suggested a feasible way to mitigate or avoid such an effect. Further, the public has had a full, complete and meaningful opportunity to comment upon the EIR including the environmental effects set forth therein. The EIR was properly circulated for a period of more than the required 45 days, and the City has received one comment letter to the EIR. Additionally, the Planning Commission held a hearing on June 7,2000, at which people could appear and testify on the project and/or EIR. Finally, the EIR has not been changed in a way that would deprive the public of such a meaningful opportunity to comment. In sum, the comments do not require the circulation of the EIR or any significant changes to it. IV. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that “[clhanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (emphasis added.) The second potential finding is that “[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.” The third permissible conclusion is that “[ slpecific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.” 8 Carlsbad Municipal Golf Course EIR Findings of Facts Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and merely “substantially lessening” such an effect. The meaning of these terms, therefore, must be gleaned from other contexts in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines section 15091 is based, uses the term “mitigate” rather than “substantially lessen.” The CEQA Guidelines, therefore, equate “mitigating” with “substantially lessening.” Such an understanding of the statutory term is consistent with Public Resources Code section 21001, which declares the Legislature’s policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures or alternatives that could “avoid or substantially lessen” such significant effects. For purposes of these findings, the term “avoid” shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant 1eveE. In contrast, the term “substantially lessen” shall refer to the ability of such measures to substantially reduce the severity of a significant effect, but not to reduce the effect to a level of insignificance. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is “avoid[ed] or substantially lessen[ed],” these findings, for purposes of clarity, will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant). The purpose of these findings is to systematically restate the significant effects of the Project on the environment identified in the Final EIR, and determine the feasibility of mitigation measures and Project alternatives identified in the Final EIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient measures to avoid a significant impact, the City does not need to adopt every mitigation measure brought to its attention or identified in the Final EIR. It is the policy of the State of California and the City of Carlsbad to not approve a Project if there are available feasible mitigation measures or project alternatives which would substantially lessen that Project’s significant environmental effects. Only when such mitigation measures or Project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a Project in spite of its significant effects. Another purpose of these findings is to bring focus on Project alternatives in the ultimate decision maker’s decision whether to approve or disapprove the Project. If, after application of all feasible mitigation measures to the Project, significant impacts remain, Project alternatives identified in the FEIR must be reviewed and determined to be feasible or infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decision makers conclude any such Project alternatives are infeasible (see further discussion in Feasibility of Alternatives Section). V. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Carlsbad (“City” or “decision makers”) hereby binds itself and any other responsible parties, including the Applicant (in this case, also the City) and its successors in interest (hereinafter referred to as “Applicant”), to implement those measures. These findings, in other words, are not merely informational or 9 P Carlsbad Municipal Golf Course 1-57R Findings of Facts hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the Project. VI. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, the City of Carlsbad, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during Project implementation, the Applicant and any other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled “Carlsbad Municipal Golf Course EIR Mitigation Monitoring Program.” VII. IMPACTS DETERMINED TO BE INSIGNIFICANT The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR. Land Use Compatibility l No impact associated with compatibility between on-site land uses is anticipated. (FEIR 5.1-10) l The project will generally be compatible with surrounding existing and future planned land uses. No land use compatibility impact is anticipated. (FEIR 5.1-10) l No impact to consistency with the General Plan is anticipated. (FEIR 5.1-10) l No impact to consistency with the Zoning Ordinance is anticipated. (FEIR 5.1-10) l No impact to consistency with LFMP 5 and 8 zone plans is anticipated. (FEIR 5.1-11) . No impact to land use compatibility with the McClellan-Palomar Airport is anticipated. (FEIR 5.1-11) l The project is consistent with the Draft HMP as the project design and required mitigation measures reduce all impacts to sensitive vegetation and biological resources to a level less than significant (FEIR, 5.1-12) 10 P Carlsbad Municipal Golf Course LIR Findings of Facts Biological Resources l Project design will avoid any native grassland habitat and the proposed project will not result in a significant impact to native grassland. (FEIR, 5.2-21) l Impacts to disturbed/agricultural lands are not considered significant and no mitigation is required. (FEIR, 5.2-2 1) l The proposed project will not result in impacts to Blochman’s Dudleya and thread-leak Brodiaea as these plant species have not been identified on-site. (FEIR, 5.2-21) . The proposed project will not result in a direct or indirect impact to the Least Bell’s vireo. (FELIX, 5.2-22) l The proposed project will not result in a direct or indirect impact to the southwestern willow flycatcher. (FELIX, 5.2-22) Traffic/Circulation l The proposed project will not result in a significant impact to intersection level of service. (FEIR 5.3-20) l The proposed project will not result in a significant impact to street segment level of service. (FEIR 5.3-20) l No impact to access is anticipated. (FEIR 5.3-20) Air Quality l The impact of the proposed project to sensitive receptors will be less than significant. (FEIR 5.4-5) Water Resources l The demand for potable water is not significant. (FEIR 5.6-2) l No impact to reclaimed water facilities is anticipated. (FEIR 5.6-2) Public Services and Utilities l The impact of the proposed project to the demand on fire protection services is less than significant. (FEIR 5.7-2) . The proposed project will not result in a significant environmental impact associated with the physical alteration, expansion or construction of new fire facilities. (FEIR, 5.7-2) l No significant impact to police protection services is anticipated and the project will not require the alteration, expansion or construction of new police facilities. The proposed 11 l , h Carlsbad Municipal Go2fCourse LAR Findings of Facts project will not result in a significant environmental impact associated with the alteration, expansion or construction of new police facilities. (FEIR 5.7-3) l No impact to sewer facilities and services is anticipated and no environmental impact associated with the construction of new sewer facilities on-site has been identified. (FEIR 5.7-6) l No impact to wastewater treatment facilities is anticipated and no environmental impact associated with the alteration, expansion or construction of new wastewater treatment facilities is anticipated. (FEIR 5.7-6) l Implementation of the proposed project will result in a less than significant demand to school services and no school facilities will be required to altered, expanded or constructed as a result of the proposed project. (FEIR 5.7-8) l The proposed project will result in a less than significant impact on the demand for gas and electrical services and no substantial alteration, expansion or construction ofnew gas and electric facilities will be required to serve the project site. (FEIR 5.7-8) Archaeological and Paleontological Resources l The proposed project will not result in a significant impact to sites SDI-6834, SDI-8690, SDI-8691, SDI-8692, SDI-9095, SDI-6833, SDI-14566, SDI-14563. (FER, 5.8-10) Landform Alteration/Grading l No significant visual impact as a result of construction activity is anticipated and the project will be consistent with the Scenic Preservation Overlay (FEIR 5.9-7) l The project will require the construction of a bridge over College Boulevard. A bridge will not have a significant aesthetic impact. (FEIR, 5.9-7) . No impact to compliance with the City of Carlsbad’s Scenic Corridor Guidelines will result from development of the proposed project. (FEIR 5.9-7) l As proposed, the project design does not include any feature that would result in adverse visual impacts as defined in the City of Carlsbad Local Coastal Program. (FEIR 5.9-7) Hazards/EMF l No significant impact related to EMF is anticipated. (FEIR 5.1 O-2) l No significant impact is anticipated as a result of locating the proposed project within the McClellan-Palomar Area of Influence or within the Flight Activity Zone. (FEIR 5.1 O-3) Agricultural Resources l No significant impact to prime agricultural land is anticipated. (FEIR 5.1 l-5) 12 . l Carlsbad Municipal Golf Course L;IR Findings of Facts l No significant impact to the conversion of coastal agriculture is anticipated. (FEIR 5.1 l- 5) l No significant impact to Williamson Act agricultural preserves is anticipated. (FEIR 5.1 l-5) l No impact to indirect conversion of adjacent agricultural uses is anticipated. (FEIR 5.11- 5) l No long-tetm soil erosion impact is anticipated. (FEIR 5.1 l-5) VIII. DIRECT SIGNIFICANT EFFECTS OF THE PROJECT AND MITIGATION MEASURES The Final EIR identified the following direct significant environmental effects (or “impacts”) that the Project will cause; all can be fully avoided through the adoption of feasible mitigation measures. A. LAND USE COMPATIBILITY Significant Effect: The direct impact to the wetland and riparian resources on-site conflicts with Policy 3.7 of the Local Coastal Program, which states that, “no direct impacts may be allowed except for the expansion of existing circulation element roads . . .” (FEIR, 5.1- 11) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. The direct impact to the wetland and riparian resources on the project site is mitigated to a level less than significant through implementation ofMitigation Measure 2 identified in Section 5.2 Biological Resources of the Final EIR. Because the direct impacts will be reduced to a level less than significant, no residual impact to consistency with the Local Coastal Program is anticipated. 2. Wetland impacts shall be mitigated through on-site revegetation and mitigation credit off- site, which will complement and augment the existing Cannon Road mitigation area. Mitigation shall be at a ratio of 3:l for southern willow scrub and mulefat scrub. As proposed, the project will provide restoration of wetland habitat on the northern side of Macario Canyon Creek as well as mitigation credit off-site through a combination of enhancement, creation and restoration. The on-site revegetation plan shall include the use of locally native riparian plant species found in the project vicinity. Willows shall be grown from cuttings obtained from trees in the surrounding area and San Diego Marsh Elder shall be planted from l-gallon container stock. The understory shall be seeded with herbaceous riparian species found in the vicinity. Regular monitoring of revegetated areas shall be conducted and a long-term maintenance program implemented including cowbird trapping and light control. Off-site mitigation credit shall be obtained through enhancement of Encinas and Agua Hedionda Creek, and/or the creation of riparian habitat at Lake Calaveras or another site deemed acceptable by the appropriate resource agency. This mitigation shall be applied in accordance with the applicable resource agency permits which include the 40 1 13 Car&bad Municipal Golf Course Liar Findings of Facts Regional Water Quality Board certification, a Section 1601 Streambed Alteration Agreement (Department of Fish and Game), and a U.S. Army Corps of Engineers 404 permit. An on- site conservation plan shall also be prepared, and approved by the City and the wildlife agencies if the City’s pending HMP is approved. (FEIR, 5. l-l 1 and 5.2-25) B. BIOLOGICAL RESOURCES Significant Effect: Implementation of the proposed project will result in the removal of 46.75 acres ofDiegan Coastal Sage Scrub and 3.75 acres of SouthernMaritime Chaparral. The impact to Diegan Coastal Sage Scrub and Southern Maritime Chaparral is considered a significant impact as these vegetation types have been identified as sensitive resources. (FEIR, 5.2-11) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Per the Draft HMP, a majority of the Diegan Sage scrub onsite will be preserved in a “proposed hardline preserve area.” Upon final approval of the HMP, this proposed conservation area will obtain the same conservation status as the “existing hardline conservation areas” and the City’s General Plan will be amended to designate the area as open space.’ Also per the HMP, Diegan sage scrub will be replaced at a 2:l ratio for a total of 93.5 acres. The 93.5- acre requirement consists of 53.86 acres of on-site preservation, 12.05 acres of on-site revegetation and 5 1.6 acres of off- site acquisition. The on-site revegetation of coastal sage scrub is estimated to be 24.1 acres. This is credited at a ratio of 0.5: 1 so mitigation credit is 12.05 acres. The 5 1.6 acres of off-site acquisition is required in order to preserve 5 pairs of gnatcatchers on the Choumas site, located southeast of the City of Carlsbad. Two other pair of gnatcatchers will be mitigated at Lake Calavera per the HMP. Table 5.2-4 (FEIR, 5.2-l 7) shows the Draft HMP mitigation that is required to be implemented for the Diegan sage scrub on-site’. Additionally, because the project is covered by the HMP, it is allowed to “. . . take California Gnatcatchers and other species included on the HMP species list, subject to the measures and conditions contained in . . . the Plan.” Implementation of the project per the HMP and implementation of Mitigation Measure 1 will reduce the impact to Diegan Coastal Sage Scrub to a level less than significant. Mitigation Measure 1 requires that implementation of the proposed project be consistent with the guidelines and standards of the City’s proposed Habitat Management Plan (HMP) and that the mitigation plan developed for the proposed golf course be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The project design includes a portion of the Southern Maritime Chaparral in open space. Within this vegetation community is the De1 Mar Manazanita and Lewis’ Evening Primrose. However, approximately 3.75 acres of this species will be impacted by grading activity on the site resulting in 1 As discussed on page 5.2-23 of the FEIR, the existing HMP is a Draft HMP until final approval by the wildlife agencies. Although not expected, mitigation acreages could be amended in the final HMP. 14 .- Carlsbad Municipal Golf Course SIR -. Findings of Facts a significant impact to Southern Maritime Chaparral. Per the HMP, the Southern Maritime Chaparral located on-site will be replaced at a 3:l ratio for a total of 11.25 acres. The 11.25-acre requirement consists of 2.84 acres of on-site preservation and 8.41 acres of off-site acquisition. Implementation of the proposed project per the HMP and implementation of Mitigation Measure 1 will reduce the impact to Southern Maritime Chaparral to a level less than significant. Mitigation Measure 1 requires that implementation of the proposed project be consistent with the guidelines and standards of the City’s proposed Habitat Management Plan (HMP) and that the mitigation plan developed for the proposed golf course be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. 1. The proposed project shall be consistent with the guidelines and standards of the City’s proposed Habitat Management Plan (HMP). The mitigation plan developed for the proposed project shall be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service and shall ensure that the Citywide conservation goals for LFMZs 5 and 8 as identified in the draft HMP (December 1, 1997) can be achieved should the golf course be approved prior to the approval of the HMP. The proposed project shall meet HMP standards and guidelines for all species impacted by the proposed project. A Draft Mitigation Plan has been prepared for the proposed golf course project. The mitigation plan is subject to further refinement, review, and approval by the City, the Department of Fish and Game and U.S. Fish and Wildlife Service. The mitigation plan shall meet the mitigation ratios for project impacts to coastal sage scrub, native grasslands, and wetlands impacts within the context of HMP approval. (FE& 5.2- 11,5.2- 17 and 5.2-24-5.2- 25) Significant Effect: The proposed project will impact approximately 3.75 acres of wetland habitat (including O.lOacre of non-wetland waters). (FEIR, 5.2-18) Finding: Pursuant to Section 1509 1 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Mitigation Measure 2 requires wetland habitat restoration ofwetland habitat on the northern side of Macario Canyon Creek as well as mitigation credit off-site through a combination of enhancement, creation and restoration. The proposed wetland restoration will be located within and adjacent to the channel of a natural stream, with sufficient year-round water to establish and support willow woodland. The off-site mitigation may include enhancement of Encinas Creek through exotic species removal (Pampas grass control), additional enhancement at Agua Hedionda Creek, and/or creation of riparian habitat at Lake Calaveras, or another site deemed acceptable by the Corps in consultation with other resource agencies. The proposed on-site wetland mitigation area would be within the golf course and adjacent to areas of play. Wetlands, including riparian habitat restoration locations, would be clearly marked as an “out of bounds” zone to protect these areas from unauthorized entry and human disturbance. In addition, the margins of the wetlands would be planted with species that discourage intrusion such as wild rose, blackberry, and southwestern spiny rush. Figure 5.2-3 (FEIR, 5.2-19) depicts the proposed riparian buffer treatment and revegetation areas. Figure 5.2-4 (FEIR, 5.2-20) depicts the riparian buffer cross-sections. 1.5 C Carlsbad Municipal Golf Course JL:IR h Findings of Facts Regular monitoring would be conducted until the plants are established and several additional management program factors would be implemented including cowbird trapping, an education program, and light control. The riparianmitigation area proposed for this project, which will augment the existing Cannon Road riparian mitigation area on-site, may also serve as a depollutant basin (refer to Figure 5.2-4 on FEIR page 5.2-20, Section D-D’ Hole 13). This basin, in the vicinity of Hole 13 and the existing riparian mitigation area, would serve to filter stormwater primarily coming from Faraday Avenue. The final design of this depollutant basin/system basin will consist of one of the following alternatives: 1) retaining the basin as storm drain pipe system; 2) using a mechanical “fossil filter” type product; 3) eliminating the proposed depollutant basin and replacing it with a minimal capacity graded “swale”:or, 4) a combination of 2 and 3. Alternative 1 could result in an approximately 0.75-acre reduction in on-site mitigation if wetlands created in the basin are eliminated from the mitigation credit through further consultation with the USFWS and CDFG. Although this Alternative would not result in a significant impact to the riparian mitigation area, this alternative would require additional off-site wetland mitigation. Additionally, this alternative would require regular maintenance requiring vehicular access to the mitigation area. Implementation of Mitigation Measure 2 would reduce this impact to a level less than significant. 2. Wetland impacts shall be mitigated through on-site revegetation and mitigation credit off- site, which will complement and augment the existing Cannon Road mitigation area. Mitigation shall be at a ratio of 3:l for southern willow scrub and mulefat scrub. As proposed, the project will provide restoration of wetland habitat on the northern side of Macario Canyon Creek as well as mitigation credit off-site through a combination of enhancement, creation and restoration. The on-site revegetation plan shall include the use of locally native riparian plant species found in the project vicinity. Willows shall be grown from cuttings obtained from trees in the surrounding area and San Diego Marsh Elder shall be planted from l-gallon container stock. The understory shall be seeded with herbaceous riparian species found in the vicinity. Regular monitoring of revegetated areas shall be conducted and a long-term maintenance program implemented including cowbird trapping and light control. Off-site mitigation credit shall be obtained through enhancement of Encinas and Agua Hedionda Creek, and/or the creation of riparian habitat at Lake Calaveras or another site deemed acceptable by the appropriate resource agency. This mitigation shall be applied in accordance with the applicable resource agency permits which include the 401 Regional Water Quality Board certification, a Section 1601 Streambed Alteration Agreement (Department of Fish and Game), and a U.S. Army Corps of Engineers 404 permit. An on- site conservation plan shall also be prepared, and approved by the City and the wildlife agencies if the City’s pending HMP is approved. (FEIR, 5.2-l 8 and 5.2-25) Significant Effect: Implementation of the proposed project could result in the loss of approximately 122.46 acres of non-native grassland on the project site. This could significantly reduce the raptor foraging habitat within the City and is considered a significant impact. (FEIR, 5.2-2 1) Finding: Pursuant to Section 1509 1 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measure would reduce the impact to below a level of significance. 16 l , - Carlsbad Municipal Golf Course r;lR .- Findings of Facts Per the HMP, non-native grassland shall be replaced at 0.5: 1 ratio within the City for a total of 61.23 acres. The 61.23-acre requirement consists of 37.13 acres of on-site preservation. In order to mitigate the impact to seven pairs of gnatcatchers, the proposed project was required to conserve 5 pairs on the Choumas site. This conservation requires 51.6 acres of coastal sage scrub. This additional 5 1.6 acres of coastal sage scrub results in approximately 24 acres more of coastal sage scrub mitigation than is required to mitigate the impact to the non-occupied coastal sage scrub habitat. The balance of the non-native grassland mitigation requirement is addressed through the provision of coastal sage scrub in excess of the mitigation requirements for non-occupied coastal sage scrub habitat. (FEIR, 5.2-21) Significant Effect: The proposed project will result in significant impacts to wetland habitat. (FEIR, 5.2-21) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Implementation of Mitigation Measure 2 will reduce the impact to wetland habitat, which includes the Southern Willow Scrub, Mule Fat Scrub, Riparian Herb, Freshwater Marsh, and Non Wetland Waters. Mitigation Measure 2 requires wetland habitat restoration on-site on the northern side of Macario Canyon Creek, off-site mitigation, and monitoring and management programs for the wetland area. 2. Wetland impacts shall be mitigated through on-site revegetation and mitigation credit off- site, which will complement and augment the existing Cannon Road mitigation area. Mitigation shall be at a ratio of 3:l for southern willow scrub and mulefat scrub. As proposed, the project will provide restoration of wetland habitat on the northern side of Macario Canyon Creek as well as mitigation credit off-site through a combination of enhancement, creation and restoration. The on-site revegetation plan shall include the use of locally native riparian plant species found in the project vicinity. Willows shall be grown from cuttings obtained from trees in the surrounding area and San Diego Marsh Elder shall be planted from l-gallon container stock. The understory shall be seeded with herbaceous riparian species found in the vicinity. Regular monitoring of revegetated areas shall be conducted and a long-term maintenance program implemented including cowbird trapping and light control. Off-site mitigation credit shall be obtained through enhancement of Encinas and Agua Hedionda Creek, and/or the creation of riparian habitat at Lake Calaveras or another site deemed acceptable by the appropriate resource agency. This mitigation shall be applied in accordance with the applicable resource agency permits which include the 401 Regional Water Quality Board certification, a Section 1601 Streambed Alteration Agreement (Department of Fish and Game), and a U.S. Army Corps of Engineers 404 permit. An on- site conservation plan shall also be prepared, and approved by the City and the wildlife agencies if the City’s pending HMP is approved. (FEIR, 5.2-21 and 5.2-25) Significant Effect: Implementation of the proposed project may result in a significant impact to one of the Burrowing Owl burrows. (FEIR, 5.2-22) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect 17 - Carlsbad Municipal Go2fCourse IZ:IR Findings of Facts as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Mitigation Measure 3 will reduce this impact to a level less than significant. Mitigation Measure 3 requires the mitigation of the impact to the burrow by the passive relocation from the occupied burrow to an artificial or natural burrow at least fifty meters from the impacted area. 3. Prior to clearing or grading, the impact to the Burrowing Owl burrow shall be mitigated by passive relocation. For the purposes of this mitigation, passive relocation shall be defined as encouraging the owl to move from an occupied burrow to an alternate natural or artificial burrow at least 50 meters away from the impacted area. Within the Hidden Valley Road drainage, numerous ground squirrel burrows are present for potential occupation of a burrowing owl. Owls shall be excluded from the impacted burrow for approximately one week prior to grading. The burrow shall then be excavated using hand tools and refilled to prevent occupation. (FEIR, 5.2-22,5.2-23 and 5.2-25) Significant Effect: The project will also result in the loss of approximately 47 acres of coastal sage scrub habitat, which supports approximately seventeen gnatcatcher locations. (FEIR, 5.2-23) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Per the Draft HMP, Diegan sage scrub will be replaced at a 2:l ratio for a total of 93.5 acres. The 93.5- acre requirement consists of 53.86 acres of on-site preservation, 12.05 acres of on-site revegetation and 5 1.6 acres of off-site acquisition. The on-site revegetation of coastal sage scrub is estimated to be 24.1 acres. This is credited at a ratio of 0.5: 1 so mitigation credit is 12.05 acres. The 51.6 acres of off-site acquisition is required in order to preserve 5 pairs of gnatcatchers on the Choumas site, located southeast of the City of Carlsbad. Two other pair of gnatcatchers will be mitigated at Lake Calavera per the HMP. 1. The proposed project shall be consistent with the guidelines and standards of the City’s proposed Habitat Management Plan @IMP). The mitigation plan developed for the proposed project shall be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service and shall ensure that the Citywide conservation goals for LFMZs 5 and 8 as identified in the draft HMP (December 1, 1997) can be achieved should the golf course be approved prior to the approval of the HMP. The proposed project shall meet HMP standards and guidelines for all species impacted by the proposed project. A Draft Mitigation Plan has been prepared for the proposed golf course project. The mitigation plan is subject to further refinement, review, and approval by the City, the Department of Fish and Game and U.S. Fish and Wildlife Service. The mitigation plan shall meet the mitigation ratios for project impacts to coastal sage scrub, native grasslands, and wetlands impacts within the context of HMP approval. (FEIR, 5.2-23 through 5.22-25) Significant Effect: The project will require 401 Regional Water Quality Board certification, a Section 1601 Streambed Alteration Agreement with the CaliforniaDepartment ofFish and Game, and aU.S. 18 .-- Carlsbad Municipal Golf Course mR -. Findings of Facts Army Corps of Engineers 404 permit, due to activity proposed within the jurisdictional wetlands and waters of the U.S. (FEIR, 5.2-23) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measure would reduce the impact to below a level of significance. Implementation of Mitigation Measure 2 will reduce the impact associated with disturbance to the existing wetland area to a level less than significant. In addition, the habitat enhancement and creation required by Mitigation Measure 2 as required under wetland and riparian protection laws will be coordinated with establishment and management of the preserve system under the HMP. 2. Wetland impacts shall be mitigated through on-site revegetation and mitigation credit off- site, which will complement and augment the existing Cannon Road mitigation area. Mitigation shall be at a ratio of 3:l for southern willow scrub and mulefat scrub. As proposed, the project will provide restoration of wetland habitat on the northern side of Macario Canyon Creek as well as mitigation credit off-site through a combination of enhancement, creation and restoration. The on-site revegetation plan shall include the use of locally native riparian plant species found in the project vicinity. Willows shall be grown from cuttings obtained from trees in the surrounding area and San Diego Marsh Elder shall be planted from l-gallon container stock. The understory shall be seeded with herbaceous riparian species found in the vicinity. Regular monitoring of revegetated areas shall be conducted and a long-term maintenance program implemented including cowbird trapping and light control. Off-site mitigation credit shall be obtained through enhancement of Encinas and Agua Hedionda Creek, and/or the creation of riparian habitat at Lake Calaveras or another site deemed acceptable by the appropriate resource agency. This mitigation shall be applied in accordance with the applicable resource agency permits which include the 401 Regional Water Quality Board certification, a Section 1601 Streambed Alteration Agreement (Department of Fish and Game), and a U.S. Army Corps of Engineers 404 permit. An on- site conservation plan shall also be prepared, and approved by the City and the wildlife agencies if the City’s pending HMP is approved. (FEIR, 5.2-23 and 5.2-25) Significant Effect: Under the City of Carlsbad’s HMP, extensive corridor linkages are recommended in core areas such as those that encompass the project site (Core area # 4 per the Draft HMP). The project will preserve a substantial portion of the corridor habitat in its proposed hardline preserve area which will be designated as open space upon approval of the HMP. Per the HMP, “take” of connectivity habitat will be authorized for the remaining portions of the project that are impacted. (FEIR, 5.2-233) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measure would reduce the impact to below a level of significance. Implementation of Mitigation Measure 1 will reduce the local corridor impact to a level less than significant. Mitigation Measure 1 requires that implementation ofthe proposed project be consistent 19 c * Carlsbad Municipal Golf Course EIR Findings of Facts with the guidelines and standards of the City’s proposed Habitat Management Plan (HMP) and that the mitigation plan developed for the proposed golf course be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. 1. The proposed project shall be consistent with the guidelines and standards of the City’s proposed Habitat Management Plan (HMP). The mitigation plan developed for the proposed project shall be prepared to the satisfaction of the California Department of Fish and Game and the U.S. Fish and Wildlife Service and shall ensure that the Citywide conservation goals for LFMZs 5 and 8 as identified in the draft HMP (December 1, 1997) can be achieved should the golf course be approved prior to the approval of the HMP. The proposed project shall meet HMP standards and guidelines for all species impacted by the proposed project. A Draft Mitigation Plan has been prepared for the proposed golf course project. The mitigation plan is subject to further refinement, review, and approval by the City, the Department of Fish and Game and U.S. Fish and Wildlife Service. The mitigation plan shall meet the mitigation ratios for project impacts to coastal sage scrub, native grasslands, and wetlands impacts within the context of HMP approval. (FEIJX, 5.2-23 through 5.2-25) C. AIR QUALITY Significant Effect: The proposed project will result in the generation of short-term emissions which is considered a significant impact. (FEIR 5.4-4) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. During grading and construction, the project developer shall comply with the following: a. During grading, clearing, earth moving or excavation, maintain equipment engines in proper tune. b. After clearing, grading, earth moving, or excavation: 1) Wet area down, sufficiently enough to form a crust on the surface with repeated soakings, as necessary to maintain the crust and prevent dust pick up by the wind. 2) Spread soil binders; and 3) Implement street sweeping as necessary. C. During construction: 1) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 20 Carlsbad Municipal Golf Coursk EIR Findings of Facts 2) Wet down areas in the late morning and after work is completed for the day; 3) Use low sulmr fuel (.05% by weight) for construction equipment. 2. Revegetation of exposed soils on-site due to grading activity shall take place as early as feasible in order to minimize wind erosion. Significant Effect: The project site is located in a non-attainment air basin for ozone and PM10 and would contribute to air emissions in the regional air basin. Due to the project’s location in a non- attainment air basin, the long-term project-specific air quality impact will remain significant. (FEIR 5.4-5) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. 3. The following measures shall be implemented and incorporated into project design. l Provide shade trees to reduce building/heating cooling needs; l Use energy efficient and automated controls for air conditioning; l Use energy-efficient low-sodium parking lot lights. 4. Prior to operation of the project and subject to the review and approval of the Engineering Department, any four of the following measures shall be implemented and incorporated into the project design: a. Construct and maintain off-site bicycle facility improvements, such as bicycle trails linking the facility to designated bicycle commuting routes or on-site improvements such as bicycle paths. The design, construction and maintenance of these improvements shall be completed to the satisfaction of the Planning Department prior to operation of the facility. b. Include adequate bicycle parking facilities, such as bicycle lockers and racks; C. Include showers for bicycling employees’ use. d. Construct on-site or off-site bus turnouts, passenger benches, or shelters as deemed necessary by the North County Transit District. e. Require employers to provide commuter information areas. f. Schedule truck deliveries and pickups for off-peak hours. (FEIR, 5.4-6 through 5.4-7) L - Carlsbad Municipal Golf Course IZIR Findings of Facts D. HYDROLOGY/WATER QUALITY Significant Effect: The proposed project will alter existing hydrology conditions in the area. (FEIR 5.5-4) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Mitigation Measure 1 requires the City to complete a final drainage report in conjunction with final grading and drainage plans. The final drainage report shall include measures and recommendations to adequately control runoff and drainage both on-site and off-site. Any recommendations or improvements identified in the final drainage report as necessary to adequately control runoff both on-site and off-site shall be implemented to the satisfaction of the City Engineer. Implementation of Mitigation Measure 1 will reduce the hydrology impact to a level less than significant. The proposed bridges across the Macario Canyon will also be designed during the final engineering design of the site. The preliminary plans indicate that they will span a portion of the riparian area and low flow channel, but some fill for the abutments is expected into the floodplain. Recommendations contained in the preliminary hydrology study, which the City shall implement to the satisfaction of the City Engineer, include analyzing the proposed bridges and/or culverts to determine culvert sizes and bridge heights. Implementation of Mitigation Measure 1 will reduce the impact to hydrology to a level less than significant. 1. The recommendations contained in the “Preliminary Hydrology Study for the Carlsbad Municipal Golf Course” (P&D/CTE Engineers, September 10,1997) shall be implemented. These recommendations consist of the following measures: a. A final drainage report shall be completed in conjunction with final grading and drainage plans. This report shall perform a hydraulic grade line analysis for all proposed storm drains, and a confirmation of adequacy for existing storm drain to remain. Any recommendations or improvements identified in the final drainage report as necessary to adequately control runoff both on-site and off-site shall be implemented to the satisfaction of the City Engineer. b. In the Macario Canyon, proposed bridges and/or culverts shall be analyzed using the HEC-II water surface profile computer program to determine culvert sizes and bridge heights. A one foot minimum freeboard shall be provided from the 100 year water surface. C. Improvements to existing storm drains as indicated in the preliminary hydrology study and final drainage report shall be completed with the final grading plans or improvement plans, whichever is applicable. (FE& 5.5-3, 5.5-4 and 5.5-6) Significant Effect: Grading of the project site will expose soils and may result in increased erosion and sedimentation, resulting in short-term impacts to surface water quality. (FEIR 5.5-4) 22 - Carlsbad Municipal Golf Course cIR Findings of Facts Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. The proposed project will be required to comply with NPDES practices and policies, as a NPDES permit will be required. Implementation of Best Management Practices for controlling erosion and sedimentation during construction, which will be established as part of the NPDES permit, will reduce the short-term impact to water quality to a less than significant level. Mitigation Measure 2 requires the project to comply with the NPDES permit for the City of Carlsbad. 2. A program of “Best Management Practices” that implements the guidelines identified in “Environmental Principles for Golf Courses in the United States” for the elimination and reduction of pollutants that enter into and/or are transported within storm drainage facilities shall be implemented for the golf-related commercial, planned-industrial, club house, and conference center portions of the project. BMPs shall include: l Employ the principles of Integrated Plant Management (IPM), a system that relies on a combination of common sense practices ofpreventing and controlling pests (e.g., weeds, diseases, insects) in which monitoring is utilized to identify pests, damage thresholds are considered, all possible management options are evaluated and selected control(s) are implemented. IPM involves a series of steps in the decision-making process: a. Through regular monitoring and record keeping, identify the pest problem, analyze the conditions causing it, and determine the damage threshold level below which the pest can be tolerated. b. Devise ways to change conditions to prevent or discourage recurrence of the problem. Examples include: utilizing improved (e.g., drought resistant, pest resistant) turfgrass varieties, modifying microclimate conditions, or changing cultural practice management programs. c. If damage thresholds are met, select the combination of control strategies to suppress the pest populations with minimal environmental impact, to avoid surpassing threshold limits. Control measures include biological, cultural, physical, mechanical, and chemical methods. Biological control methods must be environmentally sound and shall be properly screened and tested before implementation. Non-chemical control measures shall focus on practices such as the introduction of natural pest enemies (e.g. parasites and predators), utilizing syringing techniques, improving air movement, soil aerification techniques, and mechanical traps. The selection of chemical control strategies shall be utilized only when other strategies are inadequate. . Always read and follow label directions when using plant protectant products. Treat problems at the proper time and under the proper conditions to maximize effectiveness 23 . , Carlsbad Municipal Golf Course cIR Findings of Facts with minimal environmental impact. Spot treatments may provide early, effective control of problems before damage thresholds are reached. l Store and handle all pest control and nutrient products in a manner that minimizes worker exposure and/or the potential for point or non-point source pollution. Employ proper chemical storage practices and use suitable personal protective equipment and handling techniques. l Use nutrient products and practices that reduce the potential for contamination of ground and surface water. Strategies include: use of slow-release fertilizers, selected organic products, and/or fertilization. l Test and monitor soil conditions regularly and modify practices accordingly. Choose nutrient products and time applications to meet, not exceed, the needs of the turfgrass. l All plant protectant products shall only be applied by or under the supervision of a trained, licensed applicator or as dictated by law. l Maintain excellence in the continuing education of applicators (including state licensing, professional association training and IPM certification). Training for non-English speaking applicators shall be provided in the worker’s native language. l Debris basins shall be incorporated into project design to catch run-off debris as a result of high runoff during storm events. (FEIR, 5.5-4 and 5.5-6 through 5.5-8) Significant Effect: The proposed project has the potential to create long-term impacts as a result of the use of fertilizers on the golf course. (FEIR 5.5-4) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. As indicated in the preliminary hydrology analysis, surface runoff is only anticipated for the portions of the golf course with impervious surfaces (i.e., the clubhouse, commercial, parking lots). However, additional runoff from Faraday Avenue may impact the water quality on-site. As currently proposed, drainage for the golf course related uses (i.e., planned industrial, clubhouse, parking lot, maintenance facility, conference center) would flow to drainage facilities within Palomar Airport Road, and would not be discharged into the lagoon. In addition, the riparian mitigation area proposed for this project, which will augment the existing Cannon Road riparian mitigation area on-site, may also serve as a depollutant basin. This basin, in the vicinity of Hole 13 and the existing riparian mitigation area, would serve to filter stormwater primarily coming from Faraday Avenue. The design for this proposed drainage basin could include any of the following alternatives: 1) retaining the basin as a storm drain pipe system: 2) using a mechanical “fossil filter” type product; 3) eliminating the proposed depollutant basin and replacing it with minimal capacity graded swale southerly of Hole 13; or, 4) a combination of Alternatives 2 and 3. (FEIR, 5.5-4) 24 . , _- Carlsbad Municipal Golf Course r;lR Findings of Facts E. PUBLIC SERVICES AND UTILITIES Significant Effect: The proposed project will impact fire/emergency service if adequate emergency vehicle access is not provided to all portions of the golf course. (FEIR 5.7-2) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. Prior to grading of the site, an emergency vehicle access plan shall be prepared and submitted to the City of Carlsbad Fire Marshall. The plan shall identify the location of available access points onto the course from Palomar Oaks Way, College Boulevard, Palomar Airport Road, Hidden Valley Road and Faraday Avenue. The plan shall also indicate how emergency vehicle access will be maintained for all portions of the site. F. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES Paleontology Significant Effect: The project site is underlain by potentially significant fossil areas of both the Quatemary and the Tertiary age. Development of the project site will require earthwork which may result in impacts to paleontological resources. This is a significant impact. (FEIR 5.8-5) Finding: Pursuant to Section 1509 1 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR The following mitigation measures would reduce the impact to below a level of significance. Implementation of Mitigation Measures 3 through 9 will reduce the impact to paleontological resources to a level less than significant. 3. Prior to grading on any portion of the project site, a qualified paleontologist shall be retained by the City to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) 4. A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. 5. Apaleontological monitor shall be on-site aminimum ofhalf-time during the original cutting of previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) 25 . I F /-+ Carlsbad Municipal Golf Course ,IR Findings of Facts 6. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. 7. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. 8. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as a library or City Hall. 9. A final summary report shall be completed and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section (s) exposed, fossils collected, and significance of recovered fossils. Archaeology Significant Effect: Implementation of the proposed project will require grading with approximately 1.7 million cubic yards of cut and fill activity which will impact cultural resources on-site. (FElR 5.8-4) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. Implementation of Mitigation Measure 1 and 2 will reduce the impact to the sites to a level less than significant, Mitigation Measure 1 requires that mitigation of sties SDI-8303, SDI-8694, SDI-8797 and SDI- 14565 be accomplished through completion of a data recovery program in compliance with the City of Carlsbad and CEQA Guidelines. Mitigation Measure 2 requires that subsequent to the completion of a data recovery program, an archaeological monitor will be present during all ground disturbance. 1. Mitigation of sites SDI-8303, SDI-8694, SDI-8797, and SDI-14565 shall be accomplished through completion of a data recovery program in compliance with the City of Carlsbad and CEQA Guidelines. All artifacts, samples, photographs, maps, field notes, reports, or other records resulting from surface collection, subsurface testing, monitoring, and data recovery excavations shall be curated according to current professional repository standards. 26 Carlsbad Municipal Golf Course HR Findings of Facts 2. Subsequent to completion of the data recovery program for sites SDI-8303, SDI-8694, SDI- 8797, and SDI- 14565 an archaeological monitor shall be present during ground disturbance in these areas due to their potential for having buried cultural resources. These activities include clearing and grubbing, grading, and trenching. The archaeological monitor shall meet the City of Carlsbad’s requirements and shall be approved prior to implementing work. The archaeological monitor shall attend a pre-construction meeting. The archaeological monitor shall work with the City of Carlsbad construction management staff to suspend or redirect work if features or burials are encountered. Native American monitors shall be called if Native American remains are encountered. The on-site monitor shall be provided with a cellular telephone to provide communication with senior archaeological staff for prompt reporting of finds or problems. This will permit rapid deployment of personnel to areas where they are needed. On-site monitors shall keep daily field notes or logs of observations and problems. These logs shall be dated, signed, and submitted with the monitoring report. The Lead/Senior Archaeologist will brief the city reviewer (CR) and construction manager (CM) concerning insure and procedures that may be implemented during the project. The review will include communication hierarchies and reporting procedures, and an overview of the types of archaeological materials and features that could reasonably be encountered during construction. Monitor’s Authority to Temnorarily Halt Proiect Activities In the event that cultural resources are uncovered during construction, the archaeological monitor shall be authorized to temporarily halt construction in the immediate vicinity of the find. The archaeological monitor shall be responsible for immediately notifying the Lead Archaeologist CR and CM. If the Lead Archaeologist determines future assessment and/or treatment is warranted, the lead will notify the CR and CM. Upon the recommendation of the Lead Archaeologist/Historian, ground moving operations will be suspended while the appropriate assessments and treatments are conducted. During this time, construction may be redirected to other areas while the cultural resource deposit/features(s), including any human remains, are evaluated. Monitoring Documentation The archaeological monitor shall complete the daily field notes which may include the observed activities, the type of equipment, and a brief description of any new archaeological discovery (cultural material observed, context, and location). Photographs may be attached as necessary to provide documentation. The Lead Archaeologist and Cultural Resource Manager shall prepare a Cultural Resource Compliance Monitoring Report after all ground-disturbing construction activities have been concluded. The report shall summarize information about: 1. the level of effort involved in monitoring cultural resources (e.g., person- days) 2. description of activities; and 27 Carlsbad Municipal Golf Course EIR Findings of Facts 3. number and types of new cultural resource discoveries, including assessment and treatment action. Provisions for Encountering Human Remains If human remains are encountered, work shall be stopped immediately at that portion of the site. The site director shall then contact the client, the City representative and the San Diego Coroner’s office. If the remains are Native American, then the Native American Heritage Comission and the authorized tribal representative shall be contacted. Alternatives concerning the dispositions of human remains include: (1) removal of the remains for analysis and curation; (2) removal of the remains for analysis and reburial; or (3) removal of the remains with no analysis and reburial. Laboratorv Analvsis All cultural materials will be cleaned, weighed, and identified to the extent possible. As part of cataloguing, artifact and ecofact information will be entered into an electronic data base along with provenience, material class, functional category, and documentation of makers marks and other diagnostic characteristics. Specialized studies, such as floral and fauna1 analyses, will be conducted after initial sorting and cataloguing. &ration All artifacts, ecofacts, field notes, and photographs are the property of the client and will be placed in appropriately labeled boxes for temporary storage by the archaeological consultant. Later curation will be at an acceptable repository, identified, and funded by the client. Renort Prenaration Upon completion of fieldwork and resource analysis, a report of finding will be completed in compliance with CEQA and the City of Carlsbad guidelines. The report will describe the results of fieldwork and analysis and provide appropriate graphics and tables. This report will be on file at the City of Carlsbad and the South Coastal Information Center. G. LANDFORM ALTERATION/GRADING Significant Effect: As indicated in the grading plan, an excessive amount of fill is proposed adjacent to College Boulevard for the creation of one of the future planned industrial/golf related development pads. This amount of fill, and the creation of a 70 foot fill slope is inconsistent with the Hillside Ordinance, and the impact is considered significant. (FEIR 5.9-3) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. The proposed project shall comply with the hillside development and design standards as set forth in Section 21.95.060 of the City’s zoning code. Section 28 . t Carlsbad Municipal Golf Course EIR Findings of Facts 21.95.060 requires that contour grading techniques be used to provide a variety of both slope percentage and slope direction in a three-dimensional undulating pattern similar to existing, adjacent natural terrain. In no case shall a straight, flat, cut or filled slope face greater than thirty feet in height or two hundred feet in length be created. IX. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES A. CUMULATIVE TRAFFIC/CIRCULATION Significant Effect: Project-specific impacts will be less than significant. However, as indicated in the City’s General Plan Master EIR, the implementation of subsequent projects (i.e. the golf course project) that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted byregional through-traffic over which the City has no jurisdictional control. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the proposed project’s contribution, although minor, will still contribute to a significant cumulative impact. (FEIR 7-4,7-5) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations. The proposed project’s design will incorporate and be consistent with several traffic and air quality mitigation measures identified in the City’s General Plan Master EIR. These design components include the provision of a trail head that will provide access to the City’s trail system, and accommodation of the City’s trail system along College Boulevard and Palomar Airport Road by accommodating public sidewalks that tie into the network of public trail systems. Additionally, the project is designed so that planned industrial/golf related areas are situated adjacent to existing roadways, providing convenient access to these uses. B. CUMULATIVE AIR QUALITY Significant Effect: Implementation of the proposed project will result in an increase in air emissions in the area. 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 ofthe region. Cumulative air quality impacts are anticipated to remain significant and unavoidable. (FEIR 7-5) Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact is anticipated to remain 29 Carlsbad Municipal Golf Coursd EIR Findings of Facts significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations. Short-Term Mitigation 1. During grading and construction, the project developer shall comply with the following: a. During grading, clearing, earth moving or excavation, maintain equipment engines in proper tune. b. After clearing, grading, earth moving, or excavation: 1) Wet area down, sufficiently enough to form a crust on the surface with repeated soakings, as necessary to maintain the crust and prevent dust pick up by the wind. 2) Spread soil binders; and 3) Implement street sweeping as necessary. C. During construction: 1) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas in the late morning and after work is completed for the day; 3) Use low sulfur fuel (.05% by weight) for construction equipment. 2. Revegetation of exposed soils on-site due to grading activity shall take place as early as feasible in order to minimize wind erosion. Long-Term Mitigation 3. The following measures shall be implemented and incorporated into project design. l Provide shade trees to reduce building/heating cooling needs; l Use energy efficient and automated controls for air conditioning; l Use energy-efficient low-sodium parking lot lights. 4. Prior to operation of the project and subject to the review and approval of the Engineering Department, any four of the following measures shall be implemented and incorporated into the project design: 30 . , Carlsbad Municipal GoIf Course kIR Findings of Facts a. Construct and maintain off-site bicycle facility improvements, such as bicycle trails linking the facility to designated bicycle commuting routes or on-site improvements such as bicycle paths. The design, construction and maintenance of these improvements shall be completed to the satisfaction of the Planning Department prior to operation of the facility. b. Include adequate bicycle parking facilities, such as bicycle lockers and racks; C. Include showers for bicycling employees’ use. d. Construct on-site or off-site bus turnouts, passenger benches, or shelters as deemed necessary by the North County Transit District. e. Require employers to provide commuter information areas. f. Schedule truck deliveries and pickups for off-peak hours. (FEJR, 5.4-6 through 5.4-7) Additionally, measures have been incorporated into project design that will reduce project-specific air quality impacts. The proposed golf course will utilize electric golf carts which will avoid mobile emissions associated with gas powered golf carts. Additionally, the City will encourage the provision of shuttle service to and from the golf course from adjacent tourist serving uses such as hotels and timeshares. An underpass has been constructed under Hidden Valley Road between the golf course site and the Carlsbad Ranch Resort Hotel site to the west. This connection will encourage golf cart, pedestrian, and bicycle movement between the two areas. The proposed project’s design will incorporate and be consistent with several air quality mitigation measures identified in the City’s General Plan Master EIR. These design components include; l The provision of a trail head that will provide access to the City’s trail system; l Accommodation of the City’s trail system along College Boulevard and Palomar Airport Road by accommodating public sidewalks that tie into the network of public trail systems; l The project is designed so that planned industrial/golf related areas are situated adjacent to existing roadways, providing convenient access to these uses; l The project site is centrally located within the City and oriented near adjacent resort/recreation areas; l The project complies with adopted Growth Management performance standards for circulation facilities. 31 . I Carlsbad Municipal Golf Course AR Findings of Facts X. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the Project will cause some unavoidable cumulative significant environmental effects, as outlined above (see Section IX), the City must consider the feasibility of any environmentally superior alternative to the Project, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Citizens for Quality Growth v. City ofMount Shasta (1988) 198 Cal. App.3d 433 [243 Cal. Rptr. 7271; see also Pub. Resources Code section 21002. Because it is a judgment call whether an alternative is environmentally superior these findings contrast and compare all of the alternatives analyzed in the FEIR. In general, in preparing and adopting findings a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the Project as mitigated. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376 [2.53 Cal Rptr. 4261; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal. Rptr. 8421 see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal. Rptr. 6501. Accordingly, for this Project, in adopting the findings concerning Project alternatives, the City Council considers only those environmental impacts, that for the finally approved Project, are significant and cannot be avoided or substantially lessened through mitigation. Where as, in this Project, significant environmental effects remain even after application of all feasible mitigation measures identified in the Final EIR, the decision makers must evaluate the Project alternatives identified in the Final EIR. Under these circumstances, CEQA requires findings on the feasibility of Project alternatives. If no Project alternatives are feasible, the decision makers must adopt a Statement of Overriding Considerations with regard to the Project. If there is a feasible alternative to the Project, the decision makers must decide whether it is environmentally superior to the Project. Proposed Project alternatives considered must be ones which “could feasibly attain the basic objectives of the Project.” However, the Guidelines also require an EIR to examine alternatives “capable of eliminating” environmental effects even if these alternatives “would impede to some degree the attainment of the project objectives.” [CEQA Guidelines Section 15 126 subd.(d)] CEQA provides the following definition of the term “feasible” as it applies to the findings requirement: “‘Feasible’ means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” Pub. Resources Code, $2 1061.1. The CEQA Guidelines provide a broader definition of “feasibility” that also encompasses “legal” factors. CEQA Guidelines, 15364 (“The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor.“). Accordingly, “feasibility” is a term of art under CEQA and thus is afforded a different meaning as may be provided by Webster’s Dictionary or any other sources. Moreover, Public Resources Code section 2 108 1 governs the “findings” requirement under CEQA with regard to the feasibility of alternatives. It states in relevant part: 32 - Carlsbad Municipal Golf Course olR Findings of Facts “. . . [N]o public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: (a)(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” The concept of “feasibility,” therefore, as it applies to findings, involves a balancing of various economic, environmental, social, legal, and technological factors. See Pub. Resources Code §2106 1.1; CEQA Guidelines, 3 15364; Pub. Resources Code, 92 108 1,; see also City of DeZ Mar v. Cz?y of San Diego (1992) 133 Cal.App.3rd 401,414-417. In City of De1 Mar v. City of San Diego (1992) 133 Cal.App.3d 401,415-417, the Court ofAppeal found that the City of San Diego had “. . . considered and reasonably rejected . . . [certain] project alternatives . . . as infeasible in view of the social and economic realities in the region.” Id. at 417. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan which included the proposed development project. Accordingly, the court concluded: “Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis which led to the accommodation is of course subject to review, but it need not be mechanically stated at each stage of the approval process. In this sense, [feasibility’ under CEQA encompasses ‘desirability ‘to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technologicalfactors. We accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting various project alternatives as infeasible.” Id. (emphasis added). These Findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved Project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal and other benefits. In rejecting all of the alternatives, the decision makers have examined the finally approved Project objectives and weighed the ability of the various alternatives to meet the objectives. The decision makers believe that the Project best meets the finally approved Project objectives with the least environmental impact. The objectives considered by the decision makers are: l Develop and operate an 18-hole “championship” length, high quality public golf facility, including all necessary amenities, on City-owned property. l Follow the direction from the Carlsbad voters’ approved 1989 transient occupancy tax increase to finance the development of the public golf facility. l Implement the 1989 mandate to develop public recreation including a golf course. 33 -4 Carlsbad Municipal Golf Course AR Findings of Facts l Identify and facilitate the development of other compatible land uses and financial opportunities on the property which are directly related to creating a fee structure which will include reduced rates for Carlsbad residents. l Identify and preserve, to the greatest extent practical, the known environmental resources on the property. l Develop a golf course routing plan that identifies and eliminates current and future conflicts with the known and planned utility facilities traversing the property owned by SDG&E, Carlsbad Municipal Water District, City of Carlsbad, and others. l Retain a minimum of 100 acres of parkland north of the planned extension of Faraday Avenue, satisfying the Growth Management Plan standard of 25 acres per quadrant for Veterans Memorial Park. l Create the opportunity to develop a conference center on-site. l Design the golf course to maximize the compatibility and preservation of natural resources on-and off-site. l Design the golf course to accommodate the avian corridor through the site, as previously identified by resource agencies. . Provide on-site trail head parking for access to the segment of the Citywide trail system that runs through the project site. NO PROJECT ALTERNATIVE Description of Alternative CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15 126). This alternative assumes that the site would not be developed with the proposed project, however, the site would be developed in the future with land uses consistent with the Habitat Management Plan. Comparison to Proposed Project Because the proposed project site is within Core ##4 of the I-IMP and the land uses on-site must be consistent with the HMP, the most likely alternative should the proposed project not be approved, is a project vey similar to the proposed golf course. Because a very similar development scenario would have to occur on this site in order for the successful completion of the HMP, all environmental impacts associated with this alternative would be similar to the proposed project. This alternative is environmentally similar to the proposed project. Finding Specific economic, social, or other considerations make infeasible this project alternative identified in the Final EIR. 34 Carlsbad Municipal Golf Course IL:IR Findings of Facts Facts in Support of Finding A. This alternative would not meet the City of Carlsbad planning and design objectives for the proposed project, which includes the development of an 18-hole municipal golf course. ALTERNATIVE LOCATION Description of Alternative This alternative assumes the development of the proposed project at an alternative location. In order to develop the golf course portion of the project, a site acreage of a minimum of 350 acres would be required. An alternative location that could accommodate the minimum required acreage exists at the northeastern comer of El Camino Real and Palomar Airport Road. This area is planned for both industrial and open space uses and could accommodate approximately 350 acres of contiguous property. Comparison to Proposed Project The “Alternative Location” is environmentally similar to the proposed project. This alternative would not reduce or avoid any significant impacts identified for the proposed project. This alternative meets most of the basic objectives of the proposed project; however, it is located on property that is not owned by the City. Finding Specific economic, social, or other considerations make infeasible this project alternative identified in the Final EIR. A. This alternative is infeasible as it is located on property that is not owned by the City. The City is unable to condemn this property as it is not privately owned (it is owned by the County). B. This site is environmentally constrained to a much greater degree than the proposed project site. C. This alternative would not avoid or reduce any of the significant impacts associated with the proposed project. ALTERNATIVE DESIGN Description of Alternative This alternative assumes the development of the golf course under an alternative design. Under this alternative, the same level of development will occur on the site, however, the golf course would be developed as a g-hole course consisting of hole #‘s 1 through 9 as proposed for the proposed project. 35 c , Carlsbad Municipal Golf Course nfR Findings of Facts In developing this alternative, the City examined the feasibility of constructing 9 holes on the City property and 9 holes on the privately owned Carltas property (Carlsbad Ranch) located to the west of the project site. Such an alternative was determined to be infeasible as the property is not publicly controlled and is too far removed from efficient maintenance and operation. The limits of grading would be reduced by approximately 40-50% from the proposed project. Comparison to Proposed Project The “Alternative Design” is environmentally superior to the proposed project. This alternative would reduce significant impacts identified for the proposed project related to biological resources and archaeological/paleontological resource. Impacts to all other environmental issues would be similar to the proposed project. This alternative does not meet most of the basic objectives of the proposed project, including the provision of an 18-hole championship municipal golf course. Finding Specific economic, social, or other considerations make infeasible this project alternative identified in the Final EIR. A. This alternative would not meet the City of Carlsbad planning and design objectives for the proposed project, which includes the development of an 18-hole municipal golf course. XI. STATEMENT OF OVERRIDING CONSIDERATIONS The Project would have significant, unavoidable impacts on the following areas, described in detail in Section X of these Findings of Fact (Cumulative Significant Effects and Mitigation Measures): - Air Quality (Cumulative) - Traffic (Cumulative) The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. The City has examined a reasonable range of alternatives to the Project. Based on this examination, the City has determined that none of these alternatives both (1) meets Project objectives, and (2) is environmentally preferable to the finally approved Project. As a result, to approve the Project the City must adopt a “statement of overriding considerations” pursuant to CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project’s general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The statement explains why, in the agency’s judgment, the Project’s benefits outweigh the unavoided significant effects. CEQA does not require lead agencies to analyze “beneficial impacts” in an EIR. Rather, EIRs are to focus on potential “significant effects on the environment,” defined to be “adverse”. (Pub. 36 J-- Carlsbad Municipal Golf Course tifR - Findings of Facts Resources Code, Section 21068). The Legislature amended the definition to focus on “adverse” impacts after the California Supreme Court had held that beneficial impacts must also be addressed. (See WildZife Al ive v. Chickering (1976) 18 Cal. 3d 190, 206 [132 Cal.Rptr.3771.) Nevertheless, decision makers benefit from information about Project benefits. These benefits can be cited, if necessary, in a statement of overriding considerations, (See CEQA Guidelines, Section 15093.) The City finds that the Project would have the following substantial social, environmental and economic benefits: 1. The proposed project is consistent with and implements the goals and objectives of the City of Carlsbad General Plan by increasing the recreational opportunities within the City. The proposed project provides a unique recreational opportunity to the City of Carlsbad by providing a municipal golf course, while at the same time providing a compatible mixture of land uses. In addition to the provision of an 18 hole championship length golf course, the project includes non-recreational uses such as a city conference center, planned- industrial/golf related uses, commercial uses, and the relocation of the existing police shooting range. 2. The planned-industrial/golf related and commercial uses proposed as part of the golf course project will provide a revenue base which will provide economic support for the municipal golf course. The provision of these components of the golf course will also facilitate repayment of long-term debt for the site and allow a “buydown” in residential rates. 3. The proposed golf course project is very compatible with the other approved and developed land uses in the area, including the adjacent Carlsbad Ranch and LEGOLAND themepark. The visitor serving nature of many of these projects will cause a natural influx of visitors to the area which will utilize recreational facilities within Carlsbad including the municipal golf course. Other uses of the site, such as the planned industrial/golf related commercial pads, will be compatible with the existing and planned industrial development located within the surrounding industrial park. 4. The proposed project will generate fewer average daily and peak hour trips than the existing planned industrial subdivision for the project site. The previously approved industrial uses for the project site would generate 2 1,600 daily vehicle trips compared with 3,410 for the proposed project. The existing approved industrial uses for the project site would generate 2,380 AM and 2,595 PM peak hour volumes. In comparison, the proposed project will generate 365 AM and 355 PM peak hour trips. The overall impacts to circulation are generally reduced by the proposed project. 5. The proposed project implements the goals of the voter-approved 1989 transient occupancy tax increase to finance the development of a public golf facility. 37 EXHPJT C CARLSBAD MUNICIPAL GOLF COURSE EIR MITIGATION MONITORING PROGRAM PURPOSE OF THE MONITORING PROGRAM The Mitigation Monitoring Program is written in accordance with Section 21081.6 of the Public Resources Code, which was added by Assembly Bill 3 180 and became effective on January 1, 1989. The purpose of the program is to ensure that the mitigation measures required by the Environmental Impact Report (EIR) for the Carlsbad Municipal Golf Course project are properly implemented. The City will monitor the mitigation measures required for development and operation of the Carlsbad Municipal Golf Course project. The Mitigation Monitoring Checklist provides a mechanism for monitoring the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below. MITIGATION MONITORING CHECKLIST The Mitigation Monitoring Checklist is organized by categories of environmental impacts, (e.g., Biological Resources, Air Quality, Archaeology). For each impact area, the impacts identified in the EIR are summarized and the required mitigation measures are listed. The following items are identified for each mitigation measure to ensure proper implementation and to establish a monitoring system: When Applied, Monitoring/Reporting Agency, Monitoring Mechanism, Status and Frequency to Monitor/Report. A description of these items is provided below. When Applied The mitigation measures required for the Carlsbad Municipal Golf Course project will be implemented at various times as development proceeds and during operation. Some measures must be implemented during construction activities, while others must be implemented when the land use is developed and in operation. For each mitigation measure, the implementation schedule is identified as Pre-Construction, During Construction and Post Construction (during operation). Monitoring/Reporting Agency For each mitigation measure, the Monitoring Agency is identified. The monitoring agency is responsible for ensuring that the mitigation measures are properly implemented. City departments charged with community development, resource management, infrastructure and public services are typically assigned monitoring responsibilities. If mitigation measures have been requested by an agency that has jurisdiction by law over some component of the environment, the City can request the agency to prepare a mitigation monitoring program for those mitigation measures. Carlsbad Municipal Final EIR Golf Course City of Carlsbad I June 2000 Monitoring Mechanism (i.e., shown on plans, installed on-site) The Monitoring Mechanism identifies the specific step in the development regulatory process where implementation of the measure will be required. For example, completion of archaeological studies may be required prior to approval of a grading permit. The information in this column tells the Monitoring Agency how specific measures will be incorporated into the development process and when monitoring should occur. Status (verified date/initialed) The Status column of the checklist has been intentionally left blank. City staff will use this column to make notes about the progress made in implementing each measure. Upon full implementation of the measure, the completion date will be entered and initialed. Frequency to Monitor/Report Measures will need to be monitored prior to construction, throughout construction, on completion, during operation, or on violation. The checklist identifies the monitoring frequency for each measure. Reporting fkequency will also vary and will occur once on completion, on violation, or ongoing. The checklist identifies the reporting frequency. HOW TO USE THE MONITORING PROGRAM The EIR for the Carlsbad Municipal Golf Course project identifies a number of mitigation measures to reduce significant environmental impacts. Some of the mitigation measures apply to the entire project site and must be implemented before any development occurs. Other mitigation measures will be implemented during project operations. As a result, the implementation schedule for each measure varies as described in the table. Carlsbad Municipal Final EIR Golf Course City of Carlsbad 2 June 2000 . , 6 Es = .- low z 5 E s n 5 5 0 6 - 0 a m. 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