Loading...
HomeMy WebLinkAbout2000-10-18; Planning Commission; Resolution 48408 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 4840 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO CREATE 6 LOTS WITH GRADING, STREET IMPROVEMENTS AND UTILITIES ON A 1.83 ACRE SITE LOCATED NORTH OF MAGNOLIA AVENUE AND WEST OF VALLEY STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MAGNOLIA GARDENS II CASE NO.: CT 00-05 WHEREAS, SILVERGATE FINANCIAL, INC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by SAM CAITO, “Owner,” described as That portion of Tract 240-5 of Thum lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915. (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 18th day of October 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Mitigated Negative Declaration according 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 to Exhibit “ND” dated July 24, 2000, “PII” dated July 11, 2000, and the Mitigation Monitoring and Reporting Program attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: A. B. C. D. It has reviewed, analyzed and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and The Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RESO NO. 4840 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of October 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Heineman ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: \M I./~~ MICHAEL J. HOtiIL R Planning Director PC RBSO NO. 4840 -3- city of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: North of Magnolia Street and west of Valley Street Project Description: A tentative subdivision map proposing 6 lots greater than 11,000 square feet in area for single family homes with grading, street improvements and utilities for a 1.83 acre site. The entire site is proposed to be graded with 2,960 cubic yards of soil imported from the adjacent property approved for the Magnolia Gardens I project. The project includes completion of improvements for part of a proposed public street approved for the Magnolia Gardens I project that would provide a connection between Magnolia Avenue and Valley Street. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on tile in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on tile in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: JULY 24,200O CASE NO: CT 00-05 CASE NAME: MAGNOLIA GARDENS II PUBLISH DATE: JULY 24.2000 MICHAEL J. HO&MItiER Planning Director I635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) 602-8559 - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 00-05 DATE: Julv 11.2000 BACKGROUND 1. 2. 3. CASE NAME: Mamolia Gardens II APPLICANT: Silveraate Financial. Inc - Attn: Dennis M. Ferdie ADDRESS AND PHONE NUMBER OF APPLICANT: 2505 Conaress Street. Suite 200. San Dieeo, CA92110; (619) 299-5112 4. 5. DATE EIA FORM PART I SUBMITTED: Mav 18.2000 PROJECT DESCRIPTION: A tentative subdivision man monosine. 6 lots ereater than 11,000 souare feet in area for sinale familv homes with aradina. street improvements and utilities for a 1.83 acre site located north of Magnolia Avenue and west of Valley Street. The entire site is pronosed to be graded with 2.960 cubic vards of soil imported from the adjacent uronertv anproved for the Magnolia Gardens I proiect. The proiect includes completion of imurovements for a prouosed oublic street auproved for the Magnolia Gardens I project that would urovide a connection between Maanolia Avenue and Valley Street. The site is currently covered with aaricultural zreenhouses and sheds. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning El Transportation/Circulation Cl Public Services q Population and Housing 0 Biological Resources q Utilities & Service Systems q Geological Problems q Energy & Mineral Resources q Aesthetics q Water IXI Hazards q Cultural Resources [x1 Air Quality 0 Noise q Recreation q Mandatory Findings of Significance Rev. 03128196 DETERMINATION. - (To be completed by the Lead Agency) q Ed cl q q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature 7-/c/- so Date 7/lTlOO Date Rev. 03128196 ENVIRONMENTAL IMPXCTS - STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the paredtheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but fi potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03128/96 . If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03128196 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal: =) b) e) Conflict with general plan designation or zoning? (Source #i(s): (#l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) Affect agriculhlral resources OI operations (e.g. impacts to soils or farmlands, 01 impacts from incompatible landuses? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income 01 minority community)? (#l:Pgs 5.6-l - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly OI indirectly (e.g. through projects in an undeveloped area 01 extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-I - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 b) C) 4 e) 0 9) h) 0 expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-l - 5.1-15) Seismic ground shaking? ((#l:Pgs 5.1-1 - 5.1-15) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-l - 5.1.15) Seiche, tsunami, 01 volcanic hazard? (#l:Pgs 5.1-I - 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, OI till? (#l:Pgs 5.1-1 - 5.1-15) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15) Expansive soils? (#l:Pgs 5.1-I - 5.1-15) Unique geologic 01 physical features? (#l:Pgs 5.1-I - 5.1-15) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (#l:Pgs 5.2-l 5..2- 11) b) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-l - 5..2-11) c) Discharge into surface waters 01 other alteration of surface water quality (e.g. temperature, dissolved oxygen 01 turbidity)? ((#l:Pgs 5.2-l - 5..2-11) q q q q q cl 0 q B q q El q B q q q q q q q q q q q q B q B q q q q q q q q cl q q q q q B cl cl El q 8’ q q q 5 Rev. 03128196 Potentially Significant Impact Potentially Significant UIlkSS Mitigation Incorporated Less Than Significant impact NO Issues (and Supporting Infonna?ion Sources). d) e) f-l 9) h) 0 Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-l - 5..2-11) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-1 - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, 01 through interception of an aquifer by cuts OI excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-l - 5.,2-l 1) Altered direction 01 rate of flow of groundwater? ((#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5.2-11) V. AIR QUALITY. Would the proposal: 4 b) Cl 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l _ 5.3-12) Alter air movement, moisture, 01 temperahue, or cause any change in climate? ((#l:Pgs 5.3-l 5.3-12) Create objectionable odors? ((#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the 4 b) C) 4 e) f-l EG) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-I - 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) InsuffXent parking capacity on-site 01 off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l :Pgs 5.4-l - 5.4-24) q q q q Cl q IXI cl q q El q q q q q q q q q cl q [XI q q [XI q Cl IXI 6 Rev. 03128/96 Potentially Significant 1”lpCt -Potentially Significant U”kSS Mitigation Incorporated q q q q q q q q q 0 q q q q q 0. q Less Than Significanl Impact q q 0 q q cl q q q q cl q cl q q q q : No Impact Issues (and Supporting Infoma?ion Sources). 4 e) VIII. a) b) Cl Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-t - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pes 5.12.1-t - 5.12.1-5 &5.13-l -5.13-g) irse ;on-renewable remurces in a w&id and inefficient manner? (#l:Pgs 5.12.1-l -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral remurce that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 _ 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) 4 Cl 4 e) A risk of accidental explosion or release of hazardous substances (including, but not limited t”: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) Possible interference with a” emergency response plan “I emergency evacuation plan? (#l:Pgs 5.10.1-1 5.10.1-5) The creation of any health hazard or potential health hazards?(#l:Pgs 5.10.1-t - 5.10.1-5) Exposure of people to existing sources of potential healthhazards?(#l:Pgs5.10.1-1 - 5.10.1-5;#2) Increase fne hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-I - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, “r result in a need for new or altered governnxnt services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-l - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-t - 5.12.6-4) c) Schools?(#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#l, pgs 5.12.1-l - 5.12.8-7) e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XILUTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems “I supplies, or substantial alterations t” the following utilities: a) ‘Power or natural gas? (#l:Pgs 5.12.1-t - 5.12.1-5 81 5.13-1 - 5.13-9) 7 Potentially -Potentially Less Than No Significant Significant Significant Impact Impact U”1.S Impact Mitigation Incorporated q q q [xI q Cl q EI q q Cl q q q q q q 0 q El cl q q q q Es4 q q El q q E4 q q [51 cl q Ix1 q cl IXI IXI q q q q [x1 q q [XI q q Lx3 q q IXI Rev. 03128196 b) 4 d) e) 0 &?I XIII. =I b) C) XIV. =I 4 Cl d) e) Issues (and Supporting Inform%ion Sources). Communications systems? (#l; pgs 5.12.1-1 - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-l - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-t 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-I - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic vista or scenic highway? (#l:Pgs 5.11-t -5.11-5) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.11-t 5.11-5) Create light or glare? (#l:Pgs 5.1 l-l - 5.1 l-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5% 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8. 10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10) Restict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) XV.R!ZCREATIONAL. Would the proposal: =) b) XVI. =I Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-l 5.12.8-7) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially YOW”“UlY Signiticanl Impact q q B B q q q q q B q q q q significant Unless Mitigation Incorporated El q El 0 Cl q q q q q q q q q 0 Less Than Significant Impact q q El B q q q q q B q q q q NO Impact Rev. 03/28/96 Issues (and Supporting Inform&m Sources). Potentially -Potentially Less Than No Significant Significant Significant Impact Impact UIllW Impact Mitigation Incorporated b) C) Does the project have impacts that are individually limited, but cumulatively considerable? El cl 00 (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current proiects, and the effects of probable future projects)? - - Does the project have environmental effects which will cause the substantial adverse effects on human beings, cl [XI Cl0 either directly or indirectly? Rev. 03/28/96 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93-01). The MEIR is cited as source #I in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. There will be no additional significant impacts due to this development that were not analyzed in the MEIR. This project is, therefore, within the scope of the prior MEIR and no new environmental document nor Public Resources Code 2 108 1 findings are required. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to this project have been incorporated into this project. 10 Rev. 03128196 - DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTIONlENVIRONMENTAL SETTING The Magnolia Gardens II project is a proposal to demolish the existing greenhouses and sheds on a 1.83 acre site and create 6 lots greater than 11,000 square feet in area for single family homes. The project includes grading of the entire site which consists of 540 cubic yards of cut, 3,500 cubic yards of till and 2,960 cubic yards of import from the adjacent site of the approved Magnolia Gardens I (CT 98-12) project. Completion of improvements for a public street approved as part of the Magnolia Gardens I project that will make a connection between Magnolia Avenue and Valley Street are included in the proposal, The project site is located north of Magnolia Avenue and west of Valley Street within Local Facilities Management Zone 1. The project site is designated as RLM (Residential Low-Medium Density) on the General Plan Land Use Map. The zoning for the site is R-l (Single Family Residential) having a minimum lot area of 7,500 square feet. 11 Rev. 03/28/96 II. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion V. a) Air Quaiity The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concunent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have been incorporated into the design of the project. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of subsequent projects 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 by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when 12 Rev. 03128196 adopted. The diversion of regional through-traffic from a failingInterstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. 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 “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an ElR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. IX. d) Hazards Master Environmental Impact Report 93-01 prepared for the General Plan Update requires that a soils testing report be prepared by a registered engineer and submitted to the County Health Department for review and approval where residential development is proposed in areas that are presently or have previously been used for agricultural production. Chemical residue may exist in soil and affect the health of future residents. The project site has been occupied by greenhouses. The required soils testing has been completed and a report submitted to the County Department of Environmental Health Land and Water Quality Division. The report and the mitigation measure proposed by the testing firm Geosoils Inc. has been accepted by County Environmental Health. Therefore, the following mitigation measure shall be implemented to reduce impacts related to hazardous materials to less than significant: 1. Remedial earthwork is proposed for the Toxaphene contaminated soil. The contaminated soil shall be placed under the proposed roadway and not within 10 feet of finish pad grades. The soil shall be buried at least five feet to mitigate the potential for human contact. Geosoils, Inc. or another Registered Environmental Assessor is required to submit a certification letter to the County Department of Environmental Health Services verifying that the contaminated soil was placed under the proposed roadway according to the criteria listed in the March 15, 1999 limited site assessment report. A copy of the required certification letter shall be submitted to the Planning Department prior to the issuance of the first building permit for a dwelling unit. 13 Rev. 03128196 III. EARLIER ANAL-SES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental lmnact Reuort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. Limited Phase I Environmental Site Assessment and Amicultural Chemical Residue Survev. Magnolia Gardens Development, dated March 15, 1999, Geosoils, Inc. and the April 4,200O Addendum. 14 Rev. 03/28/96 LIST OF MITIGATING MEASURES 1. Remedial earthwork is proposed for the Toxaphene contaminated soil. The contaminated soil shall be placed under the proposed roadway and not within 10 feet of finish pad grades. The soil shall be buried at least five feet to mitigate the potential for human contact. Geosoils, Inc. or another Registered Environmental Assessor is required to submit a certification letter to the County Department of Environmental Health Services verifying that the contaminated soil was placed under the proposed roadway according to the criteria listed in the March 15, 1999 limited site assessment report. A copy of the required certification letter shall be submitted to the Planning Department prior to the issuance of the first building permit for a dwelling unit. . . ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 15 Rev. 03128196 AF’PLICANT CONCURdENCE WITH MITIGATION MEA.%@- THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature ’ / I 16 Rev. 03/28/96 ENVIRONMENTAL Ml1 -ATtON MONITORING CHECKLIS --age 1 of 1