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HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT, EIR 98-07, FOR THE VILLAGES OF LA COSTA MASTER PLAN (MP 98-01) AND RELATED APPLICATIONS, RECOMMENDING APPROVAL OF A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH AND EAST OF LA COSTA AVENUE, AND STRADDLING PORTIONS OF RANCH0 SANTA FE ROAD IN THE SOUTHEAST QUADRANT WITHIN LOCAL FACILITIES MANAGEMENT ZONES 10 AND 11. CASE NAME: VILLAGES OF LA COSTA CASE NO.: EIR 98-07 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as See Exhibit “EIR-A”, attached hereto and incorporated by this reference. (“the Property”); and WHEREAS, a Program Environmental Impact Report (EIR) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 29th day of August 2001 and on the 5th day of September 2001 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 Program EIR, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Program EIR. 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 as follows: 4 B) Cl D) Findings: That the foregoing recitations are true and correct. That the Final Program Environmental Impact Report consists of the Final Environmental Impact Report, EIR 98-07, dated July 16, 2001, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing 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 98-07, as so amended and evaluated is recommended for acceptance and certification 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 Planning Commission hereby RECOMMENDS CERTIFICATION of the Program Environmental Impact Report, EIR 98-07; RECOMMENDS APPROVAL of the Candidate Findings of Fact (LLCEQA Findings”), attached hereto marked Exhibit “EIR-B” and incorporated by this reference; RECOMMENDS APPROVAL of the Statement of Overriding Considerations (“Statement”), attached hereto marked Exhibit “EIR-B” and incorporated by this reference; and RECOMMENDS APPROVAL of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto marked Exhibit “EIR-C” and incorporated by this reference; based on the following findings and subject to the following conditions: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Program EIR 98-07, 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 Program EIR 98-07, 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 6EIR-B” and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “EIR-C”, prior to RECOMMENDING APPROVAL of this project. PC RESO NO. 5010 -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. The Planning Commission finds that Final Program EIR 98-07 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit “EIR-BY’), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 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 CEQA Findings and the Program. Although certain significant or potentially significant environmental effects caused by the project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. The Record of Proceedings for this project consists of 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 decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the EIR and the Addendum thereto on the project; minutes of all public meetings and public hearings; 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 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of Planning. Conditions: 1. The Developer shall implement the mitigation measures described in Exhibit “EIR- C”, the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Villages of La Costa Master Plan Project. . . . . . . . . . . . . PC RESO NO. 5010 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of September 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: 3 CARLSBkD PLANNING COMMISSION ATTEST: MICHAEL J. H?kZMrLER Planning Director PC RESO NO. 5010 -4- EXHIBIT “EN3-A” LEGAL DESCRIPTION LACOSTA-NORTHWEST The Greens PARCEL 3 OF PARCEL, h4AP NO. 1188. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORN’h FILED Dd THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20,1972 AS FILE NO. 340334 OF OFFICL4L RECORDS TOGET’HER WITH THAT PORTION DESCRIBED AS PARCEL ‘A” IN , DEED TO LA COSTA LAND COMPANY, FILED IN THE OFFICE OF TKE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7,1973 AS FILE NO. 73-245058 OF OFFICIAL RECORDS TOGETHER WITH A PORTION OF PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COuN?“y RECORDER OF SAN DIEGO COUNTY, AUGUST 16,1984 AS FILE NO. 84-031333 OF OFFICIAL RECORDS TOGETHER WITH A PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. mm.601 WAclkllu~~.w LEGAL DESCRJFTION LA COSTA-SOUTHEAST II The Oaks THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNLA COUNTY OF SAN DIEGO. AND IS DESCRIBED AS FOLlaOWS: PARCEL x: LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCH0 LAS ENCINITAS, IN THE CT’TY OF CARLSBAD. COUNTY OF SAN DIEGG, STATE OF CALIFORNIA. ACCORDING To MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN-IY. JUNE 27.1898. EXCEPTING THEREFROM THAT FORTION LYING WITHIN CARLSBAD -IR4CT NO. 75-9(B) UNIT NO. 2 IN THE CR-Y OF C-BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL~, ACCORDING TO MAP THEREOF NO. 9959. FLED IN THE 0mcE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31.1980 AND THAT PORTION LYING SOWRLY AND SO UIHWESERLY OFTHE SOlXHERLY BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT WRTION LYING WITHIN PARCEL MAP NO. 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RJ33XDER OF SAN DIEGO COUNTY, mOBER 25.1984 AS FILE NO. 84303293 OF OmCIAL RECORDS. AND THAT PORTION THEREOF LYING SOUTHERLY OFTHE SOUTHERLY BOUNDARY THEREOF. ALSO IiXCEITlNG THEREFROM THAT PORTION LYING NOR- Y OF THE FOLLOWING DESCRIBED Lm BEGINNING AT THE MOST EASTERLY -lFRMRWS OF THE CENTERLINE OF IA COSTA AVENUE AS SHOWN ON ~~INBEFORE MENTIONED PARCEL MAP NO. 13524; THENCE NORTH 55”oo’OO” EAST 200.89 m To THE BEGINNING OF A 1ooO.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE NORTHERLY LINE OF HEREINBEFORE MENTIONED LOT 5 OF RANCH0 LAS ENCINTTAS. AFFECTS PARCEL NOS. 223-060-15.223-06049 AND 264-222-03. THE WEST HALF OF SECTION 32 AND THE EAST HALF OF SECnoN 31. ALL BEING IN TOWNSHIP 12 SOUTH FuNGE 3 WEST. SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OmCIAL PLAT THEREOF. ALL BEING IN THE Cl-IY OF CARLSBAD. COUNl-Y,OF SAN DIEGO. STATE OF CALIFORNIA EXCEF’TTNG THEREFROM THAT PORTION OF THE EAST HALF OF SAID SECTION 31, ALL THAT PORTION THEREOF LYING NORTHWESTERLY OF THE SO VY BOUNDARY OF CARLSBAD TbiCT NO. Z-20 f--LA COSTA VALE) UNIT NO. 3. IN THE CITY OF C.4.RLSBAD. COTrNN OF SAN DLEGO. STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE On-ICE OF THE COUNTY RECORDER OF SAN DIEGG COUNTY, JUNE 3.1974. PAGE 1 ORDER NO. 1126?t24-I X ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYfNG NOR-Y OF THE FOLLOWING DESCRIBED LINE: BEGLNNTNG AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SAID SECTION 32 THENCE SOUTH 89‘33’42” EAST ALONG THE NORTH LINE OF SAID WEST ONE HALF. 268953 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH OO”36’38” WEST ALONG THE EAST LINE OF SAID WEST ONE HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELEclRlC COMPANY m IN BOOK 5208, PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE. NORTH 64’13’23” WEST 7’36 43 71. FEET; THENCE SOUTH 72”08’00” WEST. 65.20 FE33 TO A POINT ON A LINE SAID LINE BEING 45.00 FEET SO UMWESIERLY. MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00 FOOT SAN DIEGO GAS AND EECTRIC COMPANY EASEMENT; THENCE NORTH 64”1323” WEST ALONG SAID PARALLEL LINE 1583.36 m TO A FOINT ON THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950; THENCE CONTINUING ALONG SAID PAR4LLEL LINE NORTH 64”13’23” WEST TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 31. SAID INl-ERSECnON BEING THE POINT OFTERMINUS. ALSO EXCEITNG THEREFROM ALL THAT PORTION THEREOF LYING SO-Y OF THE FOLLOWING LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID CARLSBAD TRACT NO. 72-20 AS SHOWN ON MAP NO. 7950, SAID CORNER BEING A POWT ON THE ARC OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE. CONCAVE SOUTHEA!XERLY. A RADlAL TO SAID POINT BEARS NORTH 51”54’08” WEST; THENCE CONTINUING ALONG THE S0uIlSS-E R&Y BOUNDARY LINE OF CARLSBAD TRACT NO. 72-20. THE FOLLOWING COURSES: IWU-HERLY ALONG 7-E ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14’34’46” A DISTANCE OF 312.99 FEET. NORTH 38”50’03” EAST, 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE. CONCAVE SO UTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENI-IUL ANGLE OF 7”19’57” A DISTANCE OF 189.40 m, THENCE NORTH 46°10’OO” EAST, 1057.78 FEET TO THE TRUE FOINT OF BEGINNING; THENCE LEbVING SAID SOUI-HEASTERLY BOUNDARY LINE SOUTH 43”50’00” EAST, 1685.42 FEET; THENCE SOUTH 53O39’32” EAST, 42.00 FEET TO A FOINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 53”39’32” EAST: THENCE SOUI-HWESTERLY ALONG SAID CURVE TO THE INTERSECTION WITH THE souI?IERLY LINE OF SAID SECTION 3 1. SAID INTERSECTION BEING THE POINT- OF TERMINUS. ALSO EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 16. 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS, LYING WITHIN THOSE PORTIONS DESCRIBED AS FOLLOWS: PARCEL 66398-k THAT PORTION OF SECTION 31. TOWNSHJP 12 SOUTH, RANGE 3 WEST. SAN BERNARDINO BASE AND MERIDIAN, LYING WITHIN A STRTF OF LAND 60 FEEI- WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN-IERLINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO. 454, A PLAT OF WHlCH IS ON FBZ IN THE OFFICE OF THE COUNTY ENGINEER WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER BEING DISTANT ALONG SAID NORTH LINE 721.98 FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER SAID POINT BEING ENGINEERS STATION 194 PLUS 74.85, FOINT PAGE 2 ORDER NO. lI26324-1X ON A 1000 FOOT R%DlUS CURVE CONCAVE EASTERLY ON SAD CENER LINE; THENCE ALONG SAID CENlER LINE As FOLLOWS: SOUTHERLY ALONG SAID 1000 FOOT RADIUS CURVE 36.54 FEET AND TANGENT TO SAID CURVE S0Ul-H 7’9 EAST, 12.41 FDZr TO THE TRUE POINT OF BEGINNING AND THE BEGlNNTNG OF A 1200 FOOT RADIUS CURVE, THE CENIER OF WHICH BEARS SOUTH 82”38’ WEST FROM SAID POINT; THENCE LEAVING SAID CENl’ER LINE SOIJTHWESIERLY ALONG SAID CURVE THROUGH A CENTUL ANGLE OF 71”50’. A DISTANCE OF 1504.47 FEET TO ENGINEER’S STATION 210 PLUS 87.12 POINT OF TERMINATION ON THE -LINE OF SAID ROAD SURVEY NO. 454. PARCEL 66398-B: ‘I-HAT PORTION OF SAID SOUlHEAST QUARTER LYING SOUiHERL Y OF PARCEL 66398-A HEREINABOVE DESCRIBED, AND NORTHERLY OF SAID ROAD SURVEY NO. 454. ALSO EX-G THEREFROM THAT PORTION CONVEYED TO MAG PROPER’TlES. A CAIJFORNIA GENERAL PARTNERSHIP. BY DEED RECORDED FEBRUARY 1, 1990 AS FILE NO. 90-057460 OF OFFICIAL RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 3 ORDER NO. 1126324-11 THAT PORTION OF SECTION 31. TOWNSHIP 12 SOUTH, RANGE 3 WEST. SAN BERNARDINO MERIDIAN. IN T’HE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 494 OF MAP NO. 7950. ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LJNE OF RANCH0 SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7950; THENCE SOUI’H 31”00’00” WEST, 46.04 FEET; THENCE SOUTH 59”00’00” EAST. 71.00FlXTTOAPOINTONTHE EASTERLY BOUNDARY LLNE OF SALD MAP SAID POINT BEING ON A NON-TANGENT 1520.00 FOOT RADIUS CURVE, CONCAVE NORTHWEST@LY; THENCE SOUI-HWESTERLY ALONG THE ARC OF SAID CURVE AND SAID BOUNDARY LINE THROUGH A CENTRAL ANGLE OF 9’19’02”, A DISTANCE OF 247.18 FEET TO THE TRUE POINT OF BEGINNING. SAID POINT BEING ON A NON-TANGENT 700.00 FOOT RADIUS REVERSING CURVE, CONCAVE E4STERLY; A RADL4L LINE TO SAID POINT BEARS NORTH 7326’32” =; THENCE SOUTHERLY ALONG THE ARC OF SAID 700.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 26°43’55”, A DISTANCE OF 326.59 FEET; THENCE SOUTH 10”1027” EAST. 474.67 FEEl- TO A POINT ON A NON-TANGENT 2400.00 FOOT RADIUS CURE CONCAVE NORTHWESTERLY; THENCE NORTHEASIE RLY ALONG THE ARC OF SAXD CURVE THROUGH A CENTk4L ANGLE OF 15’24’49”. A DISTANCE OF 645.64 FEET TO A POINT ON A NON-TANm 1170.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID POINT BEARS SOUTH 31”17’17” EAST; THENCE SOB y j,JJJNG THE ARC OF SAID 1170.00 CURVE THROUGH A CENTR4L ANGLE OF 6”14’41”, A DISTANCE OF 12752 FEET; THENCE S0UI-H 25=02’36” EAST, 60.00 FEEI- TO A POINT ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25’0236” -ST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGIE OF 2?45’14”, A DISTANCE OF 488.47 FEET TO A POINT ON A NON-TANGENT 2400.00 h%DIus CURVE, CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID POINT BEARS SOUTH 33”56’33” EXX THENCE NORTHEASTERLY ALONG THE ARC OF SAID 2400.00 FOOT RADIUS CURVE THROUGH A CENTR4L ANGLE OF 7°35’06*. A DISTANCE OF 317.72 FEET; THENCE s0IXl-l 41°31’39” EAST, 63.00 FEET; THENCE SOW &t4”50’32” EAST, 265.09 FEFT: THENCE SOUI-H 28”21?7” WEST, 501.00 FEET; THENCE SOUTH 31”16’32” EAST 62.63 FEET TO A POINT ON A NON-TANGENT 700.00 FOOT RADIUS CURVE CONCAVE SOUFHEASTERLY; THENCE SOUI-HWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30”22’01”. A ‘DISTANCE OF 371.00 FEET; THENCE SOm 28”21’27” WEST, 470.00 FEEI. TO THE BEGINNTNG OF A 1000.00 FOOT R4DIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUHWESIERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7”59’01”. A DISTANCE OF 139.34 FEET; THENCE NORTH 53”39’32” WEST. 42.00 FEET; THENCE bKXU”H 43”50’00” WEST, 1685.42 FEFT; THENCE NORTH 46°10’oO” EAST, 46558 FEET TO THE BEGINNING OF A TANGENT 1520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5”50’58”. A DISTANCE OF 155.18 FEET. TO THE TRUE pOIN’T OF BEGINNING. AFFECB PARCEL NOS. 223-050-67 AND 223-050-69; 223-071-05 AND 223-071-07. PARCEL BB: THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO COUNTY ASSESSOR’S MAPS BEING PARCELS 223-05051.223-050-52 X%050-53.223-05054,223-050-59,2Z& 050-65 AND 223-071-09 LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: -~-H.A-I- PORTION OF THE WEST HALF OF SECTION 32; AND THE NORTH HALF OF SECTION 31; AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING PAGE 4 ORDER NO. 1126324-l 1 IN TOWNSHIP 12 SOUlH. RANGE 3 WEST; TOGElMS WITH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36. IN TOWNSHIP 12 SOIXH, RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFIQAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINMING AT THE NORTHWEST CORNER OF SAID WEST HALF THENCE S0UI-H 89”53’42” EAST ALONG THE NORTH LINE OF SAID WEST HALF. 268953 FEEZT TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH oo”36’38” WEST ALONG THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON THE SOB Y RIGHT OF WAY LINE OF A 200.00 FOOT SAN DlEGO GAS AND ELECTRIC EASWIENT, RECORDED APRIL 19. 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID EAST LINEANDALONGSADESEMENT LINE, NORTH 64”13’23” WEST, 2226.43 FEET; THENCE SOUTH 72”08’OO” WEST, 6520 FEET TO A POINT ON A LINE SAID LINE BEING 45.00 = SOEHWESTERLY MEASURED AT RIGHT’ ANGLES AND PA&iUEL WnH SAID SOUTHWESTERLY RIGHT’ OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELEtX’RIC COMPANY EASEMENT; THENCE NORTH 64’1323” WEST ALONG SAXD PAR4LIEL LINE 1583.36 FEEI’TOAPOINTONTHESO- Y BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALLFORNLA ACCORDING TO MAP THEREOF NO. 7950. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JU?4E 3,1974: THENCE NORTH 31VO’OO” EAST ALONG SAID BOUNDARY LINE 45.19 FEET.TO THE NORTHEAST CORNER OF SAID MA?’ NO. 7950; THENCE NORTH 64”13’93” WEJ?I- ALONG THE NOR- Y BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEFT; THENCE SOUTH 43D30’00” WEST 47759 FEET TO THE BEGINNING OF A NON- TANGENT 1720.00 FOOT RADIUS CURVE, CONCAVE NOR- Y. A WLAL LINE TO SAID POLNI’ BEARS SOUTH 43a30’00” WEST; THENCE NOR- Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°50’OO” A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 43O40’ WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NOR- Y. WERERLY AND so-!jTl%LY ALONG SAID CURVE THROUGH A CENTR4L ,WGE OF %050’00”’ A DISTANCE OF 768.98 FEET; THENCE TANGENT TO SAID CURVE SOKIH 39”30’00” WEST- 15351 FEEI- TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE CONCAVE SOLKHEASTERLY; THENCE SOUI-HWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGIE OF 08’59’38” A DISTANCE OF 122.44 FEET TO A POKNT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2, IN THE CITY OF CARI.SBAD. COUNTY OF SAN DIEGO. STATE OF CALTFORNIA ACCORDING TO MAP THEREOF NO. 7779, FBED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26. 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON- TANGENT TO SAID CURVE NORTH 71”OO’OO” WEST 269.16 FEFT; THENCE NORTH 44ooo’Otl” %‘EST 965.00 FEET; THENCE NORTH 71O1323” WEST 276.62 m, THENCE SOUTH 77”46’50” WEST 29025 FEET; THENCE NORTH 59?iO’OO” WEST 121.23 FEJ3; THENCE S0UI-H 83”40’00” JEST 11459 FEET; THENCE SOUTH 14°40’o” WEST 230.00 FEET; THENCE SOUTH 28’20’30” %‘E!R 436.00 FEFf: THENCE SOUTH 18”27’30” EAST 218.11 FEEI-; THENCE SOUTH 259328” WEST 165.00 FEFT; THENCE NORTH 64”56’32” WEST 300.00 FEET; THENCE SOUTH OO”24’13” WEST 110.03 FEET’ TO THE INTERSECTIONWITHTHESO~XEFUYLINEOFTHAT CERTAIN 100.00 FOOT EASEMENT TO SAN DIEGO GAS AND ELECIRJC COMPANY, FILED IN THE OFFlCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,1954 IN BOOK 5208, PAGE 403 OF OmCLAL RECORDS; THENCE LEAVING SAID BOUNDARY OF SAID MAP NO. 7779 AND ALONC THE SO-Y BOUNDARY OF SAID EASEMENT NORTH 64”5632” WEST TO THE MOST SOUTHERL Y CORNER OF CARLSBAD mCr NO. 75-4 (LA COSTA ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNh ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DJEGO COUNTY, MAY 5. 1976; THENCE LEAVING SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NORTH 25°03ZS" E&r 100.00 FEET; THENCE NORTH 03002'10" WEST 495.00 FEET;THENCE NORTH 20"25'10" EAST 280.00 FEET; THENCE NORTH PAGE5 ORDER NO. ll26324-11 OS”30’00” WEST 130.00 FEET; THENCE NORTH 36’55’10” EAST 345.00 FEET; THENCE NORTH 52”15’00” EAST 160.00 FEET TO A POINT IN THE BOUNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CAIUSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DlEGO COUNIY, JUNE 27.1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS; THENCE IE4VING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUI-H 26”58’00” EAST 346.13 FEtT; THENCE NORTH 89”43’11” EAST 880.46 m; THENCE SOUI’H 42”13’10” EA!?I- 281.25 =; THENCE SOUTH 49%‘54” EAST 170.00 FEET; THENCE SOUTH 42”42’30” EAST 530.00 FEET; THENCE NORTH 66??4’35” EAST 17450 FEET; THENCE NORTH 89°5820* EAX 145.00 =; THENCE NORTH 34”29’10” EAST 30950 FEET; THENCE SOUTH 74ooO21” EAST 14550 FEET; THENCE NORTH 4102700” EAST 11350 FEET; THENCE SOUTH 85V4’40” EAST 271.00 FEET; THENCE NORTH 31”57’15” EAST 330.00 FEET; THENCE NORTH 47?5’05” EAST 129.10 FEIX TO THE INTERSECl-ION WITH THE NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89’43’11” EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGEIHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DlEGO, STATE OF CALIFORNIA ACCORDING TO THE 0FFICLA.L PLAT THEREOF LYING SOUlHEASlERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 8302. EXCEPT THEREFROM THAT PORTION OF THE NORTHWZiT QUARTER OF SECTION 32 TOWNSHIP 12 S0UI-I-I RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUAIt= S0lJl-H o”36’31” WE=. 950.65 FEET; THENCE SOUTH 31”28’50” WEST. 341.61 FEET; THENCE SOW-H 58”42’49” WEST. 456.37 FEET; THENCE NORTH 76”12’27” WEST 230.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0’36’31” EAST, 77.00 FEET; THENCE NORTH 89’23’29” WEST. 350.00 FEEI’; THENCE SOUTH o”36’31” WEST. 265.00 FEET; THENCE SOUTH 46O28’07” EAST, 68.28 FEEI-; THENCE SOUTH SS”28’26” EAST 34.95 FEET; THENCE SOUITl 67”1026” EAST. 76.69 FEET; THENCE SOUTH 89’2329” EAST, 110.00 FEET; THENCE NORTH 78V4’47” EAST. 92.20 FEEI TO A LINE WHICH BEARS SOUTH O”36’31” WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE. NORTH O”363 1 1( EAST. 263.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY HALF OF SECTION 32 TOWNSHIP 12 SOUI-H. RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTlON 32; THENCE ALONG THE NORTH LINE THEREOF SOUTH 89”53’42” EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE SOUIX 0”06’18” WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89”53’42” EAST, 23757 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE CONCAVE SOUI-HERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36OO3’42*, A DISTANCE OF 295.82 m THENCE TANGENT TO SAID CURVE SOUTH 53”50’00” EAST, 386.84 FEFf; THENCE SOUTH 35024’00” WEST. 30.75 FEET; THENCE SOUTH 63’42’00” EAST, 424.18 m, THENCE SOUTH 76°40’oO” EAL i, 28830 m;7; THENCE SOUTH OOW’OO” WEST, 81.00 FEET; THENCE SOUTH 72’49’00” WEST, 288.60 FEET; THENCE NORTH 89”32’30” WEST, 628.00 FEET; THENCE SOUIH 87°08’00” WEST. 618.80 FEET; THENCE NORTH 47°36’00* WEST, 187.00 FEET; THENCE NORTH 2”5600” EAST, 16620 FEET; THENCE NORTH 20”05’30” EAST, 530.37 FEET TO THE TRUE POINT OF BEGINNING. PAGE 6 ORDER NO. 1126324-l 1 ALSOEXCEPTING THEREFROM THAT PORTION OF SECT-ION 31, TOWNSHIP 12 SOUTH. RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGQ COUNTY, STATE OF CALIFORNIA BEING THE SOUTHEAST CORNER OF SECl-ION 30 AS SHOWN ON SAID PARCEL MAP THENCE SOUTH 89”43’11” WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19 FEEI’ TO A POINT ON THE SOUTHEXXERLY RIGHT’ OF WAY LINE OF ROAD SURVEY NO. 454. ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTYi THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH 31”32’16” WEST 247.14 FEEI- TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID RIGHT OF WAY LLNE NORTH 89’43’11” EAST. 145.34 FEET TO A POINT ON THE NOR-Y RIGHT OF WAY LINE OF PROPOSED RANCH0 SANTA FE DRIVE; THENCE ALONG SAID NOR -Y RIGKI- OF WAY LINE SOa 12??2’42” WEST. 2251 FElX TO THE BEGINMNG OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SO-Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7’17’27” A DISTANCE OF 144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69”oo’CV WEST, 172.47 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 31O32’16” EAST, 11550 FEET’ TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-071-09,223-050-51.223-050-52 223X)50-53.223-05Cb54, 223-05b59.723- 05065. NOTEz THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE ~~~I?S. AS A CONVENTEN CE TO OUR CUSTOMERS. THEREFORE, IT’ IS IMPORTANT THAT THIS DESCRIF’TION NOT BE INCLUDED IN ANY CONVEYANCES, AS lT IS NOT INSURABLE. PARCEL cc: THEWESTHALFOFTHESOUTHWEST QUARTER OF SECTION 29. TOWNSHIP 12 S0UI-H. RANGE 3 WEST, SAN BERNARDINO MERIDLAN. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAIJFORNlA ACCORDING TO OFFKIAL PLAT THEREOF. AFFECIT’S PARCEL NOS. 223-01 l-02 223-01 l-03,223-032-01 AND 223432-02. THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO C0UNI.Y ASSESSORS MAPS BEING PARCELS 223-0114, 223-011-S. 223-0116, 223-021-g AND 223-011-11 LYTNG WITHJN THE FOLLOWING DESCRIBED PROPERTY: PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARISBAD. COUNTY OF SAN DLEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17.1980 As FILE NO. 80-204502 OF OFFICIAL RECORDS. TOGETHER WlTH THAT FORTION DELINEATED AND DESIGNATED “NOT A PART ON SAID PARCELMAP. EXCEPTING THEREFROM THAT FORTION LYING WITHIN CARLSBAD TRACT NO. 79-25(B) UNIT NO. 1, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PAGE 7 ORDER NO. 1X26324-11 ACCORDING TO h4AP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNIY RECORDER OF SAN DIEGO COUNTY, OCTOBER20.1981. ALSO EXCEPTING THEREFROM THOSE KIRTIONS LYING WITHIN CARLSBAD TRACT NO. 79- 25(B) PHASE VI. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALLFORNIA. ACCORDING TO MAP THEREOF NO. 10820, FiLED IN THE OFFICE OF THE COUNIY RECORDER OF SAN DIEGO COUNTY, JANUARY 13,1984. AND CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARISBAD, COUNIY OF SAN DIEGO. STATE OF CALTFORMA. ACCORDING TO MAP THEREOF NO. 11241. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DlEGG COUNTI. MAY 22 1985. ALSO EXCEFITNG THEREFROM THAT PORTION LYING WTIHtN RECORD OF SURVEY NO. 9182 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28.1982 AS FILE NO. 82-332144 OF OFFICIAL RECORDS. ALSO EXCETTING THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING NORTHEASTERLY OFTHE CENIERLWE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO cow, APRIL 7.1966 AS FILE NO. 58549 OF OFFICIAL RECORDS. ALSO EXCEITING THEREFROM THAT PORTlON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS. UNTI’ NO. z ACCORDING TO MAP NO. 6095 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAlD SOW-HEM CORNER BEING A POINT ON THE SO-Y RIGHT-OF- WAY OF EL FLIER-I-E STREET AS SHOWN ON SAID MAP NO, 6905; THENCE NORTH 68’13’07” EAST 1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68”ol’lo” EAST 9951 FEET; THENCE SOUIH SlO54’40” EAST 141.03 FEET; THENCE SOUTH 22”5225” WEST 191.85 FEET; THENCE SOUTH 57’=13’00” WEST 73.07 FEEX; THENCE NORTH 83V6QO” WEST 185.97 FEET; THENCE NORTH 34”25’48” WEST 144.00 FEZ; THENCE NORTH 5S034’12* EAST 100.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESIERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33’35’22” A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCELNOS. 223-011-04.223-011-05.223-011-06; 223-021-08.223-021-11. NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE USURERS. AS A CONVENJEN CE TO OUR CUSTOMERS. THEREFORE IT IS IMPORTANT THAT THIS DESCRIl’TlON NOT BE INCLUDED IN ANY CONVEYANCES. AS IT IS NOT INSURABLE. PAGE 8 LEGAL DESCRIPTION LA COSTA - RANCHEROS The Ridge THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE COUNTY OF SAN DIEGO ASSESSOR’S MAPS BEING 223-05043, 22345049 AND 7ZZ3-010-31 AND LYING WITHIN THE . FOLLOWING DESCRIBED PROPERTY: PARCEL BB: THAT PORTION OF THE WEST HALF OF SECTION 32; AND THE NORTH HALF OF SECTION 31; AND THE SOUT-HWEST QUARTER OF THE SOUTHWEST QUARTER OF SECI-ION 30. ALL BEING IN TOWNSHIP 12 S0UI-f-L RANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECi-ION 36, IN TOWNSHIP 12 SOW RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE Omclp,L PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUR-I 89”53’42” EAST ALONG THE NORTH LINE OF SAID WEST HALF, 268953 FEEI- TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH oo”36’38” WEST ALONG THE EAST LINE OF SAID WEsT HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESIERLY RIGHT OF WAY LLNE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC EASEMENT, RECORD APRIL 19. 1954 IN BOOK 5208. PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LmVING SAID EAsT LINE AND ALONG SAID EASEMENT LINE, NORTH 64’1323” WEST, 2226.43 FEBT; THENCE SOUI-H 72”08’00” WEST, 65.20 FEE TO A POINT ON A LINE. SAID LINE, BEING 45.00. - SOUIHWESTERLY MEASURED AT RIGHT ANGLES AND PARALLIl, WITH SAID SO-=RLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64”13’23” WEST ALONG SAID PARALLU. LINE, 158336 FEFTTOAPOINTONTHESO~ Y BOUNDARY LINE OFLA COSTA VALE UNIT NO. 3. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 7950. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CouNl-Y, JUNE 3. 1974: THENCE NORTH 31”oo’OO” EAST ALONG SAID BOUNDARY LB’& 45.19 FEET TO THE NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64°1323’ ‘= ALONG THE NOR- Y BOUNDARY LINE OF SAID MAP NO. 7950. A DISTANCE OF 1326.91 FEFT; THENCE SOUI-H 43=‘30’00” WEST 47759 FEET TO THE BEGINNING OF A NON- .TANGENT 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHEASIERLY. A RADIAL LINE TO SAID POINT BEARS SOUTH 43”3(rOO” WEST; THENCE NORTHWESIE RLY ALoNG SAID CURVE THROUGH A CENTRAL ANGLE OF 02”SO’OO” A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 43’40’ WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOGT FUDIUS CURVE, CONCAVE SOUTHERLY; THENCE NOR-Y, WESTERLY AND SomsIzRLY ALONG SAlD CURVE THROUGH A EN’T%% ,QJGLE OF %‘50’00” A DISTANCE OF 768.98 FER; THENCE TANGENT TO SAID CURVE SOUI-H 39”30’00” WEST 15351 FEET TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE CONCAVE SO-Y; THENCE SOUIHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08”59’38” A DISTANCE OF 122.44 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. m9, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON- TANGENT TO SAID CURVE NORTH 71”00’00” WEST 269.16 FEET; THENCE NORTH 44”oIT(iXJ” WEST 965.00 FEET; THENCE NORTH 71’13’23” WEST 276.62 FEET; THENCE SOUTH 7?46’s WEST 29025 FEEr; THENCE NORTH 59”SO’OO” WEST 121.23 FDX; THENCE SOUTH 83”40’00” WER 114.59 FEET; THENCE SOUTH 14°40’oo” WEST 230.00 FEET; ‘THENCE SOUIH 28020’30 WESl- 436.00 FEET; THENCE SOUTH 18O2730” EAST 218.11 FEFT; THENCE SOUTH 2500328” WEST 165.00 FEET; THENCE NORTH 64”56’32” WEST 300.00 m, THENCE SOUTH 00?24’13” WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUIHWESlERLY LINE OF THAT CERTAIN 100.00 FOOT EXEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY, FILED JN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGG COUNTY, APRIL 19.1954 IN BOOK 5208, PAGE 403 OF OFFICLAL RECORDS; THENCE LEAVING SAID ‘BOUNDARY OF SATD MAP NO. 7779 AND ALONG THE SO BY BOUNDARY OF SAID EASEMENT NORTH 64°56’32” WEST TO THE MOST SO UIHERLY CORNER OF CARLSBAD TRACT’ NO. 754 (LA COSTA ESTATES NORTHJ IN THE Cl-IY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF GUFCRNIA ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5. 1976; THENCE LEAVING SAID EASEMENT~ALONG THE EASTERLY BOUNDARY THEREOF NORTH 25OO3’28” EAST 100.00 FEET; THENCE NORTH 03”02’10” WEST 495.00 FEET; THENCE NORTH 20%‘10” EAST 280.00 FEET; THENCE NORTH 05”30’00” WEST 130.00 FEET; THENCE NORTH 36”55’10” EAST 345.00 FEFT; THENCE NORTH 52”lS’OO” EAST 160.00 FEET TO A POINT IN THE,BOUNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FBED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27.1980 AS FBE NO. 8@204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUI-HERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26”58’00” EAST 346.13 FEET; THENCE NORTH 89O43’11” EAST 880.46 FEFT; THENCE SOUTH 42”13’10” EAST 281.25 FEET-i THENCE SOUTH 49”46’54” EAST 170.00 FEET; THENCE SOUTH 42’4230” EAS 530.00 FEEC THENCE NORTH 66”24’35” EAST 174.50 FEFT; THENCE NORTH 89’5820” EAST 145.00 FEETi THENCE NORTH 34029’10” EAST 30950 FEET; THENCE SOUTH 74ooO21” EAST 14550 FEET; THENCE NORTH 41V’OO” EAST 113.50 FEFT; THENCE SOUI’H 85’44’40” EAST 271.00 FEET; THENCE NORTH 31”5715” EAST 330.00 FEFT; THENCE NORTH 47”25’05” EAST 129.10 FEBT TO THE INTERSECI-ION WITH THE NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89”43’11” EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WFI-H THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF CAUK)RNk ACCORDING TO THE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SO-Y BOUNDARY OF SAID MAP NO. 8302. EXCEFITNG THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32 TOWNSHIP 12 SOUTH. RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32; THENCEALONGTHE EASIERLY LINE OF SAID NORTHWEST QUARTER. SOm 0036’31” WEST, 950.65 FEET THENCE SOUI’H 31”28’50” WEST, 341.61 m; THENCE SOUTH 58’42’49” WEST. 456.37 m; THENCE NORTH 76’12’27” WEST 23037 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 0’36’31” EAST. 77.00 FEET; THENCE NORTH 897329” WEST, 350.00 FEET; THENCE SOUTH o”36’31” WEST. 265.00 FEET; THENCE SOUTH 46’28’07” EAST, 68.28 FEFT; THENCE S0tX-H SS”28’26” EAST 34.95 FEET; THENCE SOUI’H 67’1026” EAST, 76.69 FEET; THENCE SOUTH 89”2329” EAST, 110.00 m; THENCE NORTH 78%4’47” EAST, 92.20 FEET TO A LINE WHICH BEARS SOUTH 0%‘31” WEST FROM THE TRUE &NT OF BEGINNING; THENCE ALONG SAID LINE. NORTH 003631” EAST, 263.00 FEET’ TO THE TRUE POINT OF BEGINNING. ALSO EXCEF7lNG THEREFROM THAT PORTTON OF THE NORTHERLY HALF OF SECTION 32 TOWNSHIP 12 SOUTHq RANGE 3 WEST. SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32: THENCE ALONG THE NORTH LINE THEREOF SOUTH 89”53’42” EAST 4%.36 FEET; THENCE LEAVING SAID NORTH LINE SOUI-H o”O6’18” WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89”53’42” EAST. 237.57 FEET TO THE BEGINNING OF A 470 FOOT RtDIUS CURVE CONCAVE SOurHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36”03’42”. A DISTANCE OF 295.82 FEFT; THENCE TANGENT TO SAID CURVE SOUTH 53°50’OO” EAST, 386.84 FEER THENCE SOUTH 35”24’00” WEST. 30.75 FEEL THENCE S0Ul-H 63”42’00” EAST, 424.18 FEET; THENCE SOUTH 76”40’00” EAST, 288.30 FEFT; THENCE SOUTH 0090’00” WEST, 81.00 FEf5T; THENCE SOIXH 72°49’OO” WEST, 288.60 FEET; THENCE NORTH 89”32’30” WEST, 628.00 FEEL THENCE SOUlH 87”08’00” WEST, 618.80 FEET; THENCE NORTH 47°36’OO” WEST, 187.00 FEET; THENCE NORTH 2°56’OO” EAST, 16620 FEET; THENCE NORTH 20°05’30” EAST, 530.37 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEF’TlNG THE-OM THAT PORTION OF SECllON 31. TOWNSHIP 12 SOUTH. RANGE 3 WEST. SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGG. STATE OF CALIK)RNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALB=ORN& BEING THE SOUIHEXT CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP, THENCE SOUTH 89”43’11” WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3. A DISTANCE OF 48.19 FEET TO A POINT ON THE SOUTHEASIERLY RJGHT OF WAY LINE OF ROAD SURVEY NO. 454, ON RLE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTYi THENCE LEAVING SAID SO UTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH 31”32’16” WEST 247.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89°43’11” EAST, 145.34 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF PRGPOSED RANCH0 SANTA FE DRIVE; THENCE ALONG SAID NOR -RlWSEIUY RIGHT OF WAY LINE SOUTH 12?Z2’42” WEST, 22.51 FEBI- TO THE BEGINNING OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NOR-Y; THENCE SO-Y ALONG THE ARC OF SAID CURVE THROUGH A CENlR4L ANGLE OF 7”17’27” A DISTANCE OF 144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69”OO’OO” WEST, 172.47 FEET’ TO A POINT ON SAID SOUTHWE!?lERLY RIGHT OF WAY LINE; THENCE NORTH 31”32’16” EAST, 115.50 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-05043.223-05049.223-010.31. NOTE THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE RWJRERS. AS A CONVENTEN CE TO OUR CUSTOMERS. THEREFORE, IT IS IMPORTANT -IHAT THIS DESCRIFVON NOT BE INCLUDED IN ANY CONVEYANCES, AS IT 1S NOT INSURABLE. PARCEL DD: THOSE PARCELS OF LANl SHOWN AND DELlNEATED ON THE COUNTY OF SAN DIEGO ASSE!SSOR’S MAPS BEING 223-010-12 223-010-18. 223-010-19, 223-010-27. 223-010-28, 223-010-29. 223-010-32 223-01~33.223-010-34,223-010-35.223-010-37,223-021-9.223-021-10. 223-021-z 223-021- 15, 223-021-16, 222-470-23 AND 22247025 AND LYING WITH THE FOLLOWING DESCRIBED PROPERTY: PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGG, STATE OF CALIFORNIAa FILED IN THE OFFJCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17,198O AS FILE NO. 8@204502 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED “NOT A PART” ON SAID PARCELMAP. EXCIfSTING THEREFROM THAT PORTION LYING WlTHIN CARLSBAD TRACT’ NO. 79-25(B) UNTT NO. 1. IN THE Cl-I-Y OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALEORNIA ACCORDING TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 20,1981. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TRACT NO. 79- 25(B) PHASE VI. IN THE CITY OF CARLSBAD, COUNIY OF SAN DIEGQ. STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 13.1984. AND CARLSBAD TRACT NO. 84-23. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFJCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22,198s. EXCEFTlNG THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY NO. 9182 IN THE CITY OF CARLSBAD. COUNlY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNI-Y RECORDER OF SAN DIEGO COUNTY, CKTOBER 28,1982 AS FlLE NO. 82-332144 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING NORTHEASTERLY OF THE CZNTERUNE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APRIL. 7,1966 AS FILE NO. 58549 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUIHEAST CORNER OF LA COSTA MEADOWS. L&BT NO. 2 ACCORDING TO MAP NO. 6095 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAJD SOUl-HEAST CORNER BEING A POINT ON THE SOuTHEAslE RLY RIGHT-GF- WAY OF EL FUER-IE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68”13’07” EAST 1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68”01’10” EAST 99.51 FEET; THENCE SOUTH 51”,54’4O” EAST 141.03 FEET; THENCE SOUTH 22”52’25” WEST 191.85 FEET; THENCE SOUTH 57D13’OO” WEST 73.07 FEET; THENCE NORTH 83=46’00” WEST 185.97 FEET; THENCE NORTH 34%‘48” WEST 144.00 FEET; THENCE NORTH SS”34’12”‘EAST 100.00 = TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NOR- Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33’35’22” A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. ARFCTS PARCEL NOS. 223-010-12.223-010-18.223-010-19.223-01~27,223-010-28, 223-01~29,223- 010-32 223-010-33,223-OlO-34,223-OlCb35,223-OlCb37; 223-021-09.223-021-10.223-021-12 223-021-15 AND 223-021-16; 222-470-25 AND 22247023. NOTEz THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY Tl’ld NXJRERS. AS A CONVENIEN CE TO OUR CUSTOMERS. THEREFORE, l-T IS IMPORTANT THAT THIS DESCRIPnON NOT BE INCLUDED IN ANY CONVEYANCES, AS lT IS NOT INSURABIE. PARCELEE: PARCEL 2 OF PARCEL h4AP NO. 13900. IN THE CITY OF CARLSBAD, COUNIT OF SAN DLEGO, !TATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6.1985 AS FILE NO. 85-281626 OF OFFICIAL RECORDS. AFFECTS PARCEL NO. 222-15 l-80. EXHIBIT “EIR-B” CITY OF CARLSBAD RESOLUTION NO. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS for the FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR 98-07) VILLAGES OF LA COSTA MASTER PLAN (2000) MP 98-01 (SCH No. 1999011023) 1. INTRODUCTION The Final Program Environmental Impact Report (hereafter “Final Program EIR” or “FPEIR”) has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the Villages of La Costa Master Plan (2000) and associated actions (hereafter “Proposed Project”) and considered by the City in connection with its public consideration of requested approvals for the Proposed Project. While the full scope of the Proposed Project and associated approvals are more detailed in Section 1.3 below, the Proposed Project generally consists of development of not more than 2,390 residential units and a 7.9 acre business park on approximately lJ366.4 gross acres in the Southeast Quadrant of the City, together with appurtenant public facilities, streets, parks, species/habitat natural preserve areas, other open space and reservation of a elementary school site. The Final Program EIR also analyzed the environmental effects of a range of project alternatives as well. The Final Program EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. 1.1 Purpose and Legal Authorities. The California Environmental Quality Act (hereafter “CEQA”) was adopted in 1970 and is codified in California Public Resources Code $8 21000 et.seq. (hereafter “PRC $ - “). CEQA is an important environmental law applicable to most public agency decisions to carry out, authorize or approve projects that could have adverse effects on the environment. CEQA does not directly regulate project implementation or CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 1 8/14/2001 approvals through substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform themselves about the potential environmental effects of a proposed project, carefully consider all pertinent environmental information before they act, provide the public an opportunity to review and comment on any environmental issues, and include conditions or other requirements to avoid or reduce potential significant adverse effects of the project or action when feasible. The City has codified environmental protection procedures implementing CEQA and the state administrative guidelines issued pursuant to CEQA in Carlsbad Municipal Code, Chapter 19.04. Chapter 19.04 provides for the protection and enhancement of the environment by establishing principles, objectives, criteria, definitions and procedures for evaluation of both public and private projects, implementing CEQA and the state guidelines and providing for the preparation and evaluation of environmental documents in accordance therewith. The City’s consideration of Findings of Fact and a Statement of Overriding Considerations are key steps in the process of considering the approval of the Proposed Project while concurrently protecting and enhancing the environment. The applicable standards and scope of the City’s responsibilities are detailed in the following excerpts from the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, $3 15000 et. seq.; hereafter “Guidelines $ I’). Guidelines 915040. Authority Provided by CEQA. (4 CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws. OJ) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws. w Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so. (d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power. Cd The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws. Guidelines 515041. Authority to Mitigate. Within the limitations described in Section 15040, CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “E&B” 1652724 v3 [Word] 2 8/14/2001 (a) A lead agency for a project has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law (Nollan v. California Coastal Commission (1987) 483 U.S. 825; Dolan v. City of Tigard, (1994) 512 U.S. 374; Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854.). 00 When a public agency acts as a responsible agency for a project, the agency shall have more limited authority than a lead agency. The responsible agency may require changes in a project to lessen or avoid only the effects, either direct or indirect, of that part of the project which the agency will be called on to carry out or approve. (c) With respect to a project which includes housing development, a lead or responsible agency shall not reduce the proposed number of housing units as a mitigation measure or alternative to lessen a particular significant effect on the environment if that agency determines that there is another feasible, specific mitigation measure or alternative that would provide a comparable lessening of the significant effect. Guidelines 515042. Authority to Disapprove Projects. A public agency may disapprove a project if necessary in order to avoid one or more significant effects on the environment that would occur if the project were approved as proposed. A lead agency has broader authority to disapprove a project than does a responsible agency. A responsible agency may refuse to approve a project in order to avoid direct or indirect environmental effects of that part of the project that the responsible agency would be called on to carry out or approve. For example, an air quality management district acting as a responsible agency would not have authority to disapprove a project for water pollution effects that were unrelated to the air quality aspects of the project regulated by the district. Guidelines 915043. Authority to Approve Projects Despite Significant Effects. A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that: (4 There is no feasible way to lessen or avoid the significant effect (see Section 15091); and 09 Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See Section 15093.) Guidelines gl5090. Certification of the Final EIR. (a) Prior to approving a project the lead agency shall certify that: CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 3 8/14/2001 (1) The final EIR has been completed in compliance with CEQA; (2) The final EIR was presented to the decision-making body of the lead agency and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and (3) analysis. The final EIR reflects the lead agency’s independent judgment and (b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency’s elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city’s planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals. Guidelines 515091. Findings. (4 No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes 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. (2) Such 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. (3) Specific 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. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (4 The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subsection (a)(l), the agency shall also adopt a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to avoid or substantially lessen CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 4 8/14/2001 significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (4 The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (0 A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Guidelines 815092. Approval. (4 After considering the final EIR and in conjunction with making findings under Section 15091, the lead agency may decide whether or how to approve or carry out the project. (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. (cl With respect to a project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation. 1.2 Program Environmental Impact Report Process. In accordance with CEQA, the Guidelines and Chapter 19.04, the City considered an Initial Study. Based on the Initial Study, the City concluded that the Proposed Project could have a significant impact on the environment and that preparation of an environmental impact report was necessary and issued its Notice of Preparation (“NOP”) on December 23, 1998, distributing it to all Responsible and Trustee Agencies, as well as other agencies and members of the public. A number of written responses were received and the city scheduled two separate public scoping sessions in order to increase opportunities for public input. The two scoping sessions took place June 30, 1999 and July 14, 1999 at the City’s Public Safety Center. At the scoping sessions, the public was invited to comment on the scope and content of the EIR. Approximately 155 people signed in at the scoping sessions and comments were received and considered in both verbal and written form. After consideration of all of the foregoing the City developed a detailed “EIR 98-07 - Villages of CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 5 8/14/2001 La Costa Master Plan Program EIR Scope of Work Letter” dated September 23, 1999 establishing the details of the Program EIR requirements. A copy of the Initial Study, NOP, the written comments received in response to the NOP and public scoping sessions and the detailed “Scope of Work” letter are included in Volume I of the Appendices to the Final Program EIR. The September 23, 1999 City “Scope of Work” letter, after consideration of the Initial Study, Scoping session comments and other comments in response to the NOP, identified the need and instructed that the Draft Program EIR to analyze the potential for environmental impacts associated with the following fourteen substantive potential impact areas in the Environmental Analysis section: - Land Use and Community Character - Landform Alteration - Visual Quality - Biological Resources - Archaeological Resources - Paleontological Resources - Transportation - Noise - Air Quality - Geology/Soils - Hydrology, Water Quality and Drainage - Public Facilities and Services - Human Health and Safety Hazards - Population and Housing Additionally, the Draft EIR was directed to include other CEQA substantive sections including Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, Growth Inducing Effects and Alternatives. Because of the scope of the Proposed Project, a Program EIR was determined to be the most useful and appropriate form of EIR. Guidelines 9 15 168 establishes the benefits of a Program ElR as follows: Guidelines gl5168. Program EIR Go General. A program EIR is an ElR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 6 8/14/2001 03 Advantages. Use of a program EIR can provide the following advantages. The program EIR can: (1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, (4) Allow the lead agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, (5) Allow reduction in paperwork. (c) Use With Later Activities. Subsequent activities in the program must be examined in the light of the program ElR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR, a new initial study would need to be prepared leading to either an ElR or a negative declaration. (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. (3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program. (4) Where the subsequent activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. (5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required. (a Use With Subsequent EIR’s and Negative Declarations. A program EIR can be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can: CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 7 8/14/2001 (1) Provide the basis in an initial study for determining whether the later activity may have any significant effects. (2) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole. (3) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. (e) Notice With Later Activities. When a law other than CEQA requires public notice when the agency later proposes to carry out or approve an activity within the program and to rely on the program EIR for CEQA compliance, the notice for the activity shall include a statement that: (1) This activity is within the scope of the program approved earlier, and (2) CEQA. The program EIR adequately describes the activity for the purposes of On January 25, 2001, the Draft Program EIR was published and the City duly notified interested Responsible and Trustee Agencies, as well a other interested agencies and sent out over 2,985 “Notice(s) of Completion of a Draft Environmental Impact Report for the Villages of La Costa Project” to all members of the public who had signed on the interested party list at the scoping sessions or otherwise requested notification, as well as to all property owners within 600 feet of the Proposed Project area based on the most recent tax assessor’s rolls. The “Notice of Completion” commenced an initial 45 day public review and comment period initially expiring March 12, 2001. On February 8, 2001, at the request of a member of the public, the City extended public review and comment period to a total of 60 days, expiring March 26, 2001 in order to give the public additional opportunity to review and comment in writing. The “Notice of Completion” advised that the Draft Program EIR was available, and it was in fact available, for review at four locations: the City of Carlsbad Planning Department (1635 Faraday Avenue, Carlsbad, CA 92008); the City Clerk’s Office (1200 Carlsbad Village Drive, Carlsbad, CA 92008); the Carlsbad Main Public Library (1775 Dove Lane, Carlsbad, CA 92009) and Carlsbad’s Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad, CA 92008). Complete copies were also available for purchase, with or without the Appendices, through the Planning Department. The City established the cost of purchased copies at less than the actual reproduction cost. Following expiration of the public review and comment period to the Draft Program EIR, every written comment letter was reviewed and written responses prepared. The written public comments and the written responses thereto are contained in the Final Program EIR. on the City Planning Commission held a duly noticed public hearing to consider, among other things, Certification of the Final Program EJR in accordance with CEQA, the Guidelines and Chapter 19.04. By Planning Commission Resolution No. de CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 8 8/14/2001 Planning commission certified the Final Program EIR as complete. No. is incorporated herein by reference as though fully set forth. Resolution 1.3 Description of Proposed Project. The Proposed Project overall 1,866.4 acres is geographically divided into three distinct development program areas, called “villages” and named “La Costa Greens”, “La Costa Ridge” and “La Costa Oaks.” 1.3.1 La Costa Greens. La Costa Greens consists of 660.7 gross acres and proposes not more than (a) 1,038 residential units on 350.8 gross acres, (b) a business park on 7.9 gross acres, (c) a 7.2 gross acre elementary school site, (d) an adjacent public community park on 27.2 gross acres, (e) a community facilities area on 7.9 gross acres, (t) HCP Open Space on 212.6 gross acres, (g) Non-HCP Open Space on 33.4 gross acres and (h) a major road (Poinsettia Lane) on the remaining 13.7 gross acres. See generally FPEIR pgs. 3-6,3-7,3-8 and 3-12 for La Costa Greens location and additional planning area development detail. 1.3.2 La Costa Ridge. La Costa ridge consists of 493.1 gross acres and proposes not more than (a) 320 residential units on 157.9 gross acres, (b) HCP Open Space on 324.3 gross acres and (c) Non-HCP Open space on the remaining 10.9 gross acres. See generally FPEIR pgs. 3-7, 3-14 and 3-15 for La Costa Ridge location and additional planning area development detail. 1.3.3 La Costa Oaks. La Costa Oaks consists of 712.6 gross acres and proposes not more than (a) 1,032 residential units on 357.5 gross acres, (b) community facilities on 6.6 gross acres, (c) HCP Open Space on 298.0 gross acres, (d) Non-HCP Open Space on 24.1 gross acres and (e) the right of way for a major road (Ranch0 Santa Fe Road) on the remaining 26.4 gross acres. See generally FPEIR pgs. 3-7, 3-17, 3-18 and 3-19 for La Costa Oaks location and additional planning area development detail. 1.3.4 Offsite Poinsettia Lane. Poinsettia Lane is classified as a Major Arterial in the City’s Circulation Element and is intended to provide the primary east/west street bisecting La Costa Greens. If development of La Costa Greens precedes development of the Bressi Ranch property to the east, then the Proposed Project would be responsible to construct offsite Poinsettia Lane easterly from the La Costa Greens boundary to connect to the existing portion of Poinsettia Lane at El Fuerte Street. See generally FPEIR pgs. 3-12 and 3-21 for additional detail. 1.4 Discretionary Actions. The necessary discretionary actions considered and to be acted on by the City, other than certification of the Final Program EIR, include the following discretionary actions on the Proposed Project: 1.4.1 General Plan Amendment (GPA 98-01). The General Plan is a comprehensive plan and program for the physical development of the City, consisting of text and maps, setting forth standards, goals, polices and objectives for the development and use of land in the City. The Proposed Project seeks the following amendments: (a) amend the open space boundary on the General Plan’s Open Space and Conservation Element conforming to the proposed HCP Open Space and Non-HCP Open Space areas and implementing the HCP/OMSP; (b) remove the Secondary Arterial designation for La Costa Avenue easterly of Camino de 10s Caches on the General Plan Circulation Element Map; and (c)move the allowable residential CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 9 8/14/2001 dwelling units designated for the HCP/OMSP’s “Conserved Habitat Area” into “Impact Areas” of the HCP/OMSP designated for development. 1.4.2 Adoption of New Villages of La Costa Master Plan (2000). The City General Plan designates the Proposed Project Area as “Planned Community.” Chapter 21.38 of the Municipal code requires a Master Plan before development may occur to establish the uses, intensities, character, design and comprehensive development standards and conditions to regulate and control all future development. 1.4.3 Amendment to Existing Master Plan 149(O). Delete the Proposed Project from the old La Costa Master Plan 149(O) area’ which plan was last amended in 1990. 1.4.4 Implementation of the HCP/OMSP. Pursuant to the June 7, 1995 Implementation Agreement for the HCP/OMSP, establishing “Conserved Habitat” areas of at least 702.5 acres in the locations provided within La Costa Greens, La Costa Ridge and La Costa Oaks was to occur through any subsequent approval process for the Proposed Project and to designate the permissible “Impact Areas”. The Proposed Project actually identifies an additional 132.4 acres of Conserved Habitat Area, designated HCP Open Space, for a total of 834.9 acres of Conserved Habitat Area. 1.4.5 Local Facilities Management Plans for Zones 10 and 11. The City’s Growth Management Program divided the City into 25 zones and requires, among other things, that a Local Facilities Management Plan (LFMP) be approved prior to any new development within a zone. An LFMP is a public facilities and infkastructure planning program to assure that needed public facilities, services and infk&ructure are provided for concurrent with need created by new development, including any phasing of installation and financing options. La Costa Greens is within Zone 10 and a LFMP Zone 10 must be approved. La Costa Ridge and Oaks are within Zone 11, which has an existing LFMP, needing amendment to reflect the Proposed Project. 1.4.6 Master Tentative Subdivision Maps. Two separate Master Tentative Subdivision Maps (“Master TM”) are proposed; one for La Costa Greens and one for La Costa Oaks and Ridge combined. Each Master TM proposes subdivision into separate development planning area parcels pursuant to the California Subdivision Map Act and Chapter 20.04 et seq. of the Municipal Code. Neither Master TM provides for the final mapping of individual residential lots, but represents an interim development condition, with the exception of La Costa Oaks Neighborhoods 3.8 and 3.9 which are mapped at the individual lot level. However, the Final Program EIR analyzes the Proposed Project in both the interim Master TM condition as well as the anticipated overall individual lot configurations. 1.4.7 Street Right of Way Vacations. Four existing street right of way reservations or facilities would be vacated and relocated as part of the Proposed Project. In La Costa Greens, the current proposed alignment for Poinsettia Lane would be vacated and realigned approximately 100 feet northerly. In La Costa Ridge and Oaks, vacations and realignments would occur for the Ranch0 Santa Fe/Melrose intersection, Ranch0 Santa FeKadencia and the Ranch0 Santa Fe/Questhaven intersections, and the existing Ranch0 Santa CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 10 8/14/2001 Fe Road truck bypass would be vacated upon construction of the new realigned Ranch0 Santa Fe Road which is being undertaken by the City as separate project approved by the City in 1992. 1.4.8 Hillside Development Permits. Under the City’s Hillside Development Ordinance (Chapter 21.95 of the Municipal Code), a separate permit is required when a project proposes disturbing natural slopes with gradients of 15 percent or greater and elevation differentials exceeding 15 feet in order to assure conformity with the special policies and standards contained in the Hillside Development Ordinance. 1.4.9 Scenic Corridor Special Use Permit. El Camino Real is one of the City’s scenic corridors for which Scenic Corridor Guidelines have been developed by the City to improve or protect scenic viewscapes, traffic safety and similar special treatments. As La Costa Greens abuts El Camino Real along its westerly edge, a Scenic Corridor Special Use Permit is required to assure project consistency with the adopted guidelines. 1.4.10 Floodplain Special Use Permits. Under Chapter 21.110 of the Municipal Code, a Floodplain Special Use Permit is required whenever grading or development would occur within certain designated flood hazard areas, including floodplain areas as mapped by the Federal Emergency Management Agency (FEMA). La Costa Greens and La Costa Oaks include such grading and are required to obtain the permits to assure compliance with applicable standards and policies. 1.4.11 Planned Development Permit. Under Chapter 21.45 of the Municipal Code, a Planned Development Permit is being processed concurrently with the Master TM for Neighborhood 3.9 of La Costa Oaks. Additionally, other discretionary permits may be necessary from Responsible or Trustee Agencies in the course of the development of the Proposed Project as more particularly described in the FPEIR at pgs. l-6 and l-7. Those permits and approvals are outside the jurisdiction of the City, but the environmental effects are analyzed in the Final Program EIR. Environmental Setting. The Proposed Project is located in the southeast Quadrar?of the City, in the largely residential and retail/commercial area known as La Costa. La Costa Greens is located northerly of the La Costa Resort and Spa and surrounds nine holes of golf. La Costa Oaks and Ridge are located generally easterly near the southeastern border of the City. The City of Carlsbad encompasses approximately 40 square miles, currently has a population of approximately 78,247 persons and 33,798 residential units. The current General Plan and Growth Management Ordinance anticipate that the citywide population will be in the 135,000 range at buildout with approximately 54,599 residential units and strives to balance jobs, housing diversity, open space, habitat/species protection and recreational opportunities for its inhabitants. The City has a full compliment of public facilities including the Palomar Airport General Aviation Facility, the Encina Electrical Power Generating Station, the Encina Wastewater Treatment Facility and two NCTD Coaster Stations and Interstate 5 to name a few. Additionally, a major employment center is located in the Palomar Airport area that employs approximately 3 1,000 people daily. A number of significant retail, resort and commercial facilities are also CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 11 8/14/2001 located in the City, including Legoland theme park, Aviara Four Seasons Resort and Golf Course, La Costa Resort and Spa, Westfield Plaza Camino Real regional shopping center, Carlsbad Company Stores specialty shopping center, 20 automobile dealerships in the Carlsbad Car Country area and the unique downtown mixed use village area near the City’s beaches. Incorporated in 1953, the City is a vibrant, balanced residential and commercial metropolitan area blessed by its beaches and three coastal lagoons. The Proposed Project area is largely undeveloped (one ranch house and associated out buildings on 1,866.4 acres), generally consists of moderately sloping hillside terrain with several north-south draining alluvial valleys and canyons. One of the prominent natural features is the San Marcos Creek and canyon area that separates the La Costa Ridge and La Costa Oaks villages and which will be left in its natural undeveloped state and incorporated into the HCP Open Space preserve system for permanent preservation. Preservation of this natural area, including locally prominent Box Canyon waterfall area, as part of a total 834.9 acre HCP Open Space Preserve area is a key element of the Proposed Project for wildlife and habitat/species protection. Several public facilities are located on the property including two potable water tank reservoirs, an open reclaimed water reservoir, several large electricity transmission lines, water and sewer lines traverse the property, as do several service access roads. La Costa Greens is bordered by El Camino Real on the west and Alga Road on the south, La Costa Ridge is primarily serviced by existing El Fuerte Avenue on the western edge and La Costa Oaks is bisected by Ranch0 Santa Fe Road and La Costa Avenue. More detailed descriptions of the property area and its environs is set forth in the Final Program EIR at pgs. 2-l through 2-21 and incorporated herein by this reference. 1.6 Purpose of CEQA Findings; Terminology. CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under PRC 9 21081 and Guidelines Q 15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in Guidelines 9 15091(a) are: (1) Changes 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. (2) Such 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. (3) Specific 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. III turn, Guidelines 0 15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 12 8/14/2001 (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. Based on the foregoing, the Guidelines do not provide a bright distinction between the meaning of “avoid” or “substantially lessen”. The applicable Guidelines are based on PRC $2108 1, which uses the phrase “mitigate or avoid”, and hence it is generally considered that to “avoid” is to include changes or alterations that result in the significant effect being reduced to below a level of significance. In contrast, the phrase “substantially lessen” is used to describe changes or alterations that materially reduce the significant effect, but not below a level of significance, thus, while mitigated, the effect remains significant. These Findings will distinguish, for the purposes of clarity, between effects that have been “avoided” (thereby reduced below a level of significance) and those that have been “substantially lessened” (and thus remain significant). In combination with the mitigation and monitoring program discussed immediately below, the following Findings and Statement of Overriding Considerations are binding obligations of the project to implement all required mitigation measures. 1.7 Mitigation Monitoring Program. Pursuant to PRC $21081.6, the City has also adopted a detailed mitigation and monitoring program prepared by the EIR consultant under the direction of the City. The program is designed to assure that all mitigation measures as hereafter required are in fact implemented on a timely basis as the Proposed Project progresses through its development and construction phases. Compliance with the “Villages of La Costa Master Plan (2000) Mitigation and Monitoring Program” (a copy of which is attached to this Resolution as “Attachment B”) is a condition of any City approvals and incorporated herein by this reference. 1.8 Record of Proceedings. For all purposes of CEQA compliance, including these Findings of Fact and Statement of Overriding Considerations, the administrative record of all City proceedings and decisions regarding the environmental analysis of the Proposed Project shall include the following: -The Draft and Final Program EIR for the Proposed Project, together with all appendices and technical reports referred to therein, whether separately bound or not; -All reports, letters, applications, memoranda, maps or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, project applicant or others presented to or before the decision-makers as determined by the City Clerk; CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 13 8/14/2001 -All letters, reports or other documents submitted to the City by members of the public or public agencies in connection with the City’s environmental analysis on the Proposed Project; -All minutes of any public workshops, meetings or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; -Any letters, reports or other documents or other evidence submitted into the record at any public workshops, meetings or hearings; and -Matters of common general knowledge to the City which they may consider, including applicable state or local laws, ordinances and policies, the General Plan and all applicable planning programs and policies of the City. The custodian of the full administrative record shall be the City Clerk’s Offrce, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 2. FINDINGS OF SIGNIFICANT IMPACTS, REQUIRED MITIGATION MEASURES AND SUPPORTING FACTS. 2.1 Land Use and Community Character. 2.1.1 General Plan Land Use Designation Consistency. Impact. The Proposed Project is inconsistent with the existing General Plan as the existing General Plan Land Use Element provides for development of areas intended to be preserve areas consistent with the previously approved HCP/OMSP and the existing General Plan Open Space and Conservation Element does not provide as much open space as the Proposed Project and HCP/OMSP anticipate, nor in the most advantageous locations. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.1-1. The existing General Plan Land Use Element and the Open space and Conservation Element are to be modified as part of the project approvals to conform the location and amount of open space to the approved HCP/OMSP and the Proposed Project open space and development boundaries. Factual Support and Rationale. In each of the Villages, the amount of open space being set aside and preserved is substantially increased beyond that shown in the existing General Plan elements. In La Costa Greens, the total amount of open space being permanently preserved and set aside increases from approximately 170 acres to a total of 246 acres, which represents an increase of more than 35%. In La Costa Ridge/Oaks combined, the total amount of open space being permanently preserved and set aside increases from approximately 242 acres to a total of 657.3 acres, which represents an increase of more than 171%. Combined for the entire Proposed Project, the total amount of open space being set aside and permanently preserved increases from approximately 412 acres to a total of 903.3 acres, CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 14 8/14/2001 representing an overall increase of more than 119%, more than doubling the existing area. Of the total open space acreage, 834.9 acres would be included within the HCP/OMSP habitat preserve area and a conservation easement to the California Department of Fish and Game (“CDFG”) and then conveyed to an approved wildlife conservation entity together with a permanent endowment for perpetual maintenance of its biological significance in an amount approved by the CDFG and the United States Fish and Wildlife Service (“USFWS”). Overall, the Proposed Project site would set aside over 48% of the entire property site in permanent open space. Further, the location of open space in the Proposed Project conforms to the designated biologically significant Preserve Areas for habitat and endangered species protection purposes and is designed and configured to link up with adjoining protected and future habitat preserve areas and corridor migration linkages to improve the protection and recovery of endangered and threatened species and their habitat. (For a more detailed explanation, see FPEIR at pgs. 4.1-15 through 4. l-l 8; and FPEIR Section 4.4 dealing with the Biological Resources). 2.1.2 Consistency with Other General Plan Goals. Impact. In addition to the specific General Plan elements discussed in Section 2.1 .l above, a number of other City General Plan goals set forth in the following elements could be significantly affected by the Proposed Project if mitigation measures are not required: Land Use Element; Circulation Element; Noise Element; Housing Element; Open Space and Conservation Element; Public Safety Element; and Parks and Recreation Element. In order to avoid repetition, each of the goals in the individual elements will be referenced in the Factual Support and Rationale subsection below. Finding. With the incorporation of the mitigation measures set forth in detail in Sections 4.2 through 4.14 of the Final Program EIR (as detailed in Sections 2.2 through 2.14 below), the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.1-2. The detailed Mitigation Measures are set forth in their entirety in Sections 2.2 through 2.14 of these Findings and in Sections 4.2 through 4.14 of the Final Program EIR and are included by reference here to avoid repetition. Factual Support and Rationale. The affected goals are as follows. Overall Land Use Pattern Goal A. 1. “A City which preserves and enhances the environment and image of itself as a desirable residential, beach and open space oriented community.” The Proposed Project satisfies this goal by preserving 903.3 acres (over 48% of its area) in permanent open space (834.9 acres of HCP Open Space; 168.4 acres of non-HCP Open Space), while providing a mixture of residential densities, a 7.9 acre business park, 14.5 acres of community facilities (RV storage, churches, day care, etc.), an elementary school site, a 27.2 acre community park, hiking and bike trails and significant transportation improvements. Overall Land Use Pattern Goal A.2. “A City which provides for an orderly balance of both public and private land uses within convenient and compatible locations throughout the community ensures that all such uses, type, amount, design and arrangement serve to protect and enhance the environment, character and image of the City.” In addition to the variety of CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 15 g/14/2001 residential housing types throughout the Proposed Project, the 27.2 acre community park and elementary school site have been located conveniently to circulation element roads providing access from the larger surrounding community, the 7.9 acre business park is adjacent to El Camino Real and other business/commercial centers and will not abut existing or future residential uses, the community facilities uses are also conveniently located along circulation element roads and generally separated from residential uses, the hiking and biking trails inter- connect with and significantly expand the citywide trail system and the 359 units of Affordable Inclusionary Workforce Housing is integrated into the Proposed Project onsite in two separate locations near public transportation routes. The Proposed Project has located its range of uses and housing types so as locate similar sized lots and single family detached homes adjacent to all existing single family developments on the Proposed Project boundaries. Growth Management and Public Facilities Goals A. 1 and A.2. “A City which ensures the timely provision of adequate facilities and services to preserve the quality of life of residents. (A. 1)” “A City which maintains a system of public facilities adequate for the projected population. (A.2)” As part of the City’s Growth Management Program, the city developed a comprehensive Citywide Public Facilities Management Plan establishing performance and adequacy standards for all public facilities necessary to serve and enhance the quality of life of its citizenry. The Proposed Project includes the amendment or preparation of two Local Facilities Management Plans which set forth the phasing and financing for each of the eleven public facilities covered in the Citywide Plan and assures the performance and adequacy standards will be provided for at all times by the Proposed Project as it develops. If not met, then development is required to stop until the standards are satisfied. Growth Manapement and Public Facilities Goal A.3. “A City that reasonably deals with the disposal of solid and liquid waste.” The Proposed Project will generate wastewater flows that can be treated at either the Encina Water Pollution Control Facility or the Meadowlark Reclamation Plant, both located in the city. Existing capacity exists, but a standard condition requires the City Engineer certify at all times that adequate capacity exists prior to issuance of building permits. Solid waste would be collected by the city’s franchise hauler and the Proposed Project will participate in the City’s curbside recycling program to minimize landfill impacts. The City is satisfied that adequate landfill capacity exists in its current program to accommodate the waste generated by the Proposed Project. Residential Goal A. “A City which provides for a variety of housing types and density ranges...while maintaining the present predominance of single family residences.” The Proposed Project intends to develop 2,390 residential units. In La Costa Greens, 718 detached single family units are planned in neighborhoods with minimum lot sizes ranging from 3,500 sq.ft. to 11,000 sqft. in various neighborhoods and an additional 320 multi-family attached residential units. The La Costa Ridge/Oaks combined plans 1,078 single family detached units in neighborhoods with minimum lot sizes ranging from 3,500 sq.A. to 10,000 sq.ft. and up to an additional 274 multi-family attached units. Minimum lot sizes and residential types will be compatible with adjacent existing residential developments and the average lot size for each neighborhood will be larger than the minimum size. Industrial Goal A. “A City which develops an industrial base of light, pollution-free industries of such magnitude as will provide a reasonable tax base and a balance of opportunities CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [word] Exhibit “EIR-B” 16 8/14/2001 for employment of local residences.” While only 7.9 acres of the Proposed Project is intended for a business park use, it is located in the Northwest portion of La Costa Greens adjacent to the existing primary office and industrial employment area of the city and represents a modest, but consistent expansion of the City’s employment opportunities for balanced jobs/housing. All city businesses are required to comply with stringent local, state and federal stationary source emission and hazardous materials handling and use restrictions. Aariculture Goal A. “A City which prevents the premature elimination of agricultural land and preserves said lands wherever possible.” The Proposed Project area is not presently used for agricultural purposes nor has it been used for such purposes for over many years. As discussed in Final Program EIR Section 4.10, approximately 95% of the soils on the site are not suitable for cultivation of crops, and any such cultivation would be inconsistent with preservation of the 834.9 acres of biologically significant habitat. Environmental Goal A. “A City which protects and conserves natural resources, fragile ecological areas, unique natural assets and historically significant features of the community.” In addition to the 834.9 acres of fully managed habitat preserve area, which amount is in excess of the 702 acres required by the HCP/OMSP, the onsite habitat preserve area is located to connect to other habitat preservation and endangered species areas inside and outside the city through a combination of large adjacent preserve areas and biologically significant corridors and linkages to facilitate the movement and bio-diversity of the affected species. A significant natural feature, the San Marcos Creek Canyon and locally known Box Canyon waterfall and pool will be included in the managed open space habitat areas and all development is pulled back from the canyon. Significant archaeological and paleontological resources are being protected through a combination of preservation, site disturbance monitoring and implementation of data recovery programs where warranted. Suecial Planning Considerations - Airport Goal A. “A city which maintains land use compatibility between McClellan-Palomar Airport and surrounding land uses.” The northwestern portion of La Costa Greens is located within the designated Airport Influence Area as established by the McClellan-Palomar Airport Comprehensive Land Use Plan. All development within this area is a permitted use under the Comprehensive Plan and written disclosures, and where appropriate, avigation easements will be obtained prior to the sale or development of any affected land consistent with City ordinances and policies. Additionally, the 7.9 acre business park and the adjacent public facilities area is also within the Flight Activities Zone for the Airport and special restrictions on uses and assembly of people will be imposed consistent with the Comprehensive Land Use Plan for the airport. No residential uses are impacted by the designated Flight Activity Zone area. Streets and Traffic Control Goals A.l.. A.2. and A.3. “A city with an integrated transportation network serving local and regional needs which accommodates a balance of different travel modes based on safety, convenience, attractiveness, costs, environmental and social impacts. (A.1 .)” ” A city with an adequate circulation infrastructure to serve the projected population. (A.2.) “ “A City with a comprehensive network of roads which provides appropriate access to all land uses. (A.3.)” The Proposed Project is designed to assure the comprehensive city wide circulation plan and Circulation Element of the General Plan can be accommodated onsite by providing approximately 40.1 acres for circulation element roadways, in addition to the CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [word] Exhibit “EIR-B” 17 8/14/2001 local residential streets, bikeways, trials, sidewalks and bike lanes serving the Proposed Project and the entire community. The La Costa Greens circulation plan provides improvements to Alga Road, Poinsettia Lane, El Camino Real, Alicante road as well as internal streets. The La Costa Ridge/Oaks plan contemplates additional improvements to Alga Road, El Fuerte Street, Melrose Drive, Ranch0 Santa Fe Road, and construction of internal streets. The designation of a portion of La Costa Avenue easterly of Camino de Los Caches would no longer be designated a Secondary Arterial on the circulation element as a result of the other traffic improvements. Additionally, the collection of traffic impact fees, bridge and thoroughfare fees and installation of traffic control devices would facilitate the implementation of the City’s master traffic and road system, including improvements to major regional facilities including Ranch0 Santa Fe Road, El Camino Real, Poinsettia Lane, Melrose Drive and Alga Road. Streets and Traffic Control Goal A.4. “A City with properly maintained, smooth functioning and safe traffic control systems.” The right of way widths, lane geometries and roadway classifications are designed to assure that the traffic control systems to be installed as part of the Proposed Project will provide for safe and effective operations for vehicles, bicycles and pedestrians. In La Costa Greens, traffic signals will be installed at: El Camino Real’s intersections with Poinsettia Lane and entry to Neighborhood 1.2; Poinsettia Lane’s intersection with Alicante Road; and at Alga Road’s intersection with Alicante Road. In La Costa Ridge/Oaks, traffic signals will be installed at: Ranch0 Santa Fe’s intersection with realigned Questhaven Road (San Elijo Road); La Costa Oaks Street C; and La Costa Oaks Street E. Additionally, on the internal streets of the Proposed Project, stop signs will be installed where determined necessary by applicable traffic warrants. Alternative Modes of Transportation Goal A. “A City which promotes, encourages and accommodates a variety of transportation modes as alternatives to the automobile.” In addition to the vehicular traffic capabilities and improvements, the Proposed Project includes Class II bicycle lanes on all arterial roads (Alga, Alicante, El Camino Real, Melrose, Poinsettia, Ranch0 Santa Fe and Street C) as well as off street hiking and biking trail system to interconnect with the citywide system of trails as well as a local trail network. Sidewalks and mass transit are accommodated throughout the Proposed Project area. Public Utilitv and Storm DrainaPe Facilities Goal A.l. “A City with a comprehensive network of utilities and storm drainage facilities which provide appropriate public utility and flood control services to all land uses.” A full range of public utility services are engineered for the Proposed Project. A small area of development is designed for the existing FEMA mapped 100 year flood plain, but the reconfiguration of the flood plain area and approval from FEMA will assure that no structures are subject to inundation or located in the revised 100 year flood plain. The Proposed Project on-site storm water runoff retention system is designed to meet the newest Regional Water Quality Control Board numeric sizing and NPDES discharge permit requirements, one of the first master planned communities to do so on a comprehensive basis. Scenic Roadways Goal A. “A City which preserves and enhances the visual, environmental and historical characteristics of the local community through sensitive planning and design of transportation and utility corridors.” The City has designated a number of scenic corridors throughout the city, including El Camino Real, Poinsettia Lane and Ranch0 Santa Fe Road. To date, detailed standards have been established only for El Camino Real and the CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 18 8/14/2001 Proposed Project will be required to comply with those standards through issuance of the Scenic Corridor Special Use Permit process and will minimize landscaping where vistas exist, conform landscape programs to the common theme and incorporate special setbacks, median treatments and similar provisions. As part of the Villages of La Costa Master Plan (2000), design standards will be developed for the other two scenic corridors and implemented. The roadway system design and locations have been approved by the various environmental agencies and are located to coincide with the HCP/OMSP habitat preserve area to avoid conflicts wherever feasible. Land Use Goals A.1 and A.3. “A City where land uses are not significantly impacted by noise. (A. 1 .)‘I “A City which controls mobile sources of noise to help assure that mobile sources do not significantly contribute to the noise environment. (A.3.)” With one exception, a 3% cumulative impact to an existing road noise/residential interface problem along the south side of Alga Road between El Camino Real and Alicante Road, the Proposed Project’s road and street system avoids adverse noise impacts to existing uses and includes noise attenuation features as walls, slopes, berming and landscaping to assure that noise levels will not exceed applicable city standards. Land Use Goal A.2. “A City with industrial and commercial uses which do not produce significantly adverse noise impacts.” The non-residential uses in the Proposed Project are a 7.9 acre business park and two community facilities areas. In La Costa Greens, the 7.9 acre business park and adjacent public facilities usage area are located in the northwest comer along El Camino Real, a major regional transportation corridor and adjacent to the other office and industrial job center surrounding the Palomar Airport area. These uses are isolated from the nearest residential areas by significant open space, other office industrial areas and public use facilities. In La Costa Oaks, the community use facilities area is located adjacent to Ranch0 Santa Fe Road, but will be screened from future residential uses to the east by landscaping and topography. All areas are required to meet citywide noise standards of 65 Ldn at the property line so as not to significantly impact adjoining uses. Circulation Goal A. “To provide a roadway system that does not subject surrounding land uses to significantly adverse noise levels.” As noted above, the Proposed Project is designed to comply with this standard, with the one exception of the existing residences fronting the south side of Alga Road easterly of El Camino Real, which are already experiencing road noise problems without the Proposed Project. The City has previously evaluated mitigation measures, but sound walls would block views and require numerous driveway openings for the homes, reducing its effectiveness. A sound wall would not block noise to second floor living areas. In the La Costa Oaks area, Ranch0 Santa Fe Road through the Proposed Project area will be realigned to the east away from existing homes as part of the City’s Ranch0 Santa Fe Road project. The Proposed Project brings no roads closer to existing residences than already exists. Airnort Goal A. “A City that achieves long term compatibility between the airport and surrounding land uses.” As previously discussed, only the northwesterly portion of the La Costa Greens is located in the Airport Influence Area and only limited non-residential uses within the Flight Activity Zone, which uses will be limited in accordance with height and occupant load restrictions to assure compatibility. A comprehensive program of disclosures and where the Comprehensive Land Use Plan for the Airport requires, an avigation easement will be required over the Proposed Project affected area as determined by the Planning Director based on the CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 19 8/14/2001 airport operations noise contour mappings. Further, all residents within the roughly 3 mile Noise Impact Notification Area would be advised prior to purchase through disclosures and covenants, conditions and restrictions that the property may be exposed to periodic single event aircraft noise occurrences. Quantity and Diversitv of Housing Stock Goal 2. “New housing developed with a diversity of types, prices, tenures, densities and locations and in significant quantity to meet the demand of anticipated City and regional growth.” The City has established a comprehensive Growth Management Program and established build out caps for residential units within each quadrant of the city. The Proposed Project would provide up to 2,390 units in the Southeast Quadrant, which is within the build out cap and below the Growth Management control point for density within the project area, which is the primary device to assure that population and housing starts are limited to the growth standards. Additionally, the San Diego Association of Governments (SANDAG) projects significant population growth for Carlsbad and the entire San Diego region over the next twenty years and allocates to each jurisdiction a allocable share of regional housing stock growth. The Proposed Project will contribute to meeting the City’s goals but not exceed the local Growth Management build out caps or applicable density control point. Groups with Special Needs Goal 3. “Sufficient new, tiordable housing opportunities in all quadrants of the City to meet the needs of groups, with special requirements, and, in particular the needs of current lower and moderate income households and a fair share proportion of future lower and moderate income households.” In order to meet this goal, the City has established a comprehensive Inclusionary Housing Chdinance requiring new development construct at least 15% of the total number of units as affordable to low and moderate income households based on SANDAG area median income figures. The Proposed Project anticipates a total of 2,390 units, of which, 359 (15% of 2,390) must be workforce housing meeting City affordability requirements. The Proposed Project will provide up to 180 units in La Costa Greens at a site near transportation corridors and up to 179 units in La Costa Oaks, also located near transportation corridors. The on-site provision of affordable workforce housing fully meets the Inclusionary Housing requirement and policies and will be assured through a City Affordable Housing Agreement. Housing. Jobs, Work Force Balance Goal 4. “Maintenance of a high quality of life and a strong local economy through the balance of residential and non-residential development, in particular, a balance of the skills desired and wages offered by local employers; the skills and education possessed and wages earned by the local work force; and the cost of local housing.” The Villages of La Costa Master Plan (2000) provides for a range of housing from up to 359 units of affordable workforce housing opportunities and up to 2,031 market rate multi-family attached and detached residences on a range of minimum lot sizes in the various neighborhoods from 3,500 sq.f?. to 11,000 sq. ft., plus a 7.9 acre business park and 14.5 acres of community facilities uses. The Proposed Project is predominantly single family detached in character with the surrounding neighborhoods in the La Costa area, but the product and lot size selection will provide a range of housing opportunities in close proximity to the Palomar Airport job centers and employment opportunities as well as near regional transportation access to nearby job opportunities. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 20 8/14/2001 Resource Conservation Goal 5. “New and developed housing which conserves natural resources, in particular, energy and water.” A range of energy/resource conservation techniques and elements are part of the Villages of La Costa Master Plan (2000) development standards. Water is conserved as over 45% of the entire area being preserved in natural habitat and open space, and the rest of Non-HCP open space is being vegetated with selected low water vegetation, including street medians, rights of way, adjacent slopes and parks where appropriate. Where feasible and available, reclaimed water dual piping will be installed for use of reclaimed water in these areas. Individual homes and businesses will all be equipped with low flow devices and common area watering will be automatically monitored and controlled. Structures will meet all required energy efficiency standards including dual paned windows, roof and wall insulation, pipe and water heater insulation, and energy efficient heating/cooling systems and appliances. Onen Snace Planning and Protection Goal A. 1. and ObtaininP Onen snace Goal A.2. “An open space system of aesthetic value that maintains community identity, achieves a sense of natural spaciousness, and provides visual relief in the city scape. (A.1 .)‘I “A City where new developments provide for the open space needs of the residents. (A.2.)” Over 903 acres (48% of the Proposed Project Area) would be protected as permanent open space of which 834.9 acres is within the HCP Open Space permanently managed habitat and biological preserves, including the San Marcos Creek Canyon and Box Canyon falls/pool area. Additionally, La Costa Greens wraps around nine northernmost holes of the La Costa Resort’s North course and also sets aside a 27.2 acre community park area. Residents are able to enjoy the open space visually and actively through an integrated system of citywide and local hiking/biking trails and preservation of view sheds from both major roads and the existing residential developments surrounding the Project Area. As previously mentioned, the open space system is biologically linked with the overall citywide habitat management program in connecting large preserve areas and corridors linking to County habitat areas and linkages to the east and south. Even where slopes or other open space areas will be initially disturbed, landscape controls and standards call for natural vegetation wherever appropriate to give even manufactured and contoured slopes a natural appearance to compliment the 834.9 acres of undisturbed natural habitat area. Further, the Proposed Project provides a permanent, funded endowment for the ongoing operation and maintenance of the habitat preserve and linkage areas. Snecial Resource Protection Goal A. 1, “Activity that protects environmentally sensitive land and buffer areas.” The HCP/OMSP required a minimum of 702 acres of natural open space areas be preserved and maintained in perpetuity. The Proposed Project increases this HCP Open Space to 834.9 acres and incorporates landscaping, vegetation, setback and brush management requirements to reduce edge effects between developed areas and the habitat areas. All brush management areas are outside the HCP preserve area and arterial roads are located and designed to further minimize the edge effects. TraiVGreenwav System Goal A.2. “A City with a Carlsbad Trail system.” The Proposed Project contains several interconnected trails as part of the citywide system and additional local trails. The network connects to offsite trail areas and significantly expands the City’s trail system. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 21 8/14/2001 Fire Risk Management Goal A. “A City in which fire risk presented by native wildland open space is mitigated in a manner that provides a reasonable level of fire protection with sensitivity toward the preservation of natural resources.” The 1996 Harmony Grove wildfire has had a pronounced affect on the awareness and necessity to incorporate wildfire mitigation measures in the Proposed Project. It is a balancing process to preserve natural open space areas while protecting against wildfires. The City Fire Department has established rigorous fuel modification and landscape buffer requirements to minimize the spread of wildfires to developed areas and the city has outlawed wood shingle or other combustible roof materials. The Proposed Project is required to meet these standards as well as providing ample fire protection water pressure commensurate with applicable standards. The design standards incorporated into the Villages of La Costa Master Plan (2000) further provide for fire retardant materials. The City, through its Fire Department, annually requires specific weed abatement and similar brush management practices to reduce wildfire risks, and where appropriate, may require certain homes be sprinklered. Air Quality Protection Goal A. “A city with clean air.” Regrettably, the entire San Diego Air Basin is a federal non-attainment area for certain pollutants several times a year, predominantly in Santa Ana atmospheric conditions when pollutants originated in the Los Angeles and Grange county areas combine with locally generated pollutants. As a result, further development of any kind in San Diego Region will contribute to a cumulative, unavoidable significant impact as discussed below in the Cumulative Impacts section. On a project level, a number of mitigation measures will be required to minimize air pollution during the construction phase and thereafter. During construction, a construction worker ride-sharing program is proposed to minimize vehicle trips and associated dust and other emissions. Frequent watering while grading to reduce fugitive dust emissions, prompt landscaping requirements for slopes or other disturbed areas and the provision for sidewalks, bicycle lanes and off-street hiking and biking trail systems to promote non-vehicular transportation modes, all help to reduce impacts. The street and road system improvements will assist in moving local and regional traffic through the area thereby reducing emissions from traffic congestion. Water Quality Protection Goal A. “A City with a high quality of water resources.” This goal addresses the storm water and surface runoff issue, rather than purity of potable water which is the responsibility of various water agencies. As previously mentioned, the Proposed Project is designed and will be required to meet the new RWQCB storm water discharge NPDES numeric sizing criteria to capture onsite and treat, if necessary, to remove various urban pollutants before they enter the storm water system and eventually flow into Batiquitos Lagoon and the Pacific Ocean. These new standards are the most aggressive in the state and apply both to the construction and subsequent development phases and require funding assurances be in place to permanently maintain these improvements. Historical and Cultural Preservation Goal A.1. “A City in which its existing and continuing heritage is being protected, preserved, recognized and enhanced.” Some forty archaeological sites have been identified as within or immediately adjacent to the Proposed Project, including one site within the off-site alignment of Poinsettia Lane, through extensive field survey and reported finds. Only three sites would be significantly impacted, one in La Costa Greens, one in the La Costa Ridge/Oaks and the third in the off-site Poinsettia Lane CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 22 8/14/2001 alignment. These sites will be monitored during the construction process by archaeologists with authority to halt construction until any significant resources can be documented and recovered, in order to mitigate any adverse impacts. General Goal A. “A City which minimizes injury, loss of life and damage to property resulting from fire, flood, crime, hazardous material, or seismic disaster occurrence.” Many City ordinances and standards require compliance with health and safety standards. The Proposed Project will have a Fire Protection Plan and incorporate the requirements into the fuel modification zone and landscaping activities and periodic weed abatement program. The Villages of La Costa Master Plan (2000) requires use of fire retardant building and roofing materials, increased building setbacks in proximity to natural areas, and the requirement for residential sprinklers in certain homes as supplemental protection. All structures will incorporate the latest building codes and standards for fire and seismic safety and no structures will be located within the revised FEMA 100 year flood plain area following grading. The Local Facilities Management Plans establish standards for police, fire and other life safety services and those performance standards must be consistently met. Park Development Goal A.l. “A City that provides a diversified, comprehensive park system utilizing contemporary concepts and planning strategies.” The Proposed project incorporates a 27.2 acre community park location in the northwest portion of La Costa Greens. If the elementary school site is located elsewhere in La Costa Greens, the community park could be expanded to approximately 32.9 acres, as an option. Based on SANDAG occupancy numbers, the 2,390 units at 2.48 persons per household would generate approximately 5,930 residents. Using the City’s Quimby Act standard of 3 park acres per 1,000 population, the Proposed Project would need approximately 17.79 acres (5,930 divided by 1,000 times 3 acres), which is more than satisfied by either the 27.2 acre or 32.9 acre public community park. Additionally, within individual neighborhoods, active and passive recreational facilities and opportunities will be provided, including additional neighborhood private parks. Residents and community members will also enjoy the off-street trail and biking system connecting to the citywide trail network, and benefit from the 834.9 acres of HCP C&en Space and 168.4 acres of Non-HCP Open Space. 2.1.3 Consistency with City of Carlsbad Zoning Ordinances. 2.1.3.1 Special Flood Hazard Overlay Zone. Impact. The proposed development plan would place a small portion of the development area within the existing FEMA 100 year flood plain. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.13. Prior to issuance of any building permit for structures within the existing FEMA 100 year flood plain, the applicant shall process and obtain a Flood Plain Special Use Permit from the city and obtain a Conditional Letter of CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 23 8/14/2001 Map Revision from FEMA establishing the new 100 year flood plain boundaries in an area where no structures are to be constructed. Factual Support and Rationale. In La Costa Greens, an approximately 3.07 acre portion of the development area encroaches into the existing FEMA 100 year flood plain (See FPElR fig. 4.1 l-4). As the 100 year flood plain exposes property to the potential for flooding in a 100 year storm (a 1% probability in any year), the Flood Plain Special Use Permit requires steps be taken to protect the improvements fkom the flooding potential and not aggravate surrounding flood conditions. The encroachment area is near the intersection of future Poinsettia Lane and Alicante Road in La Costa Greens and Ranch0 Santa Fe Road and San Marcos Creek in La Costa Ridge/Oaks, all Circulation Element roads. As part of the development of the roads, the flood plain boundary will be modified such that the roads become the flood plain boundary and structures will be adequately protected from risks of flooding as well as the roads. This modification will actually reduce likely flooding in the adjacent golf course area. Additionally, the width of Poinsettia Lane was reduced to minimize flood plain impacts. In La Costa Ridge/Oaks, residential development would not encroach into the flood plain area. 2.1.3.2 Hillside Development Regulations. Impact. Development of the Proposed Project will involve disturbance of slopes with greater than 15% gradient and an elevation differential of greater than 15 feet and therefore create the potential for adverse impacts requiring application of the standards set forth in City Municipal code Chapter 21.95, the Hillside Development Ordinance. Finding. With incorporation of the following mitigation measures requiring issuance and compliance with the Hillside Development Ordinance, the identified direct significant impact can be avoided and therefore reduced below a level of significance. Mitigation Measure 4.1-4. Prior to the issuance of any grading permit creating manufactured slopes in excess of forty feet in height, the applicant shall process and obtain a Hillside Development Permit and qualify for an exclusion or modification for such slopes, incorporating contour grading landscaping and similar ordinance requirements. Mitigation Measure 4.1-5. Prior to the issuance of any grading permits to grade property having greater than a 15% slope and height of 15 feet, the applicant shall process and obtain a Hillside Development Permit from the City. Factual Support and Rationale. Chapter 21.95 of the Municipal Code sets forth the detailed standards and policies of the City regarding hillside development. The purposes of the Hillside Development Permit include: (a) implementing the goals and objectives of the land use and open space/conservation elements of the General Plan, (b) assure hillside conditions are properly incorporated into the planning process, (c) preserve or enhance aesthetic qualities of natural hillsides and manufactured slope areas by designing projects which relate to the slope of the land, minimize amount of project grading, incorporating contour grading into manufactured slopes which are in highly visible public locations, and (d) assure that alteration of natural hillsides will be done in an environmentally sensitive manner whereby CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 24 8/14/2001 lagoons and riparian ecosystems will be protected and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur. In order to effectuate the foregoing, the Proposed Project grading was evaluated with regard to Chapter 21.95 and the following standards. 1. “Development of natural slopes over 40 percent gradient, having the following characteristics, is not permitted: a) an elevation differential greater than 15 feet; b) a minimum area of 10,000 square feet; and c) the slope comprises a prominent land form feature.” La Costa Greens consists of 660.7 acres, of which approximately 45.2 acres exceed 40% gradient. The Proposed Project would grade 17.3 acres on La Costa Greens with slope gradients exceeding 40%, but none of the affected areas represent prominent land form features. La Costa Ridge/Oaks consists of 1205.7 acres, of which approximately 187.4 acres exceed 40% slope gradients. The Proposed Project would grade 10.1 acres on La Costa Ridge/Oaks with slope gradients exceeding 40%, but none of the affected areas represent prominent land features. With over 45% of the total project area being reserved for natural open space and species protection, the location of the open space areas was driven by biological, preserve area and corridor linkage factors rather than preserving only the steeper portions. As a result, development areas were forced into some steeper sections for efficient project design. The overall project impacts only 27.4 acres of the 232.6 acres over 40% without adversely impacting prominent land forms. 2. “The volume of grading shall be minimized. O-7,999 cubic yards per graded acre (cy/ac) is acceptable, 8,000-10,000 cy/ac is potentially acceptable, and greater than 10,000 cy/ac is not acceptable.” In La Costa Greens, 9,960 cy/ac would occur and in La Costa Ridge/Oaks, 8,950 cy/ac would occur; both within the conditionally acceptable category requiring justification. Several factors make these volumes acceptable under the circumstances. First, the 834.9 acres of biologically significant located natural open space for large preserve areas and corridor linkages occupied some of the flatter terrain and forced development into steeper areas resulting in more grading. Second, alignments and grades for major circulation element roads, including Poinsettia Lane, Alicante Road and Ranch0 Santa Fe Road are generally fixed, thus constraining available development areas, dictating internal street elevations and alignments and thereby constraining developable areas. (It should be noted that the actual grading volumes for circulation element roads is not counted, but the alignment and grades nonetheless dictate adjacent development elevations and locations.) Third, two very large public uses must be sheet graded substantially flat, the 27.2 acre public park and the 7.2 acre school site, which grading totals are included in the overall numbers. Fourth, every effort has been made to avoid blocking views from the existing contiguous residential developments and has contributed to the volume of grading by attempting to further reduce overall building pad elevations on site. 3. “Manufactured slopes shall not be greater than 40 feet in height unless an exclusion is provided pursuant to Municipal code Section 21.95.130.” In the final configuration, thirteen manufactured slopes in La Costa Greens and eleven manufactured slopes in La Costa Ridge/Oaks will exceed 40 feet in height. Exclusions are authorized and appropriate for these slopes because they each meet one or more criteria outlined in Section 21.95.130, namely that the alignment of circulation element roads dictate the resulting CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 word] Exhibit “EIR-B” 25 8/14/2001 slopes, the roads are in environmentally preferred alignments, or hillside areas have unusual geotechnical or soil conditions that warrant additional corrective grading. Each of the affected slopes are identified in the Final Program EIR at pgs. 42.-l 1,4.2-12,4.2-16 and 4.2-17. 4. “All manufactured slopes shall be landscaped consistent with the city’s landscape manual.” As part of the Hillside Development Permit process, the City requires compliance with the citywide landscape manual for the purposes of assuring the stability, attractiveness and aesthetic enhancement of the particular graded slopes and areas. The final pallette of vegetation is selected to harmonize with the surrounding patterns. Where a slope is adjacent to natural vegetation, the slope is planted to compliment the natural area. Where located adjacent to development or roads, then a different pallette may be used. Whatever the vegetation, assurances are made that the slopes will be appropriately irrigated and maintained. 5 and 6. “Hillside and hilltop structures shall be consistent with the architectural guidelines included in the City’s Hillside Development Guidelines.” “Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building form which would be visually incompatible with hillside land forms.” Significant architectural guidelines conforming to the City’s Hillside Development and Design Guidelines have been incorporated into the project through the Villages of La Costa Master Plan (2000) that meet these criteria. As individual areas develop, they will have to demonstrate that all guidelines have been satisfied and the location, setbacks, form and bulk will need to satisfy the Hillside Development Guidelines. 7. “Hillside roadway design shall be compatible with the City’s Hillside Development Guidelines Manual.” Alignments and geometries for Poinsettia Lane, Alicante Road and Ranch0 Santa Fe Road are generally established by the City’s circulation element and traverse the Proposed Project. The location of these roads and their conformity with the Hillside Development Design Regulations is required. As the Proposed Project does not yet establish final design for the internal residential roads, subsequent implementing actions such as subdivision tract maps, planned development permits and associated use permits may require further compliance with the Hillside Development Permit Ordinance. 8. “Hillside drainage shall be consistent with the City’s Hillside Development Guidelines Manual.” Conceptual drainage plans are included as part of the Master Tentative Map applications and the Villages of La Costa Master Plan (2000). The proposed facilities include detention basins, control structures, underground and above ground components, street curbs and gutters, all designed to divert and control surface runoff and the quantity and velocity of waters leaving the site. The slopes incorporate benches, brow ditches and drains, along with contour grading techniques to fully satisfy the Hillside Development Design Guidelines requirements. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 26 8/14/2001 2.1.4 Consistency with the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). Impact. In La Costa Greens, Neighborhoods 1.1 (Business Park) and 1.2 (Community Facilities), are located within the designated Flight Activity Zone (FAZ) for McClellan-Palomar Airport and if unregulated, could pose a potential conflict with the CLUP. Finding. With adoption of the following mitigation measure, the identified direct significant effect would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.1-6: The following restriction shall be included as a condition of all building permits, conditional use permits, and certificates of occupancy for uses and structures located in Neighborhoods 1.1 and 1.2 of La Costa Greens: “NO use shall be permitted inside the McClellan-Palomar airport flight Activity Zone which is designed or intended to educate, entertain, accommodate, serve, congregate and/or employ a total of 100 or more persons at one time.” Factual Support and Rationale. As part of the CLUP for McClellan- Palomar Airport, various operational constraints were identified within the larger Airport Influence Area based on aeronautical usage and safety factors. One operational area is known as the Flight Activity Zone, which is generally the ground footprint and airspace for the approach and take-off activity areas on either end of the runway. As this area is subject to higher risks of flight hazard and crashes, the CLUP recommends that uses in the FAZ not assemble more than 100 persons at any one time in order to mitigate collateral personal injury or death should an aircraft accident occur during landing approach or following take-off, generally considered the times when an airport related accident is most likely to occur. By limiting occupancy consistent with the CLUP criteria, risks of injury or death are reduced. 2.1.5 Consistency with Scenic Corridor Guidelines. Impact. Portions of La Costa Greens border El Camino Real, a City designated Scenic Corridor, and development inconsistent with the Scenic Corridor Guidelines could pose a significant adverse impact. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.1-7: Development of Neighborhoods 1.1, 1.2 and 1.3 of La Costa Greens shall comply with the City’s El Camino Real Scenic Corridor Development Standards. Prior to the approval of grading permits, the applicant shall process and receive approval of a Scenic Corridor Special Use Permit. Mitigation Measure 4.1-8A: A 50-foot landscaped area shall be provided with a berm between Neighborhood 1.2 of La Costa Greens and the El Camino Real right-of-way. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 27 8/14/2001 Mitigation Measure 4.1-8B: Where open space occurs adjacent to El Camino Real, fewer trees shall be planted to allow views to the open space landscape. Factual Support and Rationale. In order to provide positive visual and aesthetic experiences on El Camino Real, a major north south travelway through the city, detailed design, landscape and visual standards were developed, including special setbacks, view preservation requirements and other harmonizing components. By requiring compliance with the standards and issuance of a Scenic Corridor Special Use Permit, the Proposed Project will implement the common El Camino Real visual theme, include the special setbacks and view opportunities and the vegetation and median plantings will be harmonized along El Camino Real. 2.1.6 Land Use Compatibility at Project Boundaries. Impact. Compliance with the guidelines contained in the Villages of La Costa Master Plan (2000) would ensure land use compatibility at project boundaries. In Neighborhood Area 3.2 of La Costa Oaks, community facilities uses located adjacent to off-site residential uses would create potentially significant aesthetic and lighting impacts.. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.1-9: Prior to the issuance of building permits in Neighborhood Area 3.2, a Detailed Landscaping Plan and Lighting Plan for Neighborhood 3.2 shall be approved by the City. The Detailed Landscaping Plan shall comply with the City’s Landscape Manual and shall include details for landscaping on all sides of the Neighborhood Area to ensure that the light and aesthetic impacts on surrounding off-site properties are reduced to the maximum extent feasible. Factual Support and Rationale. As evidenced by Figures 4.1.4 and 4.1.5 (pgs 4.1-38 and 4.1-42), the Villages of La Costa Master Plan (2000) has assigned individual neighborhood lot sizes, densities and project types to be comparable to the any existing neighborhoods so as to maximize compatibility at Project boundaries. Higher densities are intemalized within the Project in an effort to minimize any land use compatibility issues at the boundaries. Non residential uses do not conflict with any existing neighborhoods and are located in areas with similar land use patterns and accessibility. In La Costa Oaks/Ridge Neighborhood 3.2, there is a potential that this Public Facilities use designation may abut future off-site residential development in the City of San Marcos (University Commons) and to mitigate any adverse impact, the detailed lighting and landscaping plan shall include sufficient screening and light shall be directed away from the adjoining future residential area consistent with the standards required by the Planning Department. The interface is a relatively small area of approximately .850 linear feet and the interface area on Neighborhood 3.2 will be landscaped to further screen and reduce impacts below a level of signit’icance. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 28 8/14/2001 2.2 Landform Alteration. 2.2.1 Creation of Manufactured Slopes. Impact. Implementation of the La Costa Greens and La Costa Ridge/Oaks Master Tentative Maps will result in the creation of manufactured slopes over 40 feet in height. In its final graded condition, La Costa Greens would contain 11 manufactured slopes over 40 feet in height and La Costa Ridge/Oaks would contain 13 manufactured slopes over 40 feet in height. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be significantly lessened, but not avoided and thereby reduced below a level of significance. Mitigation Measure 4.2-l: Prior to the issuance of grading permits, a Hillside Development Permit shall be approved by the City. Mitigation Measure 4.2-2: Prior to the issuance of a grading permit for permanent manufactured slopes, the Proposed Project shall apply for an exclusion or obtain a modification pursuant to Carlsbad Municipal Code $21.95130 and 921.95140, respectively, for manufactured slopes over 40 feet in height. Mitigation Measure 4.2-3: The Proposed Project shall comply with the City’s Excavation and Grading Ordinance (8 15.06, Carlsbad Municipal Code). Mitigation Measure 4.2-4: Grading information shall be submitted for review by the City with each tentative subdivision map. Mitigation Measure 4.2-5: Prior to the issuance of grading permits, the City shall verify that proposed grading complies with the grading standards and manufactured slope revegetation within the boundaries defined by the Villages of La Costa Master Plan (2000). Compliance will minimize and reduce impacts, but not below a level of significance. Mitigation Measure 4.2-6: The Proposed Project shall comply with the Master Plan Landscape Sections and the City of Carlsbad Landscape Manual. Factual Support and Rationale. The Planning and Engineering staff have worked extensively with the applicant to reduce the number, height and length of manufactured slopes over 40 feet tall, as that has been adopted as the City standard for determining significance. Given the controlling features of the topography and the fact that the HCP/OMSP set aside considerable portions of the flatter property for habitat preservation and protection, all slopes in excess of 40 feet have not been eliminated entirely. The adopted mitigation measures will not fully mitigate the impacts, but will substantially lessen them by requiring contour grading, special planting palettes depending on the proximity to native habitat, additional benching and surface drainage structures and additional features intended to minimize the appearance of these higher slopes. A number of the slopes are required in order to construct circulation element roads, where grade and width are factors. The slopes in question are CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [word] Exhibit “EIR-B” 29 8/14/2001 identified in the FEIR at Table 4.2-6 (Greens) and Table 4.2-9 (Ridge/Oaks) and the accompanying figures. 2.3 Visual Quality and Aesthetics. 2.3.1 Appearance of Manufactured Slopes from Public Viewing Areas. Impact. Several manufactured slopes would be created that would be more than 20 feet in height and 200 feet in length that would be located adjacent to or would be substantially visible from a circulation element road, collector street, or usable public open space. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.3-l: Prior to the issuance of a grading permit, a Detailed Landscaping Plan for the respective village shall be approved by the City. The Detailed Landscaping Plan shall comply with the City’s Landscape Manual and shall include details for manufactured slope treatment that provide visual softening of slope areas. Mitigation Measure 4.3-2: Prior to the issuance of grading permits, a Hillside Development Permit shall be approved by the City. Factual Support and Rationale. All manufactured slopes will receive special landscaping and contouring, with the final selection of planting palettes based on proximity to natural open space and other surrounding uses. As all slope areas will be fully vegetated and receive natural contour grading, they will be substantially softened in appearance such that their isolated existence throughout the Project will not be significantly noticeable, nor be overly prominent in bulk and scale compared to the vicinity as a whole. Similar treatment has occurred in other areas in the City for the manufactured slopes and the techniques and end results have proved satisfactory and not obtrusive or overwhelming. 2.3.2 View Blockage of Significant Public Resources and Change in Overall Scenic Quality. Impact. Implementation of the Proposed Project would not block public views to significant public resources, with the exception of views from the future alignment of Ranch0 Santa Fe Road with La Costa Ridge/Oaks, where views to the west would be partially blocked by landscaped slopes. The essentially natural view of the Proposed Project site would change to a largely man-made appearance for approximately one-half of the overall project site which, combined with other development projects in the site vicinity, is regarded as cumulatively significant. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be substantially lessened and reduced, but not thereby reduced below a level of significance. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 30 8/14/2001 Mitigation Measure 4.3-3: At least twenty percent (20%) of the residential units along a ridgeline/hilltop, which are visible from a circulation element roadway, shall be single-story. This standard shall apply to Neighborhood Areas 1.6, 1.7 and 1.12 of La Costa Greens, Neighborhood Areas 2.1, 2.2 and 2.5 of La Costa Ridge and Neighborhood Areas 3.1,3.4,3.5 and 3.14 of La Costa Oaks, as shown in the Villages of La Costa Master Plan (2000). The City’s Planning Department shall verify the incorporation of the required one-story structures during the review of Planned Development Permits and Site Development Plans as well as prior to the issuance of building permits. Mitigation Measure 4.3-4: Homes adjacent to and visible from Circulation Element Roads [El Camino Real, Alga Road, Alicante Road, Poinsettia Lane, El Fuerte Street, Ranch0 Santa Fe Road, Questhaven Road (off-site) and Melrose Drive (off-site)]. shall receive special attention to detailing on the elevation fronting the roads as required by the Villages of La Costa Master Plan (2000) and the required detailing shall be noted on architectural plans. Mitigation Measure 4.3-5: The City shall verify that proposed structures comply with the architectural and site planning standards contained in the Village of La Costa Master Plan (2000). Mitigation Measure 4.3-6: Walls and fences located 15 feet or less from a public street shall provide recesses for landscaping and variations in materials such that relief shall occur at elevational and directional changes. Long, straight walls and fences without visual relief shall be avoided. Wall and fence locations and respective design details shall be noted on all applicable building plans, and shall be approved by the City Planning Department. Factual Support and Rationale. The Proposed Project represents a large infill project in the already substantially developed La Costa portion of the City. While 834.9 acres of the Project is permanently preserved in natural HCP Open Space, and another 168.4 acres preserved in additional open space, the Proposed Project will convert approximately 5 1% of the total site to suburban development, including housing, businesses, roads, parks, and community facilities areas. Overall, the aesthetic impact resulting from the conversion of undeveloped areas in and around the Proposed Project from natural or undeveloped lands to suburban uses, will result in an overall and cumulatively significant aesthetic impact as our City and the surrounding region continues to develop and provide housing, jobs and public facilities for current and future citizens. 2.3.3 Compliance with the City’s Scenic Corridor Guidelines. Impact. El Camino Real, which borders La Costa Greens to the west is designated as a scenic corridor. Development proposed adjacent to El Camino Real could potentially impact the scenic corridor. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 31 8/14/2001 Mitigation Measure 4.3-7: Development of Neighborhoods 1.1, 1.2 and 1.3 of La Costa Greens shall comply with the City’s El Camino Real Scenic Corridor Development Standards. Prior to the approval of grading permits for Neighborhoods 1.1, 1.2 or 1.3 of La Costa Greens, a Scenic Corridor Special Use Permit for El Camino Real shall be approved by the City. Mitigation Measure 4.3-8: Prior to the issuance of building permits for Neighborhood 1.2 of La Costa Greens, a 50-foot landscaped berm shall be provided or assured between development and the El Camino Real right-of-way, as detailed in the Villages of La Costa Master Plan (2000). Where open space occurs to adjacent to El Camino Real, fewer trees shall be planted to allow views to the natural habitat. Factual Support and Rationale. The City has adopted Scenic Corridor Guidelines for development along El Camino Real, the primary north/south transportation corridor traversing the entire length of the City. The goals of the guidelines is to establish a pleasing and consistent visual and aesthetic scheme by requiring adjacent development to preserve significant existing view corridors, set development back further from El Camino Real than elsewhere, have harmonious and consistent median improvements, create a more grand spacious experience for the driver and pedestrians, and avoid incompatible architectural styles and the “hedge podge” appearance that so many main arteries take on in cities where a major thoroughfare transverses multiple land uses and areas in a city. These goals are accomplished through the requirement and standards of the Scenic Corridor Permit which requires compliance with the adopted Scenic Corridor Guidelines. 2.3.4 Visual Impacts from Circulation Element Roadways. Impact. Visual impacts could occur along other Circulation Element Roadways unless adequate landscape setbacks are provided. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.3-9: Prior to the issuance of building permits for Neighborhood 1.3, 1.14 or 1.15 of La Costa Greens, a 30-foot average landscape setback shall be provided or assured along the property’s frontage of Alga Road where the roadway would abut residential development. Mitigation Measure 4.3-10: Prior to the issuance of building permits in Neighborhoods 1.7, 1.17 of La Costa Greens, a 30-foot average landscape setback shall be provided or assured along the property’s frontage of Poinsettia Lane where the roadway would abut residential development. Mitigation Measure 4.3-11: Prior to the issuance of building permits in Neighborhoods 3.1,3.4,3.5,3.8,3.9,3.10 or 3.11 of La Costa Oaks, a 50-foot average landscape setback shall be provided or assured along the property’s frontage of Ranch0 Santa Fe Road where the roadway would abut residential development. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 32 8/14/2001 Factual Support and Rationale. In addition to the El Camino Real Scenic Corridor Guidelines, the City has also required special setbacks from other arterial roads throughout the project, including Alga, Poinsettia and Ranch0 Santa Fe Road. By requiring special landscaped setbacks, the future homes are further removed t?om the noise and light impacts of roads and importantly, the motorist is also provided a more pleasant and open driving experience. These special setback requirements contribute to the visual and quality of living as well as driving experiences, while also increasing the amount of landscaping and vegetation in our community. 2.3.5 Light and Glare. Impact. Implementation of the Proposed Project would result in the introduction of new sources of lighting. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.3-12: All street and other lighting shall conform to City of Carlsbad standards, or an approved theme lighting program shall be approved by the City Engineer prior to the issuance of building permits. Mitigation Measure 4.3-13: Lighting for community facilities and recreation areas shall be considered an element of Conditional Use Permit (CUP) or Site Development Plan (SDP) Review. Any such lighting that will illuminate a residential area past the hour of 10:OOPM shall be clearly identified on the site plan and shall be approved by the City of Carlsbad prior to CUP or SDP approval. Factual Support and Rationale. The City has established policies with respect to lighting impacts, both within the future development areas and intended to minimize the energy and “dark sky” impacts of development with the neighborhood and driving safety element to be considered. Street lighting is kept to an appropriate level and special concern is required where urbanized uses will interface with HCP Open Space preserve areas. By rigorously controlling the location, intensity and design of new lighting sources through the neighborhood site development design and the other areas conditional use permit process, the City prevents uncontrolled lighting sources from being a significant impact to the community. 2.4 Biological Resources. 2.4.1 Upland Vegetation Impacts - La Costa Greens. Impact. Significant direct impacts to vegetation communities include the loss of Diegan coastal sage scrub (89.8 acres), southern maritime chaparral (31.2 acres), southern mixed chaparral (1.5 acres), non-native grassland and native grassland (2 19.1 acres), combined riparian habitats (5.7 acres), and flood plain scrub (46.9 acres). CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 33 8/14/2001 Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-l: Significant direct impacts to Diegan costal sage scrub within La Costa Greens shall be mitigated by a combination of on- and off-site preservation. Approximately 33.2 acres (27 percent) of the on-site coastal sage scrub shall be preserved within the HCP/OMSP open space. Prior to the issuance of the first grading permit in La Costa Greens, approximately 33.2 acres of on-site Diegan coastal sage scrub shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. In addition, prior to site disturbance in La Costa Greens, the project owner/permittee shall contribute $1,000,000.00 towards the preservation of two off-site open space parcels. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Mitigation Measure 4.4-2: Significant direct impacts to southern maritime chaparral within La Costa Greens shall be mitigated by the preservation of 88.8 acres (74 percent) of southern maritime chaparral habitat in the northwest portion of the site. Prior to the issuance of the first grading permit in La Costa Greens, the 88.8 acres of on-site southern maritime chaparral shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Mitigation Measure 4.4-3: Significant direct impacts to southern mixed and grassland within La Costa Greens shall be mitigated by the preservation of 4.5 acres of southern mixed chaparral habitat and 33.9 acres of grasslands on the site. Prior to the issuance of the first grading permit in La Costa Greens, the 88.8 acres of on-site southern maritime chaparral shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. The City was an active participant and signatory to the 1995 HCPIOMSP, a multi-species habitat conservation program and Natural Community Conservation Program, in which local jurisdictions and the United States Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG) and the property owner, with the participation of many environmental and conservation groups, over several years forged a biologically sound program and palette of mitigation and conservation measures to assure the preservation of 62 identified sensitive, threatened or listed species consistent with the State and Federal Endangered Species Acts. While working on the HCP/OMSP, the City was concurrently working on its own Habitat Management Program @IMP) subarea plan as an enrollee in the regional Multiple Habitat Management Program (MHCP) being spearheaded by SANDAG for regional North County, as all the cities are enrolled. The HMP and MHCP programs are still proceeding and include USFWS, CDFG and any number of other stakeholders and environmental groups as active participants. The HCP/OMSP is a completed subcomponent of the City HMP, which in turn is to be a sub-area plan of the larger MHCP. As such, overall standards and biological principles have been developed and applied to all these multi-species programs. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 34 8/14/2001 With respect to La Costa Greens in particular, the HCP/OMSP required 18 1.09 acres of selected habitat be set aside permanently, a conservation easement be granted to the CDFG and the preserve area conveyed to an entity acceptable to the City, USFWS and CDFG to be maintained in perpetuity with the property owner providing an endowment perpetually assuring adequate maintenance and preservation funds. Additionally, an advisory committee consisting of the wildlife agencies, City and others will monitor and direct the maintenance and conservation efforts. Further, the property owner is to contribute $1 ,OOO,OOO to the acquisition of additional offsite gnatcatcher coastal sage habitat, which has been identified and purchased by the applicant to satisfy its obligation under the HCP/OMSP as well as assist the City in meeting its core area preservation requirements for its HMP as mandated by USFWS and CDFG as condition of approval and biological certification. In fact, the total Proposed Project would exceed the approved HCP/OMSP preservation onsite of quality upland habitat of 702 acres, plus off-site acquisition by permanently preserving a total of 834.9 acres, in addition to off-site acquisition. The permanent preservation of the onsite HCP Open Space, combined with the conservation easement and permanent operation and maintenance endowment and offsite gnatcatcher habitat contribution of additional core area, mitigates the impact to species of concern below a level of significance through the onsite and offsite selected habitat preservation and maintenance. The HCP/OMSP findings are incorporated herein by reference as further factual support and rationale. 2.4.2 Wetland Impacts - La Costa Greens. Impact. Significant direct impacts to wetlands regulated by the ACOE include the loss of 5.32 acres of wetlands and 1.03 acres of non-vegetated Waters of the United States regulated by the ACOE. Significant direct impacts to wetlands regulated by the CDFG include the loss of 5.61 acres of wetlands and 1.03 acres of non-vegetated Waters of the United States. (ACOE and CDFG acreages differ due to differences in their wetland definitions.) Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-4: Prior to issuance of grading permits in La Costa Greens, documentation shall be submitted to the City of Carlsbad verifying that necessary permits pursuant to $404 of the federal Clean Water Act from the ACOE, a 9401 waiver or certification from the California Regional Water Quality Control Board, and a $1603 Streambed Alteration Agreement from the CDFG have been obtained incorporating actual mitigation measures. Mitigation Measure 4.4-5: Impacts to wetlands within La Costa Greens, including all riparian habitats (5.61 acres using CDFG criteria), shall be mitigated at a 2:l ratio for a total of 11.22 acres. Impacts to non-vegetated waters (1.03 acres) shall be mitigated at a 1 :l ratio. A detailed wetland restoration plan shall be prepared by a qualified biologist that includes information regarding enhancement/restoration, maintenance and success criteria. This restoration shall take place on La Costa Greens south of the future alignment of Poinsettia Lane. If mitigation is initiated prior to project impacts, mitigation ratios may be reduced but would not CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 35 8/14/2001 fall below 1: 1 for wetlands and 0.5: 1 for non-vegetated waters as permitted by ACOE and CDFG in accordance with applicable standards. Factual Support and Rationale. Of the total of 19.13 acres of wetlands (as used herein, wetlands shall be inclusive of both ACOE and CDFG wetland areas), 12.78 acres or 66.8% are fully avoided by the Proposed Project through design modifications, including the realignment of Poinsettia Road through the site further to the north and reduction in road and shoulder width to avoid wetland impacts and other design/grading modifications. Of the total of 6.64 acres of wetlands impacted, a portion of which is degraded or have significant invasive vegetation adversely affecting their function. The required mitigation, in addition to obtaining the necessary Clean Water Act 404 and 401 permits and certifications from the ACOE and Regional Water Quality Control Board (RWQCB) and the 1603 permit from the CDFG, will require onsite creation and restoration of 11.22 acres of wetlands and an additional 1.03 acres of non-vegetated waters, thereby assuring no net loss to wetlands in terms of acreage or habitat value. The mitigation will proceed as directed by the City and permitting agencies (ACOE/USFWS, RWQCB and CDFG) and if approved by them, the mitigation ratios of 2:l for the 11.22 acres could be reduced if mitigation is in place and fully functioning before disturbance of existing wetland areas on site. Based on the evaluation of the quality of impacted wetland habitat, the limited impact to existing lower quality wetland onsite compared with the restoration and creation of additional higher quality wetland will result in an overall biological improvement to the wetland ecosystem on the La Costa Greens as a whole, by improving the quality and total acreage, eliminating invasive vegetation and improving the overall functionality of the wetland resource. 2.4.3 Sensitive Plant Species Impacts - La Costa Greens. Impact. Significant direct impacts to sensitive plant species include the loss of De1 Mar manzanita, thread-leaved brodiaea, summer holly, and Nuttall’s scrub oak due to these species’ high sensitivity. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-6: Significant direct impacts to the De1 Mar manzanita, summer holly, and Nuttall’s scrub oak within La Costa Greens shall be mitigated by the preservation of 88.8 acres of southern maritime chaparral on-site. This includes approximately 854 De1 Mar manzanita (83 percent), 1,085 summer holly (99 percent), and 640 Nuttall’s scrub oak (47 percent). Prior to the issuance of the first grading permit in La Costa Greens, 88.8 acres of on-site southern maritime chaparral shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Mitigation Measure 4.4-7: Significant direct impacts to the thread- leaved brodiaea shall be mitigated by preserving approximately 5,800 individuals (83 percent) within the HCP/OMSP open space on site. Prior to the issuance of the first grading permit in La CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “E&B” 36 8/14/2001 Costa Greens, approximately 212.6 acres of La Costa Greens shall be designated as HCPIOMSP land and shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. The selected 212.6 acres of onsite preservation will preserve 83 percent of the thread leaved brodiaea, 83 percent of the De1 Mar manzanita, 99 percent of the summer holly and 47 percent of the Nuttall’s scrub oak. While none of the 10 individual Orcutt’s brodiaea are preserved on site, a large amount, approximately 92 acres of the onsite preserved habitat is well suited for the Orcutt’s brodiaea, which is not a listed threatened or endangered species, but is regarded as a sensitive species of local concern. In addition, the contribution to offsite core area preservation further supplements the onsite preservation of these identified species. As the City has learned throughout its HCP/OMSP, HMP and MHCP efforts, the multi-habitat and multi-species programs must look at the wider biological significance of overall preserve design and cannot, in every instance, preserve every individual plant or animal. The HCP/OMSP targets 62 different threatened, endangered and sensitive species, endeavoring to protect the best examples and habitat for the protection and recovery as a whole. 2.4.4 Sensitive Animal Species Impacts - La Costa Greens. Impact. Significant direct impacts to sensitive animal species include the loss of coastal California gnatcatcher habitat and potential nesting/foraging habitat for raptor species. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-8: Significant direct impacts to loss of coastal California gnatcatcher habitat shall be mitigated through the Diegan coastal sage scrub mitigation program cited above as Mitigation Measure 4.4-l. Mitigation Measure 4.4-9: Significant direct and cumulative impacts to potential nesting areas for the northern harrier, loggerhead shrike, burrowing owl, and Coopers hawk shall be mitigated by preserving HCP/OMSP open space on site. Prior to the issuance of the first grading permit in La Costa Greens, approximately 212.6 acres of La Costa Greens shall be designated as HCP/OMSP land and shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCPIOMSP. Factual Support and Rationale. As with the preceding sections, the variety of sensitive, endangered or threatened animal species onsite were evaluated carefully as part of the overall HCP/OMSP preserve design. The Proposed Project actually will exceed the required on site preservation of 18 1.09 acres required by the HCP/OMSP, and will permanently protect, conserve and maintain and manage 212.6 acres in La Costa Greens, consisting of CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 37 8/14/2001 approximately 33.2 acres of Diegan Coastal sage scrub, 88.8 acres of southern maritime chaparral, 33.9 acres of grasslands and 4.5 acres of southern mixed chaparral. These onsite habitats, together with the offsite contribution for core area gnatcatcher habitat, are supportive of the nesting and foraging areas for the California gnatcatcher, loggerhead shrike, northern harrier, Coopers hawk and burrowing owl, onsite. Again, the principles of effective and biologically sound multi-habitat and multi-species preserve areas seeks to configure and link the core areas such that the 62 identified species may survive and recover overall and provide adequate genetic diversity and mixing to improve recovery attributes. 2.4.5 Upland Vegetation Impacts - La Costa Ridge/Oaks. Impact. Significant direct impacts to vegetation communities include the loss of Diegan coastal sage scrub (306.2 acres), riparian (0.38 acre), southern mixed chaparral (106.9 acres), non-native and native grassland (45.1 acres), and vernal pool habitat (4 pools; 0.05 acre). Within the Ranch0 Santa Fe Road realignment (which could be undertaken by the City under a previously certified EIR), significant direct impacts to vegetation communities include the loss of Diegan coastal sage scrub (20.9 acres), riparian (1.13 acres), southern mixed chaparral (10.5 acres), and non-native and native grassland (3.5 acres). Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-10: Significant direct impacts to Diegan coastal sage scrub within La Costa Ridge/Oaks shall be mitigated by a combination of on- and off-site preservation. Approximately 482 acres (59 percent) of the on-site coastal sage scrub shall be preserved within the HCP/OMSP open space. Prior to the issuance of the first grading permit in La Costa Ridge/Oaks, the 482 acres of on-site Diegan coastal sage scrub shall be offered for dedication to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Mitigation Measure 4.4-11: Significant direct impacts to southern mixed chaparral and grassland within La Costa Ridge/Oaks shall be mitigated by the preservation of 55.2 acres of southern mixed chaparral habitat and 28.6 acres of grasslands on the site. Prior to the issuance of the first grading permit in La Costa Ridge/Oaks, the 55.2 acres of southern mixed chaparral and 28.6 acres of grasslands shall be offered for dedication to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. The Ridge and Oaks have a combined, contiguous on-site HCP/OMSP Opens Space preserve area of 622.3 acres, which exceeds the preserve area required by the HCPIOMSP by 100.8 acres. As with all HCP/OMSP preserve areas, it will be burdened by a conservation easement in favor the CDFG and will be conveyed to a third party conservation entity to be maintained and managed in perpetuity for wildlife purposes under the direction of an advisory agency consisting of the City, USFWS and CDFG. CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 38 8/14/2001 The property owner will endow the maintenance and management funds as well. Of the 622.3 acres, it will consist of approximately 482 acres of coastal sage scrub, 55.2 acres of southern mixed chaparral and 28.6 acres of grasslands. The preserved habitats are in the biologically preferred locations and connect with the proposed core areas and linkages to the east, consistent with the design of the city HMP and regional MHCP programs, providing for travel and genetic integration generally. While not tied to either the Greens or Ridge/Oaks directly, the HCP/OMSP also requires the applicant to fund $150,000 to the City for its HMP program completion and an additional $50,000 for gnatcatcher research. The City has elected to, and the USFWS and CDFG have approved use of the $150,000 for additional core area acquisition of coastal sage scrub gnatcatcher habitat needed for the City HMP program. The result of these mitigation efforts is to preserve onsite and assist with offsite acquisition of substantial habitat preserves, to be perpetually managed and maintained for multi-species and multi-habitat conservation program purposes. The importance of these preserve areas and configurations are reflected in the HCP/OMSP Findings. 2.4.6 Wetland Impacts - La Costa Ridge/Oaks. Impact. Significant direct impacts to wetlands regulated by the ACOE and CDFG include the loss of 0.38-acre of wetlands and 0.69-acre of non-vegetated Waters of the United States. In addition, the loss of 1,960 sq. ft. of vernal pool habitat (0.05-acre) is a significant direct wetland impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-12: Significant direct impacts to 0.045-acre of vernal pool within La Costa Oaks shall be mitigated through preservation and creation or enhancement in the City of San Marcos at the Bent Avenue property. The mitigation parcel would entail the preservation of a minimum of 0.045-acre of existing vernal pool surface area and creation of new pools and/or enhancement of existing pools within the approximately 4.5- acre parcel. A detailed vernal pool mitigation plan shall be prepared by a qualified biologist that includes information regarding enhancement/restoration, maintenance and monitoring, and success criteria. Prior to issuance of the first grading permit in La Costa Oaks, the detailed mitigation plan shall be approved by the USFWS. Mitigation Measure 4.4-13: Prior to issuance of grading pennits in La Costa Ridge/Oaks, documentation shall be submitted to the City of Carlsbad verifying that necessary permits pursuant to $404 of the federal Clean Water Act from the ACOE, a $401 water or certification from the California Regional Water Quality Control Board, and a $1603 Streambed Alteration Agreement from the CDFG have been obtained. Mitigation Measure 4.4-14: Impacts to wetlands within La Costa Oaks, including all riparian habitats (0.38 acre), shall be mitigated at a 2:l ratio for a total of 0.76-acre. Impacts to non-vegetated waters (0.49 acres) shall be mitigated at a 1:l ratio. Mitigation shall occur in the south-central portion of La Costa Oaks within a restored creek channel immediately upstream of the conserved oak woodland. A detailed wetland restoration plan shall be prepared CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 39 8/14/2001 by a qualified biologist that includes information regarding enhancement/restoration, maintenance and monitoring, and success criteria. The restoration plan shall be approved by the USFWS prior to the issuance of grading permits in La Costa Oaks. If mitigation is initiated prior to project impacts, the mitigation ratio may be reduced but would not fall below 0.5:1. The wetland habitat restoration shall be initiated no later than the first planting season following issuance of the first grading permit in La Costa Oaks and after receipt of necessary state and federal agency approvals. Mitigation Measure 4.4-15. Impacts to non-vegetated waters (0. lo-acre) within La Costa Ridge shall be mitigated at a 1:l ratio. Mitigation shall occur in the south- central portion of La Costa Oaks within a restored creek channel immediately upstream of the conserved oak woodland. A detailed wetland restoration plan shall be prepared by a qualified biologist that includes information regarding enhancement/restoration, maintenance and monitoring, and success criteria. The restoration plan shall be approved by the USFWS prior to the issuance of grading permits in La Costa Oaks. If mitigation is initiated prior to project impacts, the mitigation ratio may be reduced but would not fall below 0.5: 1. The wetland habitat restoration shall be initiated no later than the first planting season following issuance of the first grading permit in La Costa Ridge and after receipt of necessary state and federal agency approvals. Factual Support and Rationale. With respect to the non-vernal pool wetlands, the Proposed Project has incorporated design modifications and changes to avoid impacts to 24.85 of the total of 25.865 acres of the combined ACOE and CDFG wetland habitats on site through project design features. Consequently, La Costa Ridge/Oaks development impacts only 1.02 acres of wetlands and non-vegetated wetlands in addition to the 0.05 acres of isolated and man made vernal pools discussed below. The modest wetland impacts will be fully mitigated through obtaining the required ACOE 404 permit, RWQCB 401 certification and CDFG 1603 permit in compliance with the applicable standards for those authorizations. Additionally, the city is requiring that the .38 acre wetland impact be mitigated onsite with 0.76 acres of wetland creation (2: 1 ratio) and the 0.49 acre nonvegetated wetlands be reestablished on site with a like amount (1: 1 ratio). The restoration plans shall be approved by the City and USFWS and monitored by each. With respect to the 0.05 acre on site vernal pool area, the biological reports establish that the vernal pool area in question is not natural, but the remnants of prior grading activity and of low quality, not supporting the SanDiego fairy shrimp or other threatened or endangered species. The City and applicant attempted to locate other nearby vernal pool habitat for offsite mitigation purposes, as suitable onsite habitat does not exist, but none was found. The best vernal pool habitat nearby is the Bent Avenue area in San Marcos and this area has high quality vernal pools with identified fairy shrimp populations and the pot mounding terrain associated with high quality areas. The Bent Avenue site is high on the USFWS protection list and the interests of species mitigation seems best served by requiring acquisition and permanent protection of at least a 0.045 surface acre vernal pool in the Bent Avenue reserve and creation of new pools and/or enhancement of existing pools within the 4.5 acre parcel. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 40 8/14/2001 2.4.7 Sensitive Plant Species Impacts - La Costa Ridge/Oaks. Impact. Significant direct impacts to sensitive plant species include the loss of Orcutt’s brodiaea. Within the Ranch0 Santa Fe Road alignment (which could be undertaken by the City under a previously certified EIR), significant direct impacts to sensitive plant species include the loss of San Diego golden star. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-16: 4.4-16: Significant direct impacts to Orcutt’s brodiaea and San Diego goldenstar shall be mitigated by preserving approximately 622.3 acres of La Costa Ridge/Oaks as HCP /OMSP open space on site. Prior to the issuance of the first grading permit in La Costa Ridge/Oaks, approximately 622.3 acres shall be designated as HCP/OMSP land and shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. The disturbance or impact to sensitive plant species on La Costa Ridge/Oaks is limited to10 individuals (plants) of Or&t’s brodiaea for the Proposed Project; it is also noted that the City’s Ranch0 Santa Fe Road realignment project will impact some 1,500 out of 1,900 San Diego goldenstar sensitive plant species. The extent of other sensitive plant species impacted are not considered significant because of the low sensitivity or small numbers impacted compared to the species onsite. The Orcutt’s brodiaea impacts and the San Diego goldenstar impacts are mitigated below a level of significance through the onsite preservation of 622.3 acres of perpetually maintained and managed HCP Open Space, which provide additional suitable habitat for the impacted plant species such that there survival and recovery are reasonably assured as these were part of the 62 species protected under the HCP/OMSP program and associated Findings. 2.4.8 Sensitive Animal Species Impacts - La Costa Ridge/Oaks. Impact. Significant direct impacts to sensitive animal species include the loss of habitat for the coastal California gnatcatcher, Cooper’s hawk and burrowing owl. In addition, although the San Diego fairy shrimp was not detected on-site, it is assumed that the vernal pools on-site provide adequate potential habitat for this sensitive species. Therefore, impacts to the vernal pool habitat would result in significant direct impact to the San Diego fairy shrimp, due to its potential presence of 0.045-acre of vernal pool habitat. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-17: Significant direct impacts to coastal California gnatcatcher habitat shall be mitigated through the Diegan coastal sage scrub mitigation program cited above as Mitigation Measure 4.4-10. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 41 8/14/2001 Mitigation Measure 4.4-18: Significant direct impacts to the San Diego fairy shrimp shall be mitigated through vernal pool mitigation program cited above as Mitigation Measure 4.4-12. Mitigation Measure 4.4-19: Significant direct and cumulative impacts to potential foraging and nesting areas for the burrowing owl and Coopers hawk shall be mitigated by preserving HCP/ OMSP open space on site. Prior to the issuance of the first grading permit in La Costa Ridge/Oaks, approximately 622.3 acres shall be designated as HCP/OMSP land and shall be dedicated to a third party and encumbered with a conservation easement in favor of the CDFG. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. Impacts to the coastal California gnatcatcher, Cooper’s hawk and burrowing owl are considered significant and have been mitigated through the onsite preservation of 622.3 acres of perpetually managed and maintained habitats suitable for these species. The Findings supporting the approved HCP/OMSP confirm that the USFWS and CDFG, as well as the City, has required sufficient onsite mitigation and habitat to reduce the impacts below a level of significance. Other species noted, such as the San Diego homed lizard, coastal whiptail lizard, San Diego black-tailed jackrabbit and desert woodrat will also be affected, but because of low sensitivity and the fact that the 622.3 acres are preserved onsite, these impacts would not be significant. It is additionally noted that some raptor foraging habitat would be lost and loggerhead breeding and foraging habitat would also be impacted, but again, the conclusions of the biologists, USFWS and CDFG under the HCP/OMSP Findings conclude that the low sensitivity of these species result in these impacts being less than significant. The 622.3 acres of native habitat preserved onsite will provide linkage with the offsite core areas acquired to the east as part of the HCP/OMSP. 2.4.9 Direct Impacts - Off-Site Poinsettia Lane Alignment. Impact. Significant direct impacts to vegetation communities include the loss of 1.6 acres of coastal sage scrub and 0.2-acre of non-native grassland. No significant wetland, sensitive plant, or sensitive animal species impacts would occur. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-20: If La Costa Greens is required to conduct grading for the off-site segment of Poinsettia Lane fkom the eastern Proposed Project boundary to El Fuerte Street, significant direct off-site impacts to 1.6 acres of Diegan coastal sage scrub and 0.2-acre of non-native grassland shall be mitigated in conjunction with the draft Carlsbad HMP. The project proponent shall provide for off-site acquisition at a ratio of between 1:l and 2:1, or shall pay a fee consistent with the draft Carlsbad I-IMP. The location of the off-site acquisition shall be determined in consultation with the USFWS. Mitigation requirements shall be satisfied prior to issuance of a grading permit for the off-site grading of Poinsettia Lane. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 42 8/14/2001 Factual Support and Rationale. Poinsettia Lane is an important link in the overall circulation road network for the City and will need to be completed concurrent with development. Its extension would impact 1.6 acres of coastal sage scrub and 0.2 acres of grasslands, which would be mitigated by the preservation of equivalent habitat at 1: 1 or 2:1 ratios as determined by the City in combination with the wildlife agencies applying the mitigation ratios utilized in the area. If the City HMP is finalized prior to the disturbance, it is possible that the impact could be mitigated through the anticipated fee program contained therein for impacts associated with circulation element roads as the City HMP sets aside large, interconnected habitat preserve areas. Alternatively, it will be mitigated as part of the Bressi Ranch habitat mitigation program. 2.4.10 Indirect Impacts. Impact. Potential construction-related noise impacts to the coastal California gnatcatcher would be considered a significant indirect impact in areas where gnatcatcher nests would be exposed to construction noise levels of 60 dbA CNEL or higher, during the nesting season. Urban edge effect impacts, including direct crushing of vegetation, plant collection, release of unwanted species, potential predation, fixed lighting and exotic species invasion could occur and would be considered significant where located adjacent to any of the preserved sensitive plant populations, sensitive animals (coastal California gnatcatcher and nesting raptors), or Diegan coastal sage scrub and riparian habitats. Long-term indirect development impacts include weed invasion, fire management, access control, anthropogenic disturbances and domestic pet predation could occur and would be considered significant where adjacent to sensitive vegetation communities, plant species, and animal species. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.4-21: Prior to and during construction activities, access barriers shall be established at key entry points to the site as determined by the Proposed Project’s construction manager and the City of Carlsbad to limit potential construction vehicle impacts. Mitigation Measure 4.4-22: Prior to the issuance of grading permits, the HCP/OMSP open space limits shall be marked in the field by the construction manager and the project biologist, who will ensure the installation of City Engineering Department Environmental Fence which will help to prevent disturbance during construction and to mark the open space limits. These limits shall be identified on the grading plan. Where disturbance to conserved habitat areas is unavoidable, the disturbance must be authorized by the City of Carlsbad and additional mitigation measures, if warranted, shall be approved by the City of Carlsbad prior to initiation of the disturbance. The project biologist shall monitor construction activities to ensure that conserved habitat areas do not receive excessive amounts of dust or other disturbances. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-Et” 1652724 v3 [Word] 43 8/14/2001 Mitigation Measure 4.4-23: Construction storage and staging areas shall be located as far from HCP/OMSP areas as possible. The construction manager shall assure that these areas are kept free from trash and other waste that may attract scavengers. Mitigation Measure 4.4-24 A/B: Prior to the issuance of a grading permit, a qualified biologist shall determine the presence or absence of occupied raptor nests on the affected area. Grading and construction which creates adverse effects to active raptor nests, including noise levels which would be above 60 dE3(A) at the nesting site, shall be restricted to 200 feet from any active raptor nest. This restriction shall be noted on all grading and construction plans. No grading or construction activities shall be permitted within 200 feet of the active nest(s) until the young have fledged. Mitigation Measure 4.4-25: If clearing or grading occurs during the gnatcatcher breeding season (February 15 to July 31), and noise levels exceed 60 dE3A hourly LEQ at the edge of the HCP/OMSP, measures to minimize noise impacts will be required, consisting of temporary six-foot high noise berms or other appropriate noise reduction methods. Mitigation Measure 4.4-26: During grading and construction near nesting sites noise levels will be monitored on a regular basis by a qualified biologist to ensure that noise levels are maintained at or below 60 dB(A). Mitigation Measure 4.4-27: Lighting shall be directed away from conserved habitat areas and shielded. Residential lighting shall be designed to not shine on conserved habitat areas. The lighting design shall be noted and graphically shown on construction building and landscape plans and shall be approved by the City of Carlsbad prior to the issuance of occupancy permits. Outdoor lighting restrictions for private residential lots located adjacent to the HCP/OMSP shall be noted in the Proposed Project’s CC&Rs. Mitigation Measure 4.4-28: Prior to the issuance of building permits, fuel management zones adjacent to the HCP/OMSP shall be installed in accordance with the Villages of La Costa Master Plan (2000) and shall be designed to minimize impacts to native vegetation. Mitigation Measure 4.4-29: Invasive plant species shall not be used in landscaping adjacent to conserved habitat areas. The landscape design shall be indicated on construction building and landscape plans and shall be approved by the City of Carlsbad. A list of such species shall be provided in the CC&Rs of the homeowners association. Mitigation Measure 4.4-30: Educational materials regarding the sensitivity of the HCP/OMSP shall be given to Proposed Project residents as part of the Project’s CC&F&. The materials shall state the importance of the conserved habitat areas and ways to avoid impacts to them. Mitigation Measure 4.4-31: An open space management advisory committee shall be established, composed of the Proposed Project master developer and representatives of the City of Carlsbad and resource agencies. The advisory committee shall identify an entity to prepare annual habitat management plans for the Proposed Project’s CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 44 8/14/2001 HCP/OMSP. On-going habitat management shall consist of monitoring, habitat restoration and enhancement, cowbird trapping, weed control, access control and maintenance, and public education. Conservation easement locations and habitat management and maintenance funds shall be approved in conformity with the approved HCP/OMSP. Factual Support and Rationale. The foregoing list of mitigation measures for indirect impacts to habitat and protected species have been developed over the years in the field, with the input of biologists, the USFWS and CDFG, and have proven successful in substantially limiting the collateral impacts. The access and grading/equipment barriers keep the construction equipment in the disturbance areas, rather than risking damage to the preserved habitat areas. Siting the staging, storage and materials areas some distance from the preserve habitat assists in reducing impacts as does the noise and lighting restrictions should there be nesting or adjacency impacts. The requirement that a qualified biologist approved by the City survey the area to assure that active raptor nests are not disturbed during the grading operation and the further requirement of noise level restrictions at the HCP Open space edges, including temporary 6 foot high noise barriers where warranted. Subsequent to construction, there is carefully designed and monitored fuel modification buffer areas to separate the developed areas from the HCP Open space, the types of plants and landscaping will also be controlled as will lighting programs. The residents and HOA’s will be provided educational information regarding interface with the habitat preserve areas to further mitigate edge effects. The HCP Open Space perpetual management and maintenance will be fully funded by the applicant pursuant to the HCP/OMSP and an advisory committee will be formed to oversee the management program and will consist of the City, the resource agencies (USFWS and CDFG) and others. This active oversight will assure that the HCP Open Space is effectively managed for the habitat and species protection purposes and will include weed control, cowbird trapping, access control and limitations, together with public education, all as needed, to effectively manage and maintain the total 834.9 acres of HCP Open Space preserved onsite throughout the Proposed Project. 2.5 Archaeological Resources. 2.5.1 Archaeological Resources Impacts -La Costa Greens Impact. Site CA-SDI-4846B is located in the southwestern portion of La Costa Greens and is designated for residential development. Because the site is potentially important under CEQA and the City’s CRG guidelines, impacts are regarded as significant. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.5-l: Prior to the issuance of grading permits in Neighborhoods 1.10 and 1.11 of La Costa Greens, the following measures shall be implemented. (a) The applicant shall provide verification that a qualified archeologist and/or archeological monitor has been retained to implement the archaeological construction CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 45 8/14/2001 monitoring program. This verification shall be documented by a letter from the applicant and the archeologist and/or the archeological monitor to the City. (b) A Treatment Plan/Research Design program shall be prepared by the applicant’s archaeological monitor and approved by the City prior to the issuance of a grading permit which identifies the research focus and sampling methods needed to acquire necessary site data. (c) An additional field investigation shall be conducted by the project’s archaeological monitor to test hypotheses that would place the resource within a cultural context. This shall include an excavation of up to 15 sample units and detailed mapping of the site components to record spatial data, and the submittal of at least one radiocarbon sample per site to establish some chronological association. If additional sampling of these sites demonstrates pervasive subsurface disturbance from historic land use practices, no additional excavation is required. (d) In the event that the site investigation provides indications that CA- SDI-4846B contains intact deposits with sufficient quantity, quality, and variety of artifacts applicable to important research, the sampling efforts should be expanded to explore these sites. Special studies such as ceramic analysis, obsidian sourcing and hydration, and flaked stone analysis should be included in the scope of work if indicated. (e) If warranted, a data recovery program shall be implemented that includes archival research to develop a context within which the physical attributes of the resource can be evaluated. Mitigation Measure 4.52A: A qualified archaeological monitor shall be on-site during initial grubbing and excavation grading of CA-SDI-4846B in Neighborhoods 1.10 and 1.11 of La Costa Greens to ensure the protection and proper identification of meaningful archaeological deposits or remains. This requirement shall be noted on the grading plan. Mitigation Measure 4.5-2B: In the event that significant cultural resources are discovered in Neighborhoods 1.10 and 1.11 of La Costa Greens, the archaeologist shall direct the project engineer to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially important resources. Factual Support and Rationale. Field archaeological surveys and examination of the extensive prior studies and investigations were undertaken as part of the ElR preparation and located five sites on La Costa Greens which are located in proposed disturbance or development areas. The field work confirmed that four of the sites were so disturbed or the record and evidence of the materials were unremarkable and not of important or unique archaeological significance. The one remaining Site #CA-SDE4846B will undergo further testing and recovery prior to the grading or disturbance and therefore, will fully protect and record the significance of the site and any artifacts or materials. Applying professional standards and procedures of an approved and licensed archaeologist, the investigation/recovery program may be expanded based on the significance of the findings. Further, during initial grading or clearing, an approved archaeological monitor will be onsite, with authority to halt further grading CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “E&B” 46 8/14/2001 and recover artifacts, or undertake additional testing, should initial work identify significant additional resources or locations. These mitigation procedures are consistent with standards developed by the City and other jurisdictions and have proven effective. 2.5.2 Archaeological Resources Impacts - La Costa RidgdOaks. Impact. Site CA-SDI-4498 Locus A, retains a sufficient amount of integrity to meet CEQA and CRG guidelines for importance. Because CA-SDI-4498 is located in an area proposed to be preserved in its natural state as HCP open space, the site would be undisturbed and direct impacts would not occur. Indirect impacts to this site may occur, however, due to the potential for increased use of this area by human population. A resource site discovered during the 1999 field study (LCRidge-1) is assumed to be important under CEQA and City CRG criteria. Impacts to this site would be considered significant and mitigation would be required. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.5-3: Site SDI-4498 shall be preserved. Prior to the issuance of occupancy permits in La Costa Ridge, areas surrounding the site shall be landscaped with native plant species with deterrent qualities to discourage casual foot traffic resulting from increased public usage of the area. The landscape plan shall be developed by a consultant with experience in landscape design that incorporates native species for the purpose of resource conservation and protection. The native plant Species selected by the landscape architect shall be compatible and in conformance with the HCP and, the landscape plan shall be approved by the City. Mitigation Measure 4.5-4: Prior to the issuance of grading permits in La Costa Ridge, a qualified archeologist shall conduct an archival search to determine the nature of site features, their age and association. Documentation of these features shall be completed with the goal of recording elements of their construction and appearance. Documentation should include the completion of high quality photographs and measured drawings which demonstrate the nature of construction and accurately reflect the appearance of these wall remnants. Factual Support and Rationale. Through the field investigations and surveys, four known sites were identified that might meet the criteria of significance or importance, and a new site (LCRidge-1) were identified. Of the four, only one site, CA-SD1 4498A demonstrated sufficient integrity or importance for further analysis and study. As it is actually located in a non-disturbance area, but near future development, indirect impacts might occur. Special native landscaping/vegetation is required around the site that has deterrent effects to discourage casual foot traffic. This passive approach is generally regarded as a sound approach, rather than fencing or signage, as the latter tends to attract, rather than discourage intrusion. The area will be managed as part of the HCP Open Space as well. As to LCRidge-1, an archival search shall be undertaken by an approved qualified biologist prior to any grading or disturbance and fully document the site with photographs, measured drawings and narrative to CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 47 8/14/2001 fully record and preserve the character of the wall remnants, including data regarding age and association. 2.5.3 Archaeological Resources Impacts - OfiSite Poinsettia Lane Alignment. Impact. CA-SDI-9846 is located on a small west-trending knoll near the southern boundary of the Bressi Ranch project area and within the alignment of the off-site Poinsettia Lane right-of-way, which is evaluated as a potential off- site improvement of La Costa Greens. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measures 4.5-5 A/B: An archaeological monitor shall be on- site during initial grubbing and excavation grading of CA-SDI-9,846 to ensure the protection and proper identification of meaningful archaeological deposits or remains, if any. The requirement for on-site archeological monitoring during grading shall be noted on the grading plan. In the event that cultural resources are discovered, the archaeologist shall direct the project engineer to divert or temporarily halt ground disturbance operation in the area of discovery to allow evaluation of potentially important cultural resources. The City shall be notified of any such finding. The importance of any discovered resources shall be determined by the archaeologist, in consultation with the City. The City shall respond to the evaluation within 48 hours and City concurrence shall be obtained before ground disturbing activities will be allowed to resume in the affected area. For important historical resources, a Research Design and Data Recovery Program shall be prepared. Factual Support and Rationale. One potentially significant site (CA- SDI-9846) was located within the proposed right of way. Prior to the initial grading or disturbance of the site, an approved and qualified monitor will be on site to halt grading and undertake appropriate evaluation and recovery, if warranted, such that the site is documented and if appropriate, significant artifacts recovered and protected, after which grading may resume. The city shall determine the significance of any items in consultation with the monitoring archaeologist and if deemed necessary, a Research Design and Data Recovery Program shall be implemented to fully catalogue the site before further disturbance. 2.6 Paleontological Resources. 2.6.1 Paleontological Resources Impacts. Impact. Implementation of the Proposed Project would have the potential for significant impacts to paleontological resources in all areas proposed for grading in the Terrace deposits, Torrey sandstone and Dehnar formation areas. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 48 8/14/2001 Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.6-l: Prior to issuance of a grading permit, the applicant shall provide verification that a qualified paleontologist and/or paleontological monitor has been retained to implement the monitoring program. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains who will be present during grading to identify them in the field and is adequately experienced to remove the resources for further study. Verification shall be by letter from the applicant and paleontologist and/or paleontological monitor to the City and approved by the City’s Planning Director. Mitigation Measure 4.6-2: The qualified paleontologist or paleontological monitor shall attend any preconstruction meeting to discuss grading plans with the grading and excavation contractor. The requirement for on-site paleontological monitoring shall be noted on the construction drawings. Mitigation Measure 4.6-3: The paleontological monitor shall be on site full-time during the initial cutting of previously undisturbed sensitive areas to inspect for well- preserved fossils. Monitoring may be increased or decreased at the discretion of the qualified monitor, in consultation with the City, and will depend on the rate of excavation, the fossil materials excavated and their abundance. Mitigation Measure 4.6-4: If well-preserved fossils are found, initial grading activities in the area of discovery shall be diverted, redirected or temporarily halted to allow evaluation and recovery of exposed fossils. The City shall be immediately notified and shall respond to the finding within 48 hours and shall approve salvaging procedures to be performed before initial grading activities are allowed to resume in the affected area. Mitigation Measure 4.6-5: Significant fossil remains shall be cleaned, sorted, catalogued, and then donated to a scientific institution that houses Paleontological collections. Mitigation Measure 4.6-6: A monitoring results report summarizing the results, analysis and conclusions of the above program, even if negative, shall be submitted to the City within three months following the termination of the paleontological monitoring program. Factual Support and Rationale. The geologic nature of the site creates the potential for paleontological resources being uncovered during grading operations. The mitigation measures require a monitoring program and approved qualified paleontological monitor be present during initial grading, and pregrading meetings, with authority to halt grading if resources are uncovered or evident during the grading process to look for well-preserved fossil remains or other significant items. If identified, then the City and the paleontologist will coordinate a salvage program before grading may resume in the fossil area. Through this process, and the cleaning, storage and contribution of any fossil remains to a museum or other depository, will protect any resources. These procedures, combined with a final report from the CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 49 8/14/2001 monitor, have proven to be an effective program for preservation and recovery, where appropriate. 2.7 Transportation. 2.7.1 Traffic in Year 2005. Impact. The addition of Proposed Project traffic and the construction of Proposed Project improvements in 2005 would result in a potential significant impact to the intersection of Melrose Drive/Rancho Santa Fe Road. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.7-l: If the planned reconstruction of the Melrose Drive/Rancho Santa Fe Road intersection is not completed with the widening of Ranch0 Santa Fe Road, the applicant shall improve or provide for the improvement of the Melrose Drive/Rancho Santa Fe Road (AM) (no. 18) intersection with an additional eastbound left-turn lane, prior to issuance of building permits or as determined by the City Engineer based on Year 2005 traffic model assumptions Mitigation Measure 4.7-2: Prior issuance of building permits for La Costa Greens, the applicant shall construct or provide for the construction of Poinsettia Lane from El Camino Real to the eastern project boundary. Mitigation Measure 4.7-3: Prior to the issuance of building permits for Neighborhoods 1.8 through and including 1.14 of La Costa Greens, the applicant shall construct or provide for the construction of Alicante Road from Poinsettia Lane to Alga Road. Mitigation Measure 4.7-4: Prior to the issuance of building permits for Neighborhoods 1.4 through and including 1.7 of La Costa Greens, the applicant shall construct or provide for the construction of Alicante Road from the northern project boundary to Poinsettia Lane. Mitigation Measure 4.7-5: Prior to the issuance of building permits for La Costa Ridge or La Costa Oaks or as determined by the City Engineer based on Year 2005 traffic model assumptions, the applicant shall construct or provide for the construction/realignment of Ranch0 Santa Fe Road from Mehose Drive to La Costa Avenue, if Ranch0 Santa Fe has not been previously constructed/realigned. Mitigation Measure 4.7-6: Prior to issuance of building permits for La Costa Greens or as determined by the City Engineer based on Year 2005 traffic model assumptions, the applicant shall provide a fair-share contribution of Carlsbad Traffic Impact Fees for impacts to the El Camino ReaVCamino Vida Roble (no. 6) intersection. The fees will pay for the construction of a dual right turn lane. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 50 8/14/2001 Mitigation Measure 4.7-7: The applicant shall construct or provide for construction of a southbound right turn lane at the intersection of El Camino Real/La Costa Avenue (unless previously completed by others). This improvement shall occur within the existing right-of-way and can be achieved through restriping. Factual Support and Rationale. [NOTE: The following preliminary comments regarding City standards, methodology and involvement in the traffic studies and analysis are equally applicable to the subsequent discussion of factual support and rationale for the succeeding findings on traffic and transportation impacts, but in the interest of brevity, will not be repeated each time.] In 1986, the City established a comprehensive Growth Management Program and ordinances to address the buildout of the City. Not only were land uses and densities of use evaluated and significantly reduced, but a critical part of the Program was establishment of citywide performance standards for public facilities, including traffic and transportation. By setting performance standards, then adequacy of facilities could be measured, and if performance standards were not being met, then projects significantly affecting those underperforming facilities could be conditioned, or phased, to require the facilities performance levels be assured before development could proceed. These performance evaluations are assured through the requirement that Local Facilities Management Plans be approved before development may proceed in the various development zones throughout the City. Underlying the performance standards is the principle that facilities must be provided for concurrent with the need generated by the subsequent development. As the Proposed Project is one of the few remaining larger infill areas in the La Costa portion of the City and represents the bulk of the land left for development in that area, special analysis was applied by City staff, planning and engineering, to confirm that the traffic assumptions and citywide traffic modeling program used for the analysis was the most current and complete. In that regard, the generally used SANDAG traffic models and assumptions were reviewed and updated for the Carlsbad and surrounding areas before the Proposed Project traffic modeling was run, such that the City would be confident of the resulting analysis and conclusions, and importantly, that the analysis was calibrated to reflect the currently anticipated City buildout under the Growth Management Program and General Plan. Among other things, it was required that the Proposed Project evaluate impacts to arterial or major intersections whenever the modeling demonstrated the Proposed Project would contribute 50 or more trips during either AM or PM peak hours as a consistently applied standard of impact, and in turn, the Citywide intersection performance standard of LOS D is applied consistently for all intersections within the Proposed Project’s influence area. The assumptions, methodology and rules for the study was established by the City before the study was undertaken so that reliable and consistent conclusions could be achieved. Additionally, over 300 pending and potential future projects were evaluated prior to undertaking the selected Year 2005,201O and 2020 impact scenarios and to determine what additions to existing traffic flows were likely or anticipated. In this effort, the study went far beyond the Carlsbad City limits and evaluated projects and conditions over a significant regional area. As Carlsbad is located along Interstate 5 and also includes many regionally significant and impacted major corridors such as Palomar Airport Road, Ranch0 Santa Fe Road and El Camino Real to name a few, the traffic loads and current and future background CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 51 8/14/2001 levels were calculated without regard to origin, whether it was local or regional traffic, In this way, the methodology and assumptions were targeted to provide the most accurate projections of impacts and areas of concern. The findings and results of all studies and reports were carefully reviewed by City Staff for accuracy and consistency. As part of the City Growth Management Program, the City enacted several traffic impact and improvement funding programs intended to generate funds to be used for area or citywide facilities. Those programs include the City CFD No. 1 Communities Facilities District, which includes all the Proposed Project. As new development occurs, it is required to pay special taxes to the City who then uses the taxes, or leverages future taxes to sell bonds, to finance a range of city facilities, including major roads. Additionally, the City has certain Traffic Impact Fee programs, that raise additional funding. The Traffic Impact Fee programs are coordinated with CFD No. 1 where applicable. For streets that largely serve only a particular development, the developer is required to construct and finance them outside the citywide fee programs. Finally, in certain circumstances such as the City’s Ranch0 Santa Fe Road realignment project, special funding programs may be established, or combinations of funding sources utilized. The La Costa Ridge/Oaks are included in the Ranch0 Santa Fe Road funding program that requires a $10,250 per single family residential unit (adjusted for multi-family and nonresidential) payment at final map in addition to the other citywide traffic fee programs. Year 2005 Traffic-La Costa Greens. Poinsettia Lane extension east of El Camino Real is needed to serve La Costa Greens, including the proposed park and school site. Therefore, its construction is required concurrent with development of La Costa Greens from El Camino Real to the eastern project boundary. Neighborhoods 1.8 through 1.14 take access off Alicante Road and its construction needs to be provided before building permits may be issued for those affected neighborhoods. Similarly, north of Poinsettia Lane, the construction of Alicante Road from Poinsettia northerly to the Project boundary is required before building permits are issued for Neighborhoods 1.4 through 1.7. The Camino Vida Roble intersection with El Camino Real will also be impacted by Proposed Project traffic and regional traffic and may need to be improved prior to 2005, based on the determination of the City Engineer. The Proposed Project will be required to contribute its fair share of impact fees to be used for the construction of dual right turn southbound lanes. Similarly, the intersection of El Camino Real and La Costa Avenue will be monitored by the City Engineer and when warranted, the Proposed Project will be required to provide, through restriping, an additional southbound right turn lane within the existing right of way if not already improved by others. Year 2005 Traffic-La Costa Ridge/Oaks. The main area of concern here is the City Ranch0 Santa Fe Road realignment project improvements and the intersection with Questhaven Road. It is anticipated that the City will commence construction of the Ranch0 Santa Fe Road realignment in Fall, 2001. However, if it is not underway or delayed, then the applicant will be required to cause the road to be constructed prior to the issuance of building permits for the Ridge/Oaks as determined by the City Engineer. The same requirement is mandated for the Ranch0 Santa Fe Road/Questhaven Road intersection, if that has not already been improved, to provide for an additional eastbound left turn lane as intersection performance warrants. These improvement requirements will be monitored by the City Engineer in accordance with the CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 52 8/14/2001 citywide intersection performance standards and improvements will be triggered when warranted. Intersection Outside Citv Jurisdiction. The detailed traffic study and modeling, however, shows that one intersection, Ranch0 Santa Fe Road and Linda Vista Drive in the City of San Marcos, will be cumulatively impacted by the Proposed Project traffic and other traffic and fail to meet the LOS D performance criteria applied by Carlsbad, unless improvements are made. Under CEQA Guidelines 15091, such mitigation measures are within the jurisdiction and responsibility of San Marcos, just as intersections within our city fall under our jurisdiction. The intersection should be improved by the City of San Marcos, as it appears it will not meet performance standards regardless of the Proposed Project’s direct impacts. It is the understanding of Carlsbad that future improvement of Ranch0 Santa Fe Road from Carlsbad to Highway 78 freeway is anticipated, and improvement plans have been prepared for several of the segments. 2.7.2 Traffic in Year 2010. Impact. The addition of Proposed Project traffic and the construction of Proposed Project improvements in 2010 would result in a significant direct impact to the first unsignalized access east of El Camino Real on Alga Road (Estrella de Mar). Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.7-8: The City shall monitor the first unsignalized access on Alga Road east of El Camino Real (Estrella de Mar) to determine whether major street volumes materialize or if side-street vehicles incur difficulties. If warranted, and as determined by the City Engineer, the applicant shall close the median break at the first unsignalized access on Alga Road east of El Camino Real (Estrella de Mar). Factual Support and Rationale. The traffic studies and modeling indicate that the projected future traffic along Alga Road, including Proposed Project traffic, may result in difficult or dangerous left turn movements tiom existing unsignalized Estrella de Mar to Alga Road westbound. As the distance between this intersection and El Camino Real does not permit an additional signalized intersection because of spacing and safety standards, the performance will be modified and the Alga Road median closed by the applicant, if the City Engineer determines that traffic requires limiting Estrella de Mar movements to right turns only. This would then require those wishing to head west on Alga Road or trying to get to El Camino Real, make a U-turn at the signalized Alga Road/Alicante road intersection, or travel southerly on Estrella de Mar a southerly existing signalized intersection with El Camino Real. 2.7.3 Traffic in Year 2020. Impact. The addition of Proposed Project traffic and the construction of Proposed Project improvements in 2020 would result in a significant impact to the intersection of El Camino ReaVPalomar Airport Road. Cumulative impacts would occur at several other CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 53 8/14/2001 intersections within the City where the Proposed Project would contribute greater than 20% of the projected traffic (the intersections are identified in the mitigation measures below) and to two intersections outside the City of Carlsbad. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance for all intersections within the City of Carlsbad, but not the intersections impacted outside the City limits, and there will remain a cumulative significant impact unless those intersections are improved by others. Mitigation Measure 4.7-9: Prior to issuance of building permits for land uses assumed to Occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, the applicant shall provide a fair-share contribution of Carlsbad Traffic Impact Fees for impacts to the El Camino ReaUPa1oma.r Airport Road (PM) (no. 4) intersection. The fees will pay for the construction of dual northbound and westbound right turn lanes at this intersection. Mitigation Measure 4.7-10: Prior to issuance of building permits for land uses assumed to occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, the applicant shall provide a fair-share contribution of Carlsbad Traffic Impact Fees for impacts to the El Camino Real/Faraday Avenue (PM) (no. 3) intersection. The fees will pay for the construction of an additional westbound right-turn lane at this intersection. Mitigation Measure 4.7-l 1: Prior to issuance of building permits for land uses assumed to occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, the applicant shall provide a fair-share contribution of Carlsbad Traffk Impact Fees for impacts to the El Camino Real/Palomar Airport Road (AM) (no. 4) intersection. The fees will pay for the construction of a right-turn overlap lane (RTOL) on the northbound and westbound legs at this intersection. Mitigation Measure 4.7-12: Prior to issuance of building permits for land uses assumed to occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, the applicant shall provide a fair-share contribution of Carlsbad Traffic Impact Fees for impacts to the Melrose Drive/Alga Road (PM) (no. 17) intersection. The fees will pay for the construction of an RTOL on the eastbound right-turn lane at this intersection. Mitigation Measure 4.7-13: Prior to issuance of building permits for La Costa Greens for land uses assumed to occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, the applicant shall provide a fair-share contribution of Carlsbad Traffic Impact Fees for impacts to the Ranch0 Santa Fe RoadIQuesthaven Road (AM) (no. 23) intersection. The fees will pay for the construction of an additional northbound thru lane and additional southbound left, thru, and right-turn lane at this intersection. Mitigation Measure 4.7-14: Prior to issuance of building permits for La Costa Ridge/Oaks for land uses assumed to occur between 2010 and 2020 by the traffic model and as determined by the City Engineer, and as a part of the Proposed Project (unless previously CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 54 8/14/2001 completed by others), the applicant shall improve or provide for the improvement of the El Camino Real/Alga Road (PM) (no. 8) intersection with a RTOL on the eastbound leg. Mitigation Measure 4.7-15: Prior to issuance of building permits and as a part of the Proposed Project (unless previously completed by others), the applicant shall improve or provide for the improvement of the Ranch0 Santa Fe/Mehose Drive (PM) (no. 18) intersection with an additional right-turn lane and a RTOL on the eastbound leg, which may require additional right-of-way. Mitigation Measure 4.7-16: Mitigation for the potentially significant traffic impact to La Costa Greens at the intersection of Alga Road and the first entrance east of El Camino Real (Estrella de Mar) for the Year 2020 shall be mitigated by Year 2010 mitigation measure 4.7-8 above. Factual Support and Rationale. A particularly busy and important intersection in the city for both local and regional traffic uses is the intersection of El Camino Real and Palomar Airport Road. It is projected that two additional improvements may be called for in the 2010-20 horizon, or as earlier determined by the City Engineer, and the Proposed Project is conditioned to contribute its fair share to these improvements, namely construction of dual northbound and westbound right turn lanes and a right turn overlap on the northbound and westbound movements. These improvements and the funding will be triggered when the City Engineer determines them to be necessary, but are expected in the designated time horizon. Similarly, as determined necessary by the City Engineer, the Proposed Project is required to contribute its fair share funding to the construction of an additional westbound right turn lane at the intersection of El Camino Real/Faraday Avenue. The identified improvements and payment of the Proposed Project’s fair share to intersection performance for Melrose Drive/Alga Road, further improvements to Ranch0 Santa Fe Road/Questhaven Road, El Camino Real/Alga Road, and Ranch0 Santa Fe/Mehose Drive, will also assure the performance of these intersections will meet the performance standards. Because the time horizon of 2010-20 is somewhat speculative, the intersections will be monitored by the City Engineer in the intervening time and will be able to trigger the fair share contribution when necessary. As to the two intersections outside the city, namely, Ranch0 Santa Fe Road intersections with Linda Vista and Grand Avenue, both in the City of San Marcos, the City of Carlsbad does not have jurisdiction and under CEQA Guidelines 15091, the responsibilities are those of the City of San Marcos, and should be undertaken by them. Carlsbad understands that the City of San Marcos does have future improvement plans for Ranch0 Santa Fe Road from Carlsbad to Highway 78, including the subject intersections. 2.8 Noise. 2.8.1 On-Site Vehicular Noise. Impact. Vehicular noise on El Camino Real, Poinsettia Lane, Alga Road, Alicante Road, El Fuerte Street, Mehose Avenue and Ranch0 Santa Fe Road has the potential to significantly impact proposed residential uses located adjacent to these roadways. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIFGB” 1652724 v3 [Word] 55 8/14/2001 Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.8-l: Prior to determining that a discretionary review application is complete, an acoustical analysis shall be provided to the Planning Department for all residential and non-residential projects for neighborhoods located directly adjacent to El Camino Real, Poinsettia Lane, Alga Road, Alicante Road, El Fuerte Street, Melrose Avenue, or Ranch0 Santa Fe Road. The subsequent acoustical analysis shall be prepared by a qualified acoustician, and shall identify all necessary noise control requirements on building and site plans necessary to meet the City of Carlsbad interior residential standard of 45 dB CNEL and exterior standard of 60 CNEL, or, as applicable, City of Carlsbad non-residential interior and exterior noise standards for sensitive receptors as identified by the City of Carlsbad Noise Guidelines Manual. The consulting qualified acoustical analyst/acoustician shall provide verification in writing on the project plans that these requirements are met. Building permits for development adjacent to these roadways shall not be issued until the subsequent noise report acoustical analysis is accepted by the City of Carlsbad Planning Department. If architectural features are needed to achieve the interior noise standard, such features shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. All noise level reduction architectural components shall be shown on the architectural building plans, and shall be approved by the City’s Planning and Building Departments prior to the issuance of building permits. Factual Support and Rationale. For new development, the City requires that exterior and interior noise levels be addressed through a combination of architectural, design and landscaping features that reduce the noise levels to the indicated levels. This approach, based on acoustical studies and modeling, has proved an effective way to address noise impact concerns for new development neighborhoods. The reliance on acoustical studies and incorporation of measures prior to the issuance of building permits for the affected homes have proved successful. 2.8.2 Off-Site Vehicular Noise. Impact. The Proposed Project’s three dB contribution to the existing vehicular noise south of La Costa Greens where existing single-family homes have direct street frontage on Alga Road is considered cumulatively significant. Finding. No feasible measures are available to mitigate this cumulative impact and the cumulative impact remains cumulatively significant and unmitigable. Factual Support and Rationale. The existing noise levels along the south side of Alga Road and the resulting impact on multi-family and single family residences is a diffkult problem. Individual single family yards and driveways exit directly onto Alga Road between El Camino Real and Alicante Road, and two story condominium units have close CEQA Findings of Facts and Statememts of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 56 8/14/2001 proximity to travel lanes. The existing road noise exceeds the 45 dB CNEL interior and 60 dB CNEL exterior standards at various times during the day fi-om traffic. The City General Plan Noise Element Policy C.8 states: “Recognize the mitigation of existing or future noise impacts from Circulation Element roadways, AT&SF railroad or McClellan-Palomar Airport for existing or future development within the City, shall not be funded by the City. However, the City shall assist applicants with processing of necessary permits for mitigating noise on private property, which permits may include right-of-way permits, encroachment permits, retaining wall permits and zoning variances. The City shall also assist property owners in the establishment of assessment districts, to fund noise mitigation improvements, in accordance with established City policies and procedures.” The number of exiting driveway cuts and the fact that two story condominium homes front Alga Road preclude use of sound walls as the “driveway breaks” and height do not substantially block the road noise based on the acoustical studies and analysis, resulting in no effective means of significantly lessening the existing noise levels. Further, the incremental contribution of the Proposed Project, less the 3 dB ( which is undetectable to the human ear) does not justify the imposition of mitigation on the Proposed Project directly, as to do so would be disproportionate to its impacts and is tmauthorized. Regrettably, this is a condition for which no effective mitigation presently exists. However, pursuant to Policy C.8 noted above, should the affected property owners wish to independently pursue a resolution, then the city would facilitate as indicated. In the past, there has not been a uniform or generally accepted remedy presented by the affected properties. Elimination of impacted homes and condominiums is not a feasible alternative. 2.8.3 Aircraft Noise. Impact. Residences located within the McClellan-Palomar Airport Influence Area could be subject to significant aircraft noise. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.8-2: New residents within the McClellan-Palomar Noise Impact Notification Area as defined by the CLUP shall be notified as part of the sales disclosure package and through CC&&s that the project area is outside the 65 db(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. Mitigation Measure 4.8-3: The following condition of approval shall be placed on all projects within the McClellan-Palomar Airport Noise Impact Notification Area: “Prior to the recordation of the first final (tract/parcel) map, or the issuance of the building permits, whichever occurs first, the Developer shall prepare and record a notice that the property is subject to overflight, sight and sound of aircraft CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 57 8/14/2001 operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney. (See Noise Form #2, on file in the Planning Department)” Factual Support and Rationale. Some of the future residents in La Costa Greens will be within the “McClellan-Palomar Noise Impact Notification” area as defined in the Airport Land Use Plan. Consequently, prospective home purchasers will be notified in writing that the home is subject to intermittent single event noise impacts from airport operations through the use of sales materials, written disclosure programs and through the CC&R’s in accordance with the City’s policy and standards. Additionally, prior to any final tract map in an affected area, the developer must record against the property a notice to the effect that the property is subject to overflight, sight and sound impacts from the airport operations. By imposing these requirements, future homebuyers are notified in advance of their purchase as to the airport proximity and related noise and overflight potential so they can make an informed determination whether to proceed with the purchase. 2.9 Air Quality. 2.9.1 Construction-Related Equipment. Impact. Significant construction related equipment and mobile source emissions would occur for the specific pollutants Carbon Monoxide (CO) and Nitrogen Oxides (NW Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.9-l: Prior to the issuance of grading permits, the applicant shall prepare and submit for approval a trip reduction plan to the Planning Department which is designed to achieve a 1.5 AVR (average vehicle ratio) for construction employees. Such plan may include a construction employee shuttle service. Mitigation Measure 4.9-2: Grading and building contractors shall indicate on all grading and building plans the source of electricity to be used during construction. Prior to issuance of grading and building permits, electricity sources shall be reviewed and approved by the Planning Department. When available as a viable option during construction, as determined by the Engineering Department, electricity shall be used from power poles whenever feasible rather than temporary gasoline or diesel power generators. See also Mitigation Measure 4.9-3 below requiring the use of methanol, natural gas, propane or butane powered onsite mobile equipment when feasible, instead of diesel or gasoline powered. Factual Support and Rationale. In addition to standard equipment and vehicle pollution equipment requirements, the City will require a trip reduction plan to reduce construction related vehicle trips. By reducing the number of vehicle trips by increasing the occupancy to a 1.5 AVR, the construction related vehicular trips will be reduced resulting in effective mobile source reductions. The requirement that gasoline or diesel powered electrical CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 58 8/14/2001 generators be avoided will further reduce diesel and gasoline emissions from grading or construction operations. The requirement that the type of equipment be submitted for prior Planning Department approval will further reduce gasoline and diesel emissions where alternative, less polluting fuels and equipment can be substituted. 2.9.2 Construction-Related Fugitive Dust Impacts. Impact. Significant short-term fugitive dust impacts (PM,lO) would occur during grading of the Proposed Project site. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.9-3: Prior to issuance of grading permits, the grading contractor shall submit an inventory of the on-site mobile construction equipment to the Planning Department. The inventory shall indicate the number and type of vehicles, including the type of fuel used in each vehicle. Methanol, natural gas, propane or butane-powered on-site mobile equipment shall be used when feasible, rather than diesel or gasoline. Mitigation Measure 4.9-4: Prior to approval of grading permits, an accelerated construction dust abatement management program shall be prepared and submitted to the City of Carlsbad for approval. The dust abatement program shall be made a condition of the grading permit and shall be monitored by the City Public Works Inspector through periodic inspection during grading. Dust abatement should consist of, but not be limited to, the following measures. a. In disturbed areas and on manufactured slopes, groundcover shall be replaced within 30 days following the completion of grading activities. b. Areas graded flatter than 6:l and not scheduled for improvement within 6 months of completion of rough grading shall be planted with a cover crop or covered with jute mesh in conformance with Section E.3-1.2-2.1 of the City Landscape Manual. C. Exposed stockpiles (i.e., gravel, sand, and dirt) with 5% or greater silt content shall be enclosed, covered, watered twice daily, or applied with non-toxic soil binders according to manufactures’ specification. d. Areas being actively graded shall be watered twice daily e. All excavating and grading operations shall be suspended when wind speeds exceed 25 mph as measured at the Oceanside Station of the National Weather Service. It shall be the responsibility of the grading contractor to ascertain and record daily wind speeds during the grading process. These records shall be available for inspection by the Public Works Inspector. f. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 59 8/14/2001 top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23 114. g- Paved streets shall be swept at the end of each working day if visible soil material is carried onto adjacent public paved roads (recommended water sweepers with reclaimed water) h. Unpaved roads, parking areas and staging areas shall be watered three times daily or non-toxic soil stabilizers shall be applied to these areas according to manufactures’ specification. i. Posted traffic speeds on all unpaved roads shall be 15 mph or less. i Construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles shall be paved. Paving may include gravel. k. Construction access roads shall be paved or graveled at least 100 feet onto the project site from the main road. Factual Support and Rationale. The foregoing fugitive dust and dirt remedies will be effective in reducing air born dust and particulate emissions from grading operations. The combination of onsite watering, sweeping of pavement, load requirement limitations, surfacing onsite construction roads with controlled trip frequencies and suspension of grading activities when winds exceed 25mph have proven to be effective in mitigating construction dust and particulate emissions. 2.9.3 Mobile Source Emissions. Impact. The proposed Project would generate 36,620 ADT. Mobile emissions would be below significance thresholds, with the exception of CO and NOx. Finding. No feasible measures are available to mitigate this cumulative impact and the cumulative impact remains cumulatively significant and unmitigated. Factual Support and Rationale. The reliance on the automobile for the future household primary mode of transportation , given the entire San Diego air basin’s non- attainment status, makes the incremental contribution from the Proposed Project to be cumulatively significant. While the air quality in the region has been improving, the overall resolution will need to wait cleaner burning, or less polluting, modes of personal transportation, and shifting the travel patterns from single occupancy vehicles to carpooling, bus, bicycle and walking modes. This represents as much a cultural as well as facility shift, but cannot realistically be fully implemented with this Proposed Project. The Proposed Project does incorporate bike lanes, bus stops and a range of hiking and walking trails in addition to sidewalks. Its proximity to employment centers and recreation opportunities will also serve to reduce overall driving distances as will the location of the multi-family housing near the transportation and employment centers. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 60 8/14/2001 2.9.4 Residential Fixed Emission Impact Potential. Impact. The burning of wood in fireplaces could exceed allowable PM10 generation thresholds. This could result in a potentially significant cumulative impact. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.9-5: Gas-burning fireplaces shall be offered to homebuyers as a home-buying option as an alternative to wood-burning fireplaces. Factual Support and Rationale. Requiring natural gas burning fireplaces as an option to wood burning will reduce the particulate emission potential from the project by substitution a cleaner burning fuel alternative. 2.9.5 Emission Levels from Architectural Coatings and Treatments. Impact. The use of paint products and coating compounds are known contributors of VOC’s and their use considered a potentially significant impact. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.9-6: The building contractor shall indicate on the building plans the type(s) of paint to be used. Prior to issuance of building permits, paint types shall be reviewed and approved by the Building Department. When available as a viable option as determined by the Building Department, water based paints shall be utilized rather than conventional solvent based solutions. When available as a viable option as determined by the Building Department, powder coatings (where applicable) and zero-emission paints shall be utilized. Factual Support and Rationale. Controlling the volatile organic compound emission from paints through regulation of paint types at the building permit stage will result in lower emission levels. 2.10 Geology/Soils. 2.10.1 Seismic Earth Shaking and Surface Rupture. Impact. Although no active faults are located within the Proposed Project site, a major earthquake on the nearby Elsinore or Rose Canyon Faults could cause moderate to severe shaking at the site. Based upon the underlying geology of the site, lurching or cracking of the surface due to distant seismic events is not considered a significant hazard, but is a possibility at the site. The seismic risk for the Proposed Project area is not considered to be significantly different from that of other similar properties in the Southern California area, and the subsurface CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 61 8/14/2001 investigations conducted for the sites concluded that from a geologic standpoint, the property is suitable for development as proposed. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.10-l: Prior to issuance of building permits, the City shall review and approve all construction documents to ensure adherence to the applicable foundation recommendations contained in the geotechnical report (the geotechnical report to be used shall be the most current report on-file with the City at the time of building permit application). Factual Support and Rationale. Extensive soils testing and geologic investigation is required and as part of the building permit approvals, the structural and foundation requirements and recommendations shall be satisfied. This requirement is in addition to Uniform building Code and other structural and earthquake requirements contained in state or local regulations. 2.10.2 Landslide Potential. Impact. Several landslide features are located within the Proposed Project area. Areas of the Project where grading is proposed, in the vicinity of landslide debris and/or the relatively weak clay stones of the Dehnar Formation, proposed cut slopes may be unstable. This is regarded as a potentially adverse and significant impact. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.10-2: Prior to the commencement of grading in areas containing landslides, a new geotechnical study shall be performed to investigate the depth and extent of on-site landslides. The study shall determine the geometric limits of the landslides and the appropriate technique for stabilization of the slides. In addition, the geotechnical investigation should address such items as the numerical factor-of-safety of existing and proposed slopes, proposed slope stabilization recommendations, removal and recompaction of existing fills, foundation recommendations, bridge structure foundation, and a slope maintenance program. The geotechnical studies shall be submitted to and approved by the City prior to the issuance of grading permits. Prior to the issuance of grading permits, the City Engineer shall review and approve all grading plans and require that grading will be performed in accordance with the geotechnical investigation. Factual Support and Rationale. The requirement that further focused studies be undertaken in areas where the existing soils and geologic investigations suggest landslide potential will reduce the adverse risk by requiring specific engineering measures and precautions to avoid problems, or to assure that any problem area is fully remedied. The city CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “E&B” 1652724 v3 [Word] 62 8/14/2001 Engineer will assure that all grading plans address the areas of concern and conform to the geotechnical studies. 2.10.3 Soils. Impact. The Proposed Project site would be subject to potentially significant project-related erosion impacts. Isolated areas of the site contain landslide debris, alluvium, fill, topsoils and slopewash which are not considered suitable for direct support of structural loads in their present condition, resulting in a potentially significant stability impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.10-3: Prior to the placement of structural fill or fill loads, all compressible soils, topsoil, slopewash, alluvium mantle and landslide debris shall be removed and/or recompacted to the satisfaction of the City Engineer and in accordance with uniform engineering standards. Drained buttress and stability fills shall be required to stabilize slopes underlain by potentially unstable geologic features. Mitigation Measure 4.10-4: All potentially compressible topsoils and alluvium in areas of proposed development not removed by planned grading shall be removed to firm natural ground and/or properly compacted prior to placing additional fill. Prior to the issuance of grading permits, the City shall review and approve all grading plans to ensure adherence to this requirement. Factual Support and Rationale. The standards for grading, based on the geotechnical investigations and soils reports, as approved by the City engineer will assure that sound engineering and grading techniques are applied in the field to assure that grading will be properly compacted, placed and slide debris corrected. Regular inspections by the City and professional geotechnical onsite supervision has proven effective in avoiding grading problems. 2.10.4 Erosion. Impact. Development of the Proposed Project would include grading activities which would remove vegetative cover, thereby exposing soils to increased runoff and leading to greater erosive potential. Erosion potential is considered substantial when more than 20 acres of soils, having high erosion characteristics, are left bare after clearing and/or grading. Therefore, erosion is a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.10-5: The following erosion control features shall be implemented as part of the La Costa Greens Master Tentative Map: CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 63 8/14/2001 a. The Master Tentative Map (Master TM) for La Costa Greens shall use a minimum of three temporary desiltation basins during site grading and construction. Each of the basins shall be designed to accommodate projected sediment influx from associated drainage areas. These basins shall be installed prior to site grading to trap sediment eroded during and after construction, thereby preventing sedimentation of the on-site tributary to San Marcos Creek and downstream areas. b. The temporary desiltation basins shall be removed after completion of construction, and erosion-control landscaping shall be established to the point that downstream erosion and sediment transport meets regulatory standards. Mitigation Measure 4.10-6: The following erosion control features shall be implemented as part of the La Costa Ridge/Oaks Master Tentative Map: a. The Master Tentative Map (Master TM) for La Costa Ridge and La Costa Oaks shall use a minimum of 38 (21 La Costa Oaks, 17 La Costa Ridge) temporary desiltation basins during site grading and construction. Each of the basins shall be designed to accommodate projected sediment influx from associated drainage areas. These basins shall be installed prior to the commencement of grading to trap sediment eroded during and after construction, thereby preventing sedimentation of San Marcos Creek, Encinitas Creek and downstream areas. b. The temporary desiltation basins shall be removed after completion of construction, and erosion-control landscaping shall be established to the point that downstream erosion and sediment transport meets regulatory concerns. C. In addition to the temporary desiltation basins, the La Costa Ridge/Oaks shall include four permanent detention basins located along key drainage areas between the site and San Marcos Creek and/or the unnamed tributary of Encinitas Creek. These basins shall range in capacity from approximately two acre-feet to 45-acre-feet. While primarily intended to control flow volumes, these basins will settle out eroded material from runoff leaving the site. Mitigation Measure 4.10-7: Before beginning any construction activities that would modify the drainage pattern on the property, all applicable federal, state, and local permits shall be obtained. Such permits include the National Pollution Discharge Elimination System (NPDES) permit from the Regional Water Quality Control Board (RWQCB). Mitigation Measure 4.10-k The following Best Management Practices (BMPs) shall be implemented to mitigate pollution from construction activities to the receiving streams: a. Practice Good Housekeeping - perform activities in a manner that keeps potential pollutants from leaving the site by managing pollutant sources and modifying construction activities. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “E&B” 1652724 v3 [Word] 64 8/14/2001 b. Contain Waste - dispose of all construction waste in designated areas and keep storm water from entering or leaving these areas. c. Stabilize Disturbed Areas -provide temporary stabilization of disturbed soils whenever construction is not occurring on that portion of the site. Provide permanent stabilization after fine grading operations and landscape the site. d. Control Site Perimeter- runoff from the project site should be free from excessive sediment and other pollutants. e. Control Internal Erosion - detain waters that contain sediment and other pollutants from the disturbed areas of the site. Mitigation Measure 4.10-g: Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City’s grading and erosion control requirements (Municipal Code $15.16. et. seq.). The locations of all erosion control devices shall be noted on the grading plans. Mitigation Measure 4.10-10: All grading permits issued authorizing grading during the rainy season (November 16th of any year to April 14th of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. Mitigation Measure 4.10-11: All slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City as approved by the City Engineer. Mitigation Measure 4.10-12: All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. Mitigation Measure 4.10-13: Subdrains shall be placed under all fills located in drainage courses and at identified or suspected potential seepage areas observed during grading. Subdrain locations shall be noted on the grading plans. Factual Support and Rationale. Extensive engineering analysis has gone into the preparation of grading plans and programs to prevent siltation from entering natural drainage areas, including San Marcos Creek, Encinitas Creek and of course, Batiquitos Lagoon into which both creeks ultimately flow. The Proposed Project has incorporated the newest point source stormwater pollution and sedimentation prevention standards recently enacted by the Regional Water Quality Control Board and will fully comply with those standards as well as those of the City. Combinations of facilities will be employed throughout the course of construction to prevent siltation and other unacceptable runoff, and permanent sedimentation CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 65 8/14/2001 basins and water quality control basins will be constructed and permanently maintained through the respective homeowner associations such that the facilities will continue to capture the first approximately .6 inches of surface runoff, settle and clean the “first flush” through mechanical or natural means in the sedimentation basins or water quality basins such that siltation and urban pollutant loads, such as tire residue, fertilizers, oil, gasoline and insecticides concentrations are reduced below the Clean Water Act water quality standards form point source stormwater pollution as established by the Regional Water Quality Control Board. In the city, the Proposed Project is one of the first to come forward and include in their Project design the new stormwater discharge standards. These standards are among the toughest in the State and are enforceable by the City and the RWQCB as well. Compliance is assured through onsite inspections, particularly in the grading and construction phases when sedimentation runoff risks are the greatest. The City requires sedimentation control plans as part of the grading permit approval process and these sedimentation plans are supported by qualified surety performance bonds or otherwise secured such that financial assurances are in place to guarantee the control plans will be effective. 2.10.5 Groundwater. Impact. Numerous water seeps are located along the northern and eastern boundary of La Costa Greens. A permanent groundwater table was observed within alluvium and alluvium/terrace deposits in the San Marcos Creek drainage in La Costa Ridge/Oaks, and a tributary to Encinitas Creek within La Costa Oaks. Grading and construction in these areas poses a potentially significant impact to groundwater. Finding. With the incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.10-14: Periodic observations shall be made by the soil engineer or engineering geologist during grading and/or construction for the presence of groundwater. Removal of colluvial, alluvial and undocumented fills and the placement of a “canyon” subdrain within the bottom of the removal areas shall be undertaken to reduce the potential for groundwater build-up within the canyon fills. Prior to the issuance of building permits for the project, the soil engineer or engineering geologist shall submit in writing to the City Engineer verification that the Proposed Project has complied with the requirement to conduct periodic groundwater observations and any necessary remedial measures per the project’s geotechnical report. Factual Support and Rationale. Part of the grading and improvement plans and City inspection programs, include protection of any ground water resources encountered, or likely to be encountered , on the site. Special subdrains, lateral drains and other drainage facilities are incorporated into the final grading to protect any groundwater resources. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 66 8/14/2001 2.11 Hydrology, Water Quality & Drainage. 2.11.1 Drainage Patterns. Impact. The proposed Project would not create uncontrolled runoff or substantially modify existing drainage patterns. The development of natural areas will cause an increase in the amount of runoff as a direct result of creating impervious surfaces which may create a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.11-1: In conjunction with the implementation of any tentative subdivision map, the project engineer will install or cause to be installed, detention facilities, an underground drainage system network and curbs and gutters that capture and direct storm water flows. Such improvements shall be developed in substantial conformance with the Conceptual Drainage Plan provided within the Villages of La Costa Master Plan (2000) and shall be designed by a registered civil engineer and meet all regulatory standards. Mitigation Measure 4.11-2: Prior to the recordation of any final map, issuance of a grading permit or building permit, for any specific subdrainage area within the Proposed Project, the drainage area fee established in the current Drainage Master Plan shall be paid or assured through an agreement. Mitigation Measure 4.11-3: Prior to the recordation of any final map, issuance of a grading permit or building permit, whichever occurs first, the construction of storm drain facilities in substantial conformance with those provided for within the proposed Zone 10 LFMP shall be paid or assured through a financial guarantee for that development phase within La Costa Greens in which the improvement is necessary. Factual Support and Rationale. The City assures that drainage patterns will not be significantly changed and adversely impacted through a series of measures. First, drainage area fees are assessed at final map stage to assure the financing source for city wide stormdrain facilities that are located offsite of the project. These public stormdrain systems are maintained by city. Additionally, through the Engineering Department, onsite stormdrain systems and other improvements elsewhere are reviewed as part of the subdivision improvement engineering plans and specifications to assure adequate drainage facilities will be incorporated into the Project. With the addition of the detention basins and water quality basins designed into the Project, and careful review of the grading and improvement plans, surface water and drainage patterns are protected. 2.11.2 Groundwater. Impact. Grading and construction of the Proposed Project would have the potential to impede the natural flow of underground water. Any substantial decrease in subsurface flow would be considered a significant impact. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 67 8/14/2001 Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.11-4: In conjunction with the implementation of any tentative subdivision map, sub drains or other engineering solutions that relieve the potential for buildup of hydrostatic pressure and directs water flow to suitable outlets shall be installed. Such subdrains or other engineering solutions shall be provided in conformance with the City’s Grading Ordinance and shall be designed by a registered civil engineer and meet all regulatory standards. Mitigation Measure 4.11-5: In conjunction with the implementation of any tentative or final subdivision map for Neighborhoods 2.1,2.2, or 2.5 of La Costa Ridge, the City’s Engineering Department shall verify that the improvement plans call for appropriate Best Management Practices (BMPs) and facilities to minimize any adverse impacts to down gradient property owners as recommended by a professional registered civil engineer and geologist. Such facilities include a combination of storm drain systems, brow ditch systems on graded slopes, cutoff drains, backdrains, and subdrains, consistent with the City’s Grading Ordinance. Factual Support and Rationale. Two elements are involved here. As a general proposition, grading and drainage plans are reviewed by the City Engineering Department to avoid hydrostatic buildup in order to permit subsurface drainage to continue to percolate in controlled areas to add to existing groundwater resources, coordinated with the surface water control mechanisms and structures. However, a preexisting subsurface seepage condition exists in some of the homes down gradient to the northeast from future Neighborhoods 2.1,2.2 and 2.5. This condition is being addressed in two ways by the Proposed Project so as not to exacerbate the condition. First, the natural drainage area, or watershed acreage, that drains toward the existing homes will be reduced as a result of the grading and surface drainage design and program. Second, the Engineering Department will verify the grading and drainage plans and improvements employ best management practices, and where appropriate, include stormdrains, brow ditch systems, cutoff drains and subdrains as appropriate based on professional engineering and geology recommendations. 2.11.3 Sedimentation and Erosion (Surface Water Quality). Impact. The Proposed Project would have a cumulative short-term water quality impact to San Marcos Creek and Batiquitos Lagoon. Sediment carried by runoff from the project site to the above waterways would be considered a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.11-6 A/B/C: Development conducted under the auspices of the Proposed Project shall comply with all requirements of State Water Resource Control Board (SWRCB) Order No. 90-42 (NPDES Permit No. CO108758) and the most current order. In accordance with such permits, a Storm Water Pollution Prevention Plan (SWPPP) and CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 68 8/14/2001 a Monitoring Program Plan shall be developed prior to the issuance of grading permits, and a complete and accurate Notice of Intent (NOI) shall be filed with the SWRCB meeting all regulatory standards. A copy of the acknowledgment from the SWRCB that an NOI has been received for the Proposed Project shall be filed with the City when received. A copy of the completed NO1 from the SWRCB showing the construction permit number for the Proposed Project also shall be filed with the City when received. Best Management Practices shall be included in the SWPPP and shall be designed in accordance with standards for SWPPPs, as outlined in the general permit. The Proposed Project’s SWPPP also shall include control measures for chemical and waste management to minimize impacts from chemicals and wastes used or generated during construction. Mitigation Measure 4.11-7: The applicant shall submit an erosion control plan to the City Engineering Department for review and approval. The erosion control plan shall identify seeding and planting guidelines, dust control measures, stabilized construction entrances, silt fences, straw bale barriers, sand bag barriers, storm drain inlet protection, and sediment basins. Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City’s grading and erosion control requirements (Municipal Code $15.16. et.seq.). The locations of all erosion control devices shall be noted on the grading plans. Note: Mitigation Measures 4.1 O-5 through 4. IO-I 3 will also apply. Factual Support and Rationale. During the period the Draft EIR was out for public review (January 25, 2001 to March 26,2001), the Regional Water Quality control Board finalized the new point source storm water discharge regulations and standards as part of the new San Diego Municipal Storm Water Permit (Order No. 2001-l) pursuant to the Clean Water Act, which now becomes part of the NPDES Permit CA 0108758. As such, the storm water discharge standards and requirements for new development have been significantly increased. The Proposed Project has anticipated those new regulations and included detention basins and water quality basins in order to capture the first 0.6 inches (approximately) of rainfall onsite, so that sediment and urban pollutants can be eliminated or removed prior to the storm water entering the watercourses, lagoons and ultimately the ocean. The water quality will be improved through a combination of natural and mechanical filtration or sedimentation traps, thereby substantially improving the water quality of storm water discharge in new development areas such as the Proposed Project. These efforts will require, among other steps, a Clean Water Act Section 401 Water Quality Certification from the RWQCB, as well as meeting all the new storm water discharge requirements through a Storm Water Pollution Prevention Plan and associated NPDES permit and authorization. These new, higher standards are intended to improve the overall municipal storm water quality before it discharges through the public storm drain systems into Batiquitos Lagoon. Under Order No. 2001-1, the City, as a co-permitted, will have the primary responsibility for enforcement of the permits and authorizations. The detention basins and water quality basins will be maintained by the applicable homeowner associations as part of the common area. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 69 8/14/2001 2.11.4 Urban Pollutants (Surface Water Quality). Impact. Development of the Proposed Project site would result in an increase in the cumulative amounts of urban pollutants entering San Marcos Creek and Batiquitos Lagoon. Although the cumulative contribution to urban runoff would be minimal and would not result in water pollution and/or contamination that would significantly impact human health and safety or biological communities, impacts are regarded as significant. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance, but the Proposal Project’s cumulative contribution to cumulative impacts would remain significant and unmitigable. Mitigation Measure 4.11-8: The Proposed Project shall design and incorporate the current Best Management Practices and Best Available Technologies (BMPs and BATS) available at that time for pollution control and erosion/siltation control, as referenced in the “California Storm Water Best Management Practices Handbook” and meeting all regulatory standards. Examples of BMPs and BATS include but are not limited to: (4 energy dissipation structures and rip-rap at stormwater discharge points to stabilize flow and reduce velocities; @I desilting basins for pollutant and siltation control during construction, resource based if possible; (cl mulching cleared or freshly seeded areas for erosion/sedimentation control; (d) geotextiles and mats for erosion control during construction; @I storm drain inlet/outlet protection for siltation control; 03 slope drains for erosion control; (!a silt fences/sand bag barriers for siltation control during construction; the use of low-water requirement vegetation for landscaping; (0 selection of slope planting species with low fertilization requirements; 0’) requiring permanent (or temporary per City direction) irrigation systems to be inspected on a regular basis and properly maintained. Design and implementation of these measures shall be to the satisfaction of the City Engineer. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 70 g/14/2001 Mitigation Measure 4.11-9: In conjunction with the sale, rental or lease of a residence or business property, all prospective owners and tenants shall be notified in writing that they shall: (4 Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste products; 0) Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids, into any public or private street or into any storm drain or storm-drain conveyance; (4 Use and/or dispose of all pesticides, fungicide, herbicides, insecticides, fertilizers and other such chemical treatments in accordance with Federal, State, County and City requirements as prescribed on their respective containers; (4 Employ BMP to eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. Mitigation Measure 4.11-10: Applicable standards of the National Pollutant Discharge Elimination System (NPDES) permit for the San Diego County area shall be met. Factual Support and Rationale. The previous discussion about the new storm water point source discharge requirements apply to urban pollutant elimination as well. In addition, the Proposed Project will be required to educate occupants as to the need to eliminate or reduce general residential pollution entering the storm drain systems, and the resources available, one of the largest source of urban pollutants, household chemicals, insecticides, automobile residue from tires, oil and gasoline and pet waste that routinely enter the storm dram systems. Regulating the source, plus onsite detention and filtering, all consistent with the RWQCB order No. 2001-1, will further reduce urban pollutants from entering the lagoon and ocean. 2.11.5 On-Site Flooding. Impact. Grading of the Proposed Project would eliminate a small portion of existing loo-year floodplain and allow development to occur at these locations. Because development would occur in the existing FEMA mapped loo-year floodplain, potential flooding impacts are regarded as significant. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.11-11: Prior to the issuance of a building permit, a Conditional Letter of Map Revision (CLMR) shall be obtained from FEMA. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 71 8/14/2001 Mitigation Measure 4.11-12: The applicant shall comply with 921.110 of the City of Carlsbad Municipal Code and shall apply for a Floodplain Special Use Permit for areas within the existing loo-year floodplain at the time of Tentative Map application. Factual Support and Rationale. The Engineering Department has approved the reconfiguration of the existing flood plain area along the Poinsettia Lane/Alicante Road alignments as part of the construction of circulation element roads. In order to assure that the reconfiguration meets all requirements of the Federal Emergency Management Agency (FEMA), the applicant must obtain appropriate conditional and final letters of delineation. Additionally, the City requires issuance of a Floodplain Special Use Permit for work in the flood plain for the purpose of assuring that the work will not adversely affect any property or impact downstream areas as a result of the improvements. Current engineering standards and practices are applied. 2.12 Public Facilities and Services. 2.12.1 Police Service. Impact. The need for 4.6 additional officers would be considered a significant impact so as not to exceed the City’s service standard of 0.77 officers per 1,000 population. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.12-1: Development of the Proposed Project would result in the generation of an increase in taxes and fees that would be paid to the City’s General Fund and made available to fund the hiring of additional police personnel. Use by the City of a portion of these increased revenues generated by the Proposed Project to retain enough police personnel to meet the City’s adopted standard of 0.77 officers per 1,000 population would reduce the identified impact to below a level of significance. Factual Support and Rationale. The city funds police and fire through the general fund. General fund sources include the City’s share of property taxes, sales taxes, transient occupancy taxes and other revenue sources. Capital improvements are funded in part through the Capital Improvement Fee Program requiring all new development to pay a fee equivalent to 3.5% of building permit valuation. The Proposed Project is required to pay all applicable fees and will generate adequate tax and other revenues to continue police staffing levels at the existing per capita levels as evidenced by the approved fiscal impact analysis prepared for the Proposed Project. 2.12.2 School Service. Impact. The Proposed Project would add students to the Carlsbad Unified School District, the San Marcos Unified School District, the Encinitas Union Elementary School CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 72 8/14/2001 District, and the San Dieguito Union High School District and is regarded as a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.12-2: Prior to the issuance of each residential building permit(s), school fees shall be paid in accordance with the requirements of the State of California (Senate Bill 50), or the applicant shall enter into a mitigation agreement with the Carlsbad Unified School District, the San Marcos Unified School District, the Encinitas Union Elementary School District, and the San Dieguito Union High School District. Mitigation Measure 4.12-3: Prior to the development of Neighborhood 1.7 and within 12 months of approval of the General Plan Amendment for the Villages of La Costa Master Plan (2000), the CUSD shall determine if a school site is needed as reserved in Neighborhood 1.7. If needed, the site shall be offered for sale to the CUSD. Factual Support and Rationale. While the City remains vitally concerned about school facilities and needs, the City no longer has the legal ability to set school facilities impact requirements, as those are established by State Law. However, the Proposed Project is conditioned on paying the fees, or otherwise entering into a mitigation agreement with each of the school districts that serve the Project. The City is aware that the applicant has entered into a mitigation agreement with the Encinitas Union School District, participates in the San Dieguito Union School district Mello Roos program as mitigation in that school district, and as part of the mitigation program, has petitioned for annexation into the Carlsbad Unified School District Mello Roos program and is in discussions with the San Marcos Unified School District. Further, the Proposed Project has set aside an elementary school site in La Costa Greens for a Carlsbad Unified school. The determination of the acceptability of the site and any decision to build the school is within the control of the School District. 2.12.3 Water Service. Impact. Although the average potable water demand generated by the proposed La Costa Greens and La Costa Ridge/Oaks development is below the demand anticipated for the existing and proposed facilities outlined by the proposed LFMP for Zone 10 and LFMP for Zone 11, respectively, at build out, the Proposed Project would have a significant water supply and storage impact because it would increase water demand. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.12-4: In conjunction with the purchase of each domestic water meter, La Costa Greens shall pay a major facilities fee based on water meter size to the Carlsbad Municipal Water District and any capacity charge levied by the San Diego County Water Authority. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 73 S/14/2001 Mitigation Measure 4.12-5: At the time the on-site segment of Pointsettia Lane is constructed, La Costa Greens shall construct or cause to be constructed a 16- inch potable water line within the Pointsettia Lane right-of-way from El Camino Real eastward to the east boundary of Zone 10, with reimbursement for oversizing. Mitigation Measure 4.12-6: In conjunction with the purchase of each domestic water meter, La Costa Ridge/Oaks shall pay the appropriate water fees established by the Vallecitos Water District or the Olivenhain Municipal Water District. Mitigation Measure 4.12-7: A new water line from the existing 12-inch stub in Corintia Street to El Fuerte Street shall be installed, with reimbursement for oversizing, in conjunction with the development of La Costa Oaks as required by VWD. Mitigation Measure 4.12-8: All water system improvements shall be sized at the final engineering stage of development. All appliances such as showerheads, lavatory faucets and sink faucets shall comply with effkiency standards set forth in Title 20, California Administrative Code Section 1604(f). Title 24 of the California Administrative Code Section 1606(b) prohibits the installation of fixtures unless the manufacturer has certified to the California Energy Conservation compliance with the flow rate standards. Low flush toilets shall be installed as specified in California Sate Health and Safety Code Section 17921.3. Mitigation Measure 4.12-9: Irrigation shall be properly designed, installed, operated and maintained to prevent the waste of water. Water application techniques which conserve water, such as but not limited to, soil moisture sensors, drip irrigation, and automatic irrigation systems shall be incorporated in publicly owned or homeowner associated owned landscape areas. Irrigation system design shall be identified on the project’s Landscape Plans and shall be approved by the City of Carlsbad. Mitigation Measure 4.12-10: Plants of similar water use shall be grouped to reduce over-irrigation of low-water-using plants. Plant groupings shall be identified on the project’s Landscape Plans and shall be approved by the City of Carlsbad. Mitigation Measure 4.12-11: La Costa Greens and La Costa Oaks shall be required, subject to the terms and conditions of the governing Water Districts, to install dual piping for irrigation systems to use reclaimed water. (Reclaimed water lines are not required for La Costa Ridge because the demand for reclaimed water in this Village will be low.) Factual Support and Rationale. Portions of the Proposed Project are within three separate water service districts, the Carlsbad Municipal Water District, Vallecitos Water District and Olivenhain Municipal Water District. The applicant and the districts have identified the major water service facilities that will be needed, and in addition, all connection and capacity fees and charges will be paid as a precondition to water service. The Proposed Project is within the service territories and the applicable master plans of the respective districts. In order to further reduce potable water consumption, the Proposed Project is conditioned to install water efficient plumbing and fixtures and in common landscaped areas, water conservation techniques are required for irrigation and reclaimed water usage and dual piping will further conserve potable water resources consistent with the City’s policies and regulations. CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 word] Exhibit “EIR-B” 74 S/14/2001 2.13 Human Health and Safety Hazards. 2.13.1 Aircraft Accident Potential. Impact. The potential exists for the assembly of 100 persons or more in proposed Neighborhoods 1.1 and 1.2 of La Costa Greens. These areas are located in the FAZ of McClellan-Palomar Airport, in which assembly is limited to under 100 persons by the CLUP. This is regarded as a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.13-1: The following restriction shall be included as a condition of all building permits, Conditional Use Permits, and certificates of occupancy for uses and structures located in Neighborhood Areas 1.1 and 1.2 of La Costa Greens. “No use shall be permitted inside the McClellan-Palomar Airport Flight Activity Zone which is designed or intended to educate, entertain, accommodate, serve, congregate and/or employ a total of 100 or more persons at one time.” Mitigation Measure 4.13-2: All owners/lessees in Neighborhood Areas 1.1 and 1.2 of La Costa Greens shall be notified through ownership disclosure statements and/or lease agreements that the area is located in the Flight Activity Zone of the McClellan-Palomar AilpOrt. Factual Support and Rationale. While all intended uses throughout the Proposed Project are fully consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP), the non-residential uses in Neighborhoods 1.1 and 1.2 of La Costa Greens are partially located within the designated Flight Activity Zone (FAZ) for the airport. In order to reduce the risk of injury to persons as a result of an aircraft incident, no uses shall be allowed which congregate more than 100 people at a time within the FAZ. This limitation will be assured through prior review of any conditional use permits, site development plans or building permits as applicable. 2.13.2 Hazardous Materials. Impact. An existing above-ground diesel fuel tank is located on La Costa Greens, and its presence is regarded as a potentially significant impact. Business park development proposed in Neighborhood Area 1 .l of La Costa Greens and existing adjacent off- site industrial development may include uses that use and store materials considered to be hazardous under state and local regulations. This also is regarded as a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 75 S/14/2001 Mitigation Measure 4.13-3: Prior to the issuance of building permits in La Costa Greens, the existing above-ground diesel storage tank shall be removed in accordance with all applicable regulations, requirements and practices. Mitigation Measure 4.13-4: All businesses in Neighborhood Area 1.1 of La Costa Greens, shall comply with standard requirements of the State Department of Health Services, San Diego County Health Department and the City of Carlsbad regarding the use and storage of hazardous materials. Factual Support and Rationale. The old, existing above ground fuel storage tank in La Costa Greens will be removed pursuant to the applicable state and local regulations for tank removals and a suitable closure report filed. Any required mitigation will be implemented. Further, as with any business areas, any future business uses within the Proposed Project will be required to meet all applicable health and safety regulations regarding the use and storage of hazardous materials. Compliance details depend on the nature of the materials and could range corn simple posting of notices to the preparation of detailed hazardous materials handling, storage and reporting requirements. 2.13.3 Wildfire Hazards. Impact. The Proposed Project would place residential homes and other uses adjacent to high fire hazard areas, which is regarded as a significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.13-5: Prior to Final Map approval for a residential neighborhood, a Fire Suppression Plan shall be approved by the City of Carlsbad Fire Department for any areas designated as a Fire Protection Zone on the Proposed Project’s Landscape Concept Plans, and for structures located either adjacent to any natural open space area or adjacent to a manufactured slope that transitions to natural open space. Mitigation Measure 4.13-6: Prior to the issuance of building permits for structures either adjacent to natural open space or landscaped manufactured slopes that transition to natural open space, the City of Carlsbad Fire Department shall insure that the applicant has complied with the following Fire Protection Plan for fuel modification: 1. Condition A - Manufactured Slope Fire Protection. a. Section A-l : Area measured horizontally 20 feet outward from the outlying edge of structure(s) shall be planted with low growing shrub species (less than 3 feet in height) known to have fire retardant qualities. No trees or shrubs shall be allowed. This area shall be irrigated. b. Section A-2: Area measured horizontally 20 feet outward from the outlying edge of Section A-l shall be planted with low water use CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 76 S/14/2001 naturalizing plant species known to have low fuel characteristics. No trees shall be allowed. This area shall be irrigated. C. Section A-3: Area measured outward from the outlying edge of Section A-2 to include the remainder of the areas between Section A-2 and high risk fire areas. The horizontal distance from the structure(s) to untreated high risk areas shall not be less than 60 feet. Section A-3 shall be planted with low water use naturalizing plant species known to have low fuel characteristics. Trees are allowed, but shall not be planted closer than 20 feet apart. This area shall be irrigated. 2. Condition B - Native Slopes - Wildland Fire Suppression. a. Section B-l : Area measured horizontally 20 feet outward from the outlying edge of structure(s) toward the environmentally restricted area as defined by the City. In this area, high fuel and moderate hazard species shall be removed. Planting shall consist of groundcover or low growing shrub species (less than 3 feet in height) known to have fire retardant qualifies or as otherwise required by the City. No trees or shrubs shall be allowed. This area shall be irrigated. b. Section B-2: Area measured horizontally 20 feet outward from the outlying edge of Section B-l. In this area, high fuel species shall be removed. Moderate fuel species shall be removed through selective pruning of up to 60 percent of the volume. Replanting shall occur with naturalizing low me1 plant species. Trees and large tree form shrubs which are being retained shall be pruned to provide clearance equal to three times the height of the understory plant material or 6 feet, whichever is higher; dead and excessively twiggy growth also shall be removed. This area shall be temporarily irrigated. C. Section B-3: Area measured horizontally 20 feet outward from the outlying edge of Section B-2. The outer edge of Section B-3 shall extend horizontally to a point at least 60 feet from structures. In this area, high fuel species shall be removed. Moderate fuel species shall be removed. Moderate fuel species shall be removed through selective pruning of up to 40 percent of the volume. Trees and large tree form shrubs which are being retained shall be pruned to provide clearance equal to three times the height of the understory plant material or 6 feet, whichever is higher; dead and excessively twiggy growth also shall be removed. This area shall not be irrigated. Mitigation Measure 4.13-7: Prior to the issuance of building permits for structures in La Costa Ridge/Oaks identified by the Fire Chief as having additional risk from wildfire, special architectural features such as indoor sprinklers and roof eve treatments shall be implemented as required by the Fire Chief. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 77 S/14/2001 Factual Support and Rationale. The City is cognizant of the danger of wildfires and the need to establish brush management and landscaping restrictions. The precise techniques and limitations are established by the City Fire Department relying on the current professional and scientific data and facts available. The brush management zones and landscaping restrictions and control are augmented by the City’s annual weed abatement programs. The City has established joint response arrangements with other fire departments and in recent years have increased the training and equipment, including communications improvements, to address wildfire risks. Additionally, the City prohibits wood shake or other combustible roofing materials on new construction. The city Fire Chief is also charged with determining whether any of the homes in the Ridge/Oaks present unique wildfire risks, and if so, special residential treatments such as roof eve modifications or indoor sprinklers may be required prior to the issuance of any building permits. 2.13.4 Dam Failure Flooding. Impact. The Proposed Project would place residences of La Costa Oaks within an area which could be subject to dam inundation in the event of the failure of the Stanley A. Mahr Reservoir Dam. The Proposed Project grading and engineering design would reduce the velocity and extent of flood waters resulting from dam failure inundation to non-significant levels for human life hazards. Loss of property due to flooding caused by dam failure could occur, and is considered a potentially significant impact. Finding. With the incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Mitigation Measure 4.13-8: New residents located with the Dam Inundation Area of the existing Stanley A. Mahr Reservoir shall be notified as part of the standard ownership disclosure package and CC&Rs that their property is inside the Stanley A. Mahr Reservoir dam inundation area, and is subject to flooding, resulting in the potential loss of property, in the event of dam failure. Factual Support and Rationale. The Stanley A. Mahr reservoir is owned and maintained by the Vallecitos Water District. It was built in 1981 and meets all existing standards for construction and design, including all earthquake safety standards according to the District. While the risk of failure seems low, the proposed Project has designed its grading and surface water systems to reduce the risk of any loss of life or significant property damage to very low levels. Nonetheless, any prospective buyer of a residence within the potential inundation area identified in the inundation study will be notified in writing in advance so that they may make an informed decision as to the potential, however remote, of property damage in the event of a dam failure. 3. FINDINGS OF NO SIGNIFICANT IMPACTS, DIRECT AND CUMULATIVE, AND SUPPORTING FACTS. 3.1 Finding of No Direct Significant Impact. The following potential areas of significant impacts were evaluated in the Final Program EIR and found to have no siguificant CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 78 S/14/2001 adverse impacts, and therefore, no mitigation is required. The Supporting Facts and Rationale for each item is set forth immediately following the item description. 3.1.1 Consistency with the Planned Community Zone Ordinance. The Proposed Project is currently zoned Planned Community (P-C) pursuant to Chapter 21.38 of the Carlsbad Municipal Code. Under Chapter 21.38, the primary requirement for P-C Zoned property is that no development may occur unless a comprehensive Master Plan is first approved to establish uniform standards and polices regulating development. As the Villages of La Costa Master Pan (2000) has been prepared in accordance with the requirements of Chapter 21.38, there is no significant impact and the requirements of the P-C Zone are fully satisfied. 3.1.2 Consistency with the Growth Management Program. The comprehensive citywide Growth Management Program is set forth in Chapter 21.90 of the Carlsbad Municipal Code. Among its principle features and requirements, it: a) limits the number of residential units in each quadrant of the City; b) establishes a mid-point density control range for each General Plan residential land use category; c) divides the city into 25 separate zones and requires that before development may occur within that zone, individual Local Facilities Management Plans must be approved by the City establishing that the available public facilities and services will be timely provided concurrent with development in satisfaction of the citywide standards for facilities and services. The Proposed Project is in the Southeast Quadrant of the City, proposes not more than 2,390 residential units, which amount, when added to the existing and projected future units will not exceed the Growth Management cap of 17,328 residential units for the Southeast Quadrant of the City. None of the Proposed Project neighborhoods exceed the applicable mid-point density ranges for the applicable General Plan land use designations. A new Zone 10 Local Facilities Management Plan is being processed to cover La Costa Greens and the existing Zone 11 Local Facilities Management Plan is being amended to cover La Costa Ridge/Oaks as part of the Proposed Project. 3.1.3 Consistency with Adopted HCP/OMSP & Implementation Agreement. The June 6, 1995 Implementation Agreement and associated HCP/OMSP program was a four party agreement and Habitat Conservation Program in compliance with all applicable Federal and State Endangered Species Laws involving the City, CDFG, USFWS and the property owner. Under the Implementation Agreement and HCP/OMSP, a 702.5 acre area was identified to be preserved for permanent open space habitat maintenance and protection, and all development was to occur within the remaining “Impact Area.” As planned, the Proposed Project increases the preserve area to a total of 835.4 acres, thereby increasing the permanent open space habitat areas by an additional 132.9 acres (18.9%). All development is constrained within the original designated “Impact Areas”. See FPEIR at pgs. 4.1-10 through 4.1-12 for more detail. 3.1.4 Consistency with the City’s Landscape Manual. The City’s Landscape Manual applies to both private and public projects requiring discretionary permits. Its standards and guidelines have been incorporated into the Proposed Project through the Villages of La Costa Master Plan (2000) and associated approvals. 3.1.5 Consistency with City’s Open Space and Conservation Resource Management Plan (OSCRMP). The City’s adopted OSCRMP establishes criteria, planning CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [word] Exhibit “EIR-B” 79 S/14/2001 principles and design guidelines for public parks and recreation areas, trails, school siting and other public facilities. The Proposed Project includes public parks, a school site, trails and public facilities areas consistent with the standards of the OSCRMP. With well over 900 acres of HCP Open Space and other Open Space, the Proposed Project well exceeds the City’s 40% goal. 3.1.6 Consistency with the City’s Subdivision Regulations. Title 20 of the Municipal code sets forth the procedural and substantive standards and polices for processing and approving subdivisions. The Proposed Project includes two Master Subdivision Tentative Maps, which have been prepared in accordance with the applicable standards and policies. The extensive list of conditions and requirements assures conformance. 3.1.7 Development of Natural Slopes of Over 40 Percent. As discussed in more detail in Section 2.1.3.2 above, as none of the affected existing slopes are prominent land forms, disturbance, under the limited circumstances described is considered insignificant as only 27.4 acres of non prominent 40% slopes are affected out of a total of 232.6 acres of 40% slopes. Further, the HCP Open Space, for biological purposes, consumed substantial flatter topography, pushing the developed portions into some steeper topography. 3.1.8 Volume of Grading. As discussed in more detail in Section 2.1.3.2 above, the City’s Hillside development Ordinance establishes grading volume limitations expressed as a quantity of grading per acre (cy/ac) of development area, exclusive of arterial roads. As the grading volume in La Costa Greens is 9,960 cy/ac and the volume in La Costa Ridge/Oaks is 8,950 cy/ac, both are within the conditionally acceptable category and meet applicable standards. 3.1.9 Construction Noise. Detailed acoustic studies and models were evaluated in the Final Program ElR at pgs.4.8-8 through 4.8-12, including the rock crushing operation sites depicted in Fig. 4.8-2. As the sites are quite large, the predominance of the construction activity will be generally located some distance from the nearest homes and the rock crushing sites will be no closer than one-fourth (l/4) mile, approximately. At these distances, the noise will not exceed applicable standards. While it is recognized that in some limited areas construction will occur in near proximity to existing residences and may be annoying to some people, the duration of such activities is short lived, and on the whole, does not represent a significant adverse environmental impact. The City has enforceable noise level regulations applicable at property boundaries as well as ordinances requiring all construction equipment have noise attenuating devices. 3.1.10 Carbon Monoxide (CO) Hotspots. Extensive modeling and analysis to determine the potential of CO hotspots (pockets or locations where CO levels would exceed applicable air quality standards) for both construction equipment and vehicular traffic were undertaken and the results set forth in the Final Program EIR at pgs. 4.9-13 through 4.9-16. Those models demonstrate that no significant risk of CO hotspots will occur. 3.1.11 Business Park Emission Stationary Source Impact Potential. The limited acreage and location of the 7.9 acre business park use in the Northwest portion of La Costa Greens combined with rigorous air pollution and hazardous materials City and countywide regulations eliminate the potential for stationary source emission incidences. The City has a CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 80 S/14/2001 large and vigorous employment area in close proximity having a range of industry and uses similar to those that would be permitted within the business park area. The City has not had any frequent or serious emission problems and the complement of regulations have proven effective. 3.1.12 Impact to Air Quality from Offsite Water Reclamation Facility. Adjacent to a portion of La Costa Ridge/Oaks, the Vallecitos Water District operates a water reclamation facility for the purpose of producing reclaimed water. While its operation is known to involve ammonia, carbon monoxide and dioxide, hydrogen sulfide, methane, dust and associated endotoxins, human health and safety requirements are already in place at the site to protect workers and will likewise be effective in protecting future residents in the Proposed Project from any significant health or safety risk. 3.1.13 Agricultural Suitability. As only 88 acres of the entire 1,866.4 acre site has either Grade 1 or 2 soils suitable for cultivation and no agricultural use is evident for many years, development poses no significant risk of loss of viable agricultural property. 3.1.14 Down Stream Fiooding. The Proposed Project is designed to assure that the surface and other storm discharge waters do not impose any down stream flooding risk as applicable engineering design standards have been incorporated based on specialized studies and reports as more detailed in the Final Program EIR at pgs. 4.1 l-26 through 4.1 l-27. 3.1.15 Fire Services. The entire Proposed Project is within the required response time as established by the Citywide Public Facilities Performance Standards and the Growth Management Ordinance. Further, as detailed in Alternatives Section, the City is evaluating the relocation of the existing interim Fire Station at La Costa Avenue and Levante Street to one of three alternative locations within La Costa Oaks. Any relocation would only further improve response times throughout the Proposed Project. See FPEJR at pgs. 9-26 through 9-35. 3.1.16 Reclaimed Water Service. The City has a long-standing program and requirement for new development to incorporate use of reclaimed water for public/common area and median landscaping wherever available. As detailed in the final Program ElR at pgs. 4.12- 13 and 4.12-15, the Proposed Project is in close proximity to the two main sources of reclaimed water in the City and the Proposed Project incorporates dual piping and other reclaimed water distribution facilities in conformity with the adopted policies and standards. 3.1.17 Sewer Service; Wastewater Treatment. Portions of the Proposed Project are served by three different wastewater treatment providers: Carlsbad Sewer Service District; Leucadia County Water District; and Vallecitos Water District. As detailed in the Final Program EIR at pgs 4.12-16 though 4.12-22, the Proposed Project incorporates adequate collection facilities meeting the standards of the respective districts and each district has adequate treatment capacity to process the wastewater from the Proposed Project. 3.1.18 Solid Waste. Solid waste collection and disposal at county owned and operated landfills is franchised in the City to Coast Waste Management and includes curbside pick up recycling programs for all residential areas. The Proposed Project would increase the volume of solid waste that is directed to landfills as well as curbside recycling volumes. As CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 81 S/14/2001 detailed in the Final Program EIR, adequate landfill capacities exist and the Proposed Project creates no significant adverse impact. 3.1.19 Dry Utilities Services. The Proposed Project will increase demand for electricity, natural gas, telephone and cable television facilities similar to other residential areas within the City. The Proposed Project includes connections to the various utilities and adequate capacity exists in the local distribution networks for these services. While in the recent year or so, electricity rolling blackouts have occurred sporadically throughout the State of California, the State Government has stepped in to secure long term forward delivery electricity contracts and increased the licensing of new electrical generating facilities. The electrical generating and distribution issues and network is regional, statewide and to a significant extent, national in scope and while important, are beyond the realistic reach of the City. 3.1.20 Recreational Services. The Proposed Project includes park land, off street hiking and bike trails, which meet or exceed the citywide performance standards under the Growth Management Program. 3.1.21 Library Facilities. The City library system consists of two libraries, the Main Library in La Costa and the Georgina Cole Library in the downtown Village Area. The Proposed Project will not overload these facilities as they continue to exceed the citywide performance standards for library facilities under the Growth Management Program. 3.1.22 Disaster Preparedness. Although the Proposed Project would increase population in the City, additional street and transportation improvements are included which will improve the overall evacuation route network and would not adversely affect the City’s Emergency Plan. 3.1.23 Electromagnetic Fields. Several existing high voltage electrical transmission facilities owned by SDG&E traverse the Proposed Project and are adjacent to several future residential areas. The Proposed Project does not include any new overhead transmission facilities nor the relocation of existing facilities. From time to time, the issue of potential adverse health effects form proximity of high voltage transmission facilities have been the subject of studies, reports, litigation and public debate, a survey of the generally recognized materials do not establish a scientific credible link, and therefore, any adverse impact would be speculative. See FPEIR at pgs. 4.13-7 through 4.13-10. 3.1.24 Population and Housing. Only a single old residential unit is occupied by a caretaker. The Proposed Project does not displace significant existing residents or workers. The Proposed Project will provide up to 359 units of affordable workforce housing consistent with the City’s Inclusionary Housing Ordinance (requiring 15% of the total housing be income qualified affordable units) within the master plan area and provide for a range of types and densities of market rate housing opportunities. As the number of units overall is within the Southeast Quadrant unit cap, the Southeast Quadrant does not exceed the mid-point density range for the various areas, it is fully consistent with the General Plan and Growth Management Program population and housing requirements. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 82 S/14/2001 4. FINDINGS CONCERNING FEASIBILITY OF PROJECT ALTERNATIVES. 4.1 Applicable Standards. Under CEQA, whenever a public agency considers approving a project for which the EIR concludes that notwithstanding the incorporated mitigation measures, there will nonetheless remain significant impacts that are not avoided or lessened below a level of significance, the public agency must consider and make findings regarding the feasibility of alternatives discussed in the EIR. As stated in CEQA (PRC $21002): “[It] is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or mitigation measures available which would substantially lessen the significant environmental effects of such projects. . . . The legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” Here, the FPEIR concludes that after the incorporation of the specific mitigation measures outlined in Section 2 above, the Proposed Project will still have the following significant, unmitigable environmental effects: A. Direct impact on Landform Alteration from converting approximately half the project area from largely open space to a variety of residential, public facilities, commercial, street and recreational uses. B. A cumulative impact, in combination with other existing and planned development in the vicinity, to Transportation (2 intersections in the City of San Marcos at Year 2005 and 2020), Visual Quality-Aesthetics (from the overall residential and business growth and urbanization of the region), Noise (as a result of the minimal contribution in existing Alga Road traffic noise impacts to the existing residences just east of El Camino Real), Air Quality (as a result of the entire San Diego Air Basin being a Non-attainment area for NO-x (ozone) emissions and Hydrology/ Water Quality (as a result of the incremental contribution to urban pollutant runoff into storm drain system receiving waters such as Batiquitos Lagoon). The determination of the infeasibility of alternatives is necessarily an evaluation of the many elements of specific economic, social or other considerations. (Guidelines $15091). Elsewhere in the Guidelines $15364, “feasible” is defined as ” . ..capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” At the same time, infeasibility is not equated with impossibility and case law recognizes that an alternative or mitigation measure may also be infeasible if it is undesirable or impractical from a policy standpoint. As an example, a conflict between project alternatives and a city’s growth management policies and programs supported a finding of infeasibility in City of De1 Mar v. City of San Diego (1982) 133 CA3d 401. The Court went on to describe the alternatives analysis under CEQA necessarily involves the balancing of economic, environmental, social and technological factors within the province of the decision makers. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 83 S/14/2001 In undertaking the comparative analysis called for under CEQA in considering the feasibility of project alternatives, it is also necessary to keep in mind the Project objectives as expressed in the FPEIR. The overall Project Objectives are set forth at Pages l-7 and l-8 of the FPEIR as follows: 1. Citv Plans and Policies. Conform to and implement the City’s Growth Management Program, General Plan and associated policies, ordinances and goals. 2. Residential Buildout Limits. Limit the maximum number of dwelling units at bellow the Growth Management control point to avoid exceeding the City and Quadrant General Plan and Growth Management buildout limits. 3. Housing Affordability/Diversity. Assure that not less than 15% of all residential units constructed in the project area will meet the City’s affordable housing program requirements thereby adding to the City’s affordable housing stock and inventory of safe, clean and diverse housing opportunities. 4. Circulation Facilities. Contribute to the City’s completion of its overall traftic and transportation network of roads and streets, bike lanes and pedestrian trails by constructing, improving or fmancing important arterials such as Ranch0 Santa Fe Road, El Camino Real, Alga Road, Alicante Road, Poinsettia Lane and others while providing public and alternative transportation opportunities with bike lanes, bus facilities and pedestrian trails linking to other citywide facilities, helping to complete the entire area network in addition to providing safe, adequate neighborhood level streets, walking and biking opportunities. 5. Onen Snace, Natural Habitat, Parks and Recreational Facilities. Provide extensive open space, viewsheds, managed natural habitat preserve areas, and active and passive recreational and park opportunities by establishing extensive permanent open space, multi-species natural habitat preserves, a public community park, bike and walking trails strategically located throughout the Proposed Project area and providing connectivity to surrounding open space, natural habitat and trails networks. 6. HCPIOMSP. Preserve environmental resources and implement the Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP/OMSP) in accordance with all local, state and federal laws, regulations and policies. 7. Administrative, Fire, Police, Drainage, Sewer, Water. and Related Facilities. Assure adequate levels of services and required public facilities through participation in construction and financing programs to achieve City standards adequacy, design and safety. 8. Schools. Libraries. Assure adequate, available facilities through participation in site location and financing programs to meet City, school district and state standards. 9. Neinhborhood Oualitv and Landform Comnatibility. Establish comprehensive grading, building and landscaping design standards to create balanced, attractive resident friendly neighborhoods internally complimentary and compatible with surrounding neighborhoods; provide for permanent maintenance funding and enforcement of standards by creation of one or CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 word] 84 S/14/2001 more homeowner associations. Protect significant viewsheds where feasible and otherwise satisfy all landform alteration ordinances and policies. 10. Product Design, Phasing and Overview. Permit residential design flexibility to meet market demand and allow for the incorporation of positive technical advancements. Allow individual villages to develop at their independent pace based on phasing necessary infrastructure improvements and response to market conditions. Establish overview procedures to regulate project development while providing necessary flexibility for individual, site specific adjustments to occur without affecting the Proposed Project as a whole. 4.2 Findings on Project Alternatives. The Final Program EIR evaluated a range of potential project alternatives, as well as consideration of three tire station site alternatives for possible relocation of the City’s existing Fire Station No. 6 from its interim site to a La Costa Oaks location better enabling it to serve its primary service area. The findings regarding the fire station site alternatives will be addressed separately from the overall project alternatives. The project alternatives included a No Development Alternative, a No Project Alternative, a Wetland Avoidance Alternative and the Reduced Development/Canyons Network Alternative suggested in the EIR public scoping meetings conducted prior to the preparation of the EIR. CEQA requires consideration of the No Project and No Development alternatives and the City selected the others on the basis they represent a reasonable range of alternative project proposals that appear to be potentially compatible with most of the overall Project Objectives. Applying the criteria discussed above for considering the feasibility of project alternatives and considering the totality of the information in the Final Program ElR, testimony and information received during the public hearings and the evidence in the administrative record as a whole, the City has determined that the identified project alternatives are not feasible in light of the Project Objectives, the City’s programs and policies and general legal principles applicable to a landowner’s right or privilege to make beneficial use of its property in accordance with all applicable laws, polices, standards and land use regulations uniformly applied. The factual support, reasoning and analysis supporting this conclusion will be set forth below with respect to each of the Project alternatives evaluated in the Final Program EIR. 4.2.1 No Development Alternative. (FPEIR Section 9.4) The No Development Alternative retains the entire project area in substantially its existing condition and assumes no further development. While initially seductive in that the No Development Alternative would avoid all impacts from the Proposed Project, it is not realistic or feasible given economic, social, policy, environmental and legal considerations and factors at work. A. The private property owner has legal rights of reasonable beneficial use of its property consistent with uniformly applied policies, ordinances, regulations and constitutional protections. The No Project Alternative is essentially a denial of all beneficial use. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [word] 85 S/14/2001 B. The No Project alternative is inconsistent with the City’s General Plan, Housing Element and Growth Management Program which identifies and permits a range of housing types and other uses on the property. No development would be inconsistent with the city’s responsibility under State Planning Law to adopt and implement a General Plan providing for a range of land uses, including residential, employment, open space and other areas to provide for the orderly and balanced range of uses. If no development were to take place in the areas designated for development, the City would fail to meet its local, regional and state obligations to provide housing and job opportunities not just for the existing residents, but for the future population growth forecast for the city and the region generally. C. The Proposed Project will provide a range of useful and needed public facilities and other infrastructure that is needed by existing residents to enhance and improve the quality of life. Those include the large community park and school site in La Costa Greens, hiking and biking trails throughout the Project, the financing or construction of critical circulation element roads to complete the City’s circulation element road system (Poinsettia Lane, Ranch0 Santa Fe Road, Alicante Road as examples) which are needed to support existing local and regional traffic. D. The Proposed Project would add approximately 359 units of workforce affordable housing in the City to assist the City in meeting its obligations under State law to provide its regional fair share of affordable housing. The No Development Alternative would not contribute to the affordable housing obligations of the City. E. While the property would remain undeveloped, it would not dedicate the 834.9 acres of HCP Gpen Space, protect it with permanent conservation easements in favor of the California Department of Fish and Game, convey it to a natural habitat management organization acceptable to the City, USFWS and CDFG, or permanently endow the owner with sufficient funds such that the HCP Open Space can be managed and maintained in perpetuity for multi- species habitat protection purposes as required by the HCP/OMSP in exchange for development of the balance for private and public purposes. The entire property could be closed off to the public as it would remain private property and tax revenues would be reduced if no use or development is permitted. The open space would not be managed for the benefit of endangered species through the private habitat endowment funding, nor would there be a public education component for preserve management. F. The City’s efforts to provide a balance of jobs and housing opportunities would be adversely affected as both needed housing stock and some employment land would remain unbuilt. The city’s analysis shows approximately 70% of the people who live in Carlsbad commute elsewhere to work and roughly 70% of the people employed in Carlsbad commute from other cities or the county. G. By the property remaining undeveloped, existing surface water runoff and sediment would remain uncontrolled and unfiltered. Without water quality control devices the No Development Alternative would continue contributing sediment and urban pollutants discharge to receiving water such as Batiquitos Lagoon. CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 86 S/14/2001 H. The City, by not benefiting from the range of development fees and exactions, as well as increased tax base would be adversely impacted in terms of tax revenues to support public facilities and infrastructure that would be built or financed by the Proposed Project. The City’s Growth Management Program and facilities performance standards would be jeopardized as the cost of additional facilities and infrastructure to serve existing and future citizens, and the sources of those funds and facilities, were spread proportionately for future development to finance and construct. This financing shortfall could affect a range of citywide facilities such as libraries, fire support, police, city government, parks, recreation as well as transportation and the needed road network. In other words, the Citywide capital infrastructure funding mechanism would be jeopardized. 4.2.2 No Project Alternative. (FPEIR Section 9.5) Under CEQA, the No Project Alternative is analyzed to represent the impacts if the area were to be developed under the existing plans, ordinances, policies and requirements, instead of the particular Proposed Project. The No Project Alternative, assumes then that future development would occur consistent with land use regulations. A. The overall density permitted under the existing land use regulations would allow approximately 3,070 dwelling units at the Growth Management control point density ranges for the various areas, resulting in approximately 680 more units than proposed, thereby, incrementally increasing the environmental impacts directly related to population and number of units, such as traffic, air pollution and similar impacts. B. The Proposed Project will set aside 834.9 acres of managed, maintained and funded HCP Open space as the Proposed Project implements the HCP/OMSP. Development in accordance with the existing General Plan and land use regulations of the City would not protect as many acres of habitat and open space nor would the open space configuration be planned and located, with substantial habitat core areas and linkages, in order to obtain the maximum species protection and recovery opportunities as the UFWS and CDFG approved HCP/OMSP. Further, development under existing regulations would not implement the HCP/OMSP nor assure funding or coordination with the City’s HMP or regional MHCP programs. Under existing regulations, the property could develop piecemeal and habitat and species preserve protections would likewise be piecemeal and potentially fragmented. While future development would have to obtain authorization, there is no assurance that future development would result in a comprehensive management and funding program superior to the comprehensive HCP/OMSP preserve system. C. As less of the project area would be preserved in open space generally under the existing regulations, the amount of landform alteration, grading and associated visual and aesthetic impacts would be exacerbated. 4.2.3 Wetland Avoidance Alternative. (FPEIR Section 9.6) The Wetland Avoidance Alternative was included to evaluate the comparative impacts of a project design that avoided all Federal and State wetland jurisdictional waters, which include both wetlands and other jurisdictional waters of the United States. As the State and Federal CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 87 S/14/2001 definitions vary slightly, for ease of reference, the following references will use the more expansive State definitions and totals, and collectively refer to the entirety as “wetlands”. The FPEIR contains a detailed chart of the individual components of the wetlands for La Costa Greens (Table 4.4-6, pg. 4.4-27/28) and La Costa Ridge/Oaks (Table 4.4-7, pg. 4.4-32). The impact to Federal wetlands is administered through the US Army Corps of Engineers (ACOE) under the Clean Water Act through the issuance of ACOE 404 permits and the State wetlands are regulated through the California Department of Fish and Game (CDFG) through the issuance of CDFG 1603 permits. The Proposed Project impacts relatively little wetlands, a total 5.61 acres for La Costa Greens (total 19.42 acres of wetlands onsite of which 12.78 is conserved) and a total of 1.02 acres for La Costa Ridge/Oaks (total of 25.865 acres of wetlands onsite of which 24.85 is conserved). Nonetheless, to completely avoid the impacted wetlands would result in a total of 94.3 fewer graded acres, but the loss of approximately 712 units as arterial roads and other facilities would have to be pushed into otherwise habitable areas. In addition, 13 or 14 bridge structures would be required to carry the various streets and circulation roads over the wetlands. After evaluating the environmental benefits of the Wetlands Avoidance Alternative and considering the FPER, the evidence presented at the public hearings and the entire administrative record, the City has concluded the alternative is not feasible within the meaning of CEQA. A. While wetlands are important biological resources, considering the entire Project area is 1866 acres and would only disturb a total of 7.66 wetlands while preserving 37.63 acres of wetlands onsite is vastly disproportional considering the loss of approximately 712 units, representing approximately 30% of the residential units. Further, the reduction in units would mean approximately 107 fewer workforce affordable units would be constructed. The combination of market rate and workforce affordable units would adversely affect the ability of the City to provide adequate housing in order to meet its housing needs and goal of providing a suitable jobs/housing balance. B. The 7.66 acres of wetlands impacted are of relatively low quality and will be replaced onsite by new wetlands and restored wetlands so that the overall wetlands will suffer no net loss in acreage, and will actually function more effectively through the rehabilitation and replacement. As to the 0.045 acres of vernal pools in the Oaks area, these are not naturally occurring and are so isolated as not to provide significant benefit compared to the preservation offsite of high quality vernal pool resources and habitat. Further, biological analysis establishes no endangered or threatened species are present. From the biological information available, it supports the offsite preservation of vernal pools as there does not appear that comparable, quality vernal pool habitat is available elsewhere in the City, C. The construction of approximately 13 bridges would be very expensive. Estimates are that the bridges would cost approximately $6 Million more to construct than normal surface streets as well as considerably more in ongoing maintenance. Using the estimated additional cost alone and spreading it to the fewer remaining market rate units would significantly add to the cost of each house, thereby making housing even more expensive in our CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 88 8/14/2001 City and increasing our street maintenance costs for no discernible advantage or benefit as the impacted wetlands areas will be replaced and overall wetland performance enhanced. D. While approximately 94.3 fewer acres would be graded, the additional bridges would result in adverse visual impacts in that landscaped streets would be replaced with stark bridge structures in the numerous crossings, detracting from the visual quality and atmosphere of the residential areas affected. The Proposed Project includes a wetland bridge structure in the most abundant wetland area near the intersection of Poinsettia Lane and Alicante Road, which is in the major wetland habitat and course. Bridge structures do not add positively to the residential character of the remaining areas and standard street and landscaping solutions are preferred. The Wetland Avoidance Alternative would also adversely impact the size and configuration of the Community Park and elementary school site. E. The City is also mindful of the provisions of Guidelines 15092(c) which states that for projects involving housing development, the public agency considering the project shall not reduce the proposed number of dwelling units if it determines another feasible mitigation measure is available to provide a comparable level of mitigation. As discussed above, the modest 7.66 acres of wetland resources impacted onsite will be fully replaced and superior vernal pool habitat preserved elsewhere. Because the total amount of wetlands in the project area will be equal or greater under the Proposed Project in both amount and function, effectively reducing the residential units, both market rate and affordable, by 30% is not supportable under these circumstances. F. The proposed alternative would be inconsistent with the designation of development areas in the completed HCP/OMSP and would jeopardize the successful implementation of that plan as the development area would be significantly altered. If the HCP/OMSP is not implemented, then not only is the preservation of the 834.9 acres of HCP Open space not assured, but the $l,OOO,OOO contribution to inclusion of offsite gnatcatcher core area habitat and the $150,000 contribution to the City’s HMP would be lost, as well as an additional $50,000 toward gnatcatcher research. While additional open space would be preserved, its permanent private funding and maintenance would not occur, thereby adversely affecting its habitat value. 4.2.4 Reduced Development/Canyons Network Alternative. (FPEIR Section 9.7) The Reduced Development/Canyons Network Alternative was suggested by the Canyons Network group at the public scoping hearings. The Canyons Network group has been an advocate for preserving the Box Canyon waterfall feature in San Marcos Creek canyon area and for expanded open space and natural habitat conservation generally. Under the Reduced Development/Canyons Network Alternative, the La Costa Ridge development area would be left undeveloped and La Costa Oaks Neighborhoods 3.1, 3.3 and 3.5 would also remain undeveloped. The effect would be to reduce the total residential units by 580 (320 in Ridge and 260 in Oaks) , eliminate an additional 87 workforce affordable units, and increase the open space by an additional 258 acres generally (increasing the existing HCP and Non-HCP Open Space acreage from 657.3 acres in the La Costa Ridge/Oaks out of a total of 1,205 acres). As the Box CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 89 8/14/2001 Canyon area is already fully preserved and protected in the Proposed Project’s HCP Open Space area, this alternative would not have a direct impact on Box Canyon. After considering the environmental benefits of the Canyons Network Alternative set forth in the FPEIR, the evidence presented in writing and personally at the public hearings and the entire administrative record, the City has concluded the alternative is not feasible within the meaning of CEQA. A. The Canyons Network Alternative would significantly reduce the future residential units in the Proposed Project area by 580 homes and increase open space by 258 acres in the La Costa Ridge/Oaks area only. Reducing 580 units would also result in reduction of 87 workforce affordable units, thereby adversely impacting the City’s ability to provide both market rate and affordable living opportunities for existing and fhture residents. The City’s General Plan and Growth Management Program is based on the balance of residential, job, open space and recreational land and the need to maintain appropriate balance throughout the City. As the City nears buildout, residential units not provided as planned in one area would not likely be made up in other areas as community opposition and City policies generally disfavor zoning and density increase over existing planned levels. B. A reduction in the number of units would adversely affect the financing of needed public infrastructure, including Ranch0 Santa Fe Road (each unit is required to contribute $10,250 to financing Ranch0 Santa Fe Road improvements), would eliminate the completion of El Fuerte Road widening and sidewalks in the vicinity of La Costa Meadows Elementary School, as well as significantly reduce the public facilities fees, traffic impact fees and taxes generated by the omitted units which funds are used for capital projects such as libraries, parks, fire, police and other public services and facilities. Further, reduction in units would lower Project parkland dedication requirement, thereby increasing significantly the public funds necessary for 27.2 acre community park and threaten its financing. C. The alternative would be inconsistent with the HCP/OMSP and jeopardize its implementation, risking the availability of 834.9 acres of HCP Open space, the $l,OOO,OOO contribution to acquisition of offsite gnatcatcher core area habitat, the $150,000 contribution to the City HMP program and the $50,000 contribution to gnatcatcher research, as well as public trails and access. If the HCP/OMSP is not implemented, then the guaranteed private funding for the permanent management and maintenance of the HCP Open space for habitat purposes is jeopardized and the quality and protection of the remaining open space areas would be jeopardized. The additional 258 acres of open space is not high quality habitat, and based on studies, would preserve range for only 3 pairs of gnatcatchers. The HCP/OMSP studies concluded this area was much less biologically significant than other areas. D. Under CEQA Guidelines 15092(c), the City cannot reduce the number of residential units of a Proposed Project if it concludes other mitigation measures are available to reduce the adverse impacts. On those issues that the FPEIR concludes would not be reduced below a level of significance, the Canyons Network Alternative, while marginally reducing traffic through the elimination of units and reducing the development area, thereby reducing visual impacts, it does not result in fundamentally different overall environmental impacts, just proportionately less. The scope and range of mitigation measures would remain the same for the CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 90 8/14/2001 Canyons Network Alternative as for the Proposed Project and therefore does not incorporate significant environmental advantages overall. E. The supplemental wetlands protection is minimal; less than one acre in total. F. The Reduced Development/Canyons Network Alternative, by substantially reducing residential units by 24.3%, but without proportional reduction in circulation element roads, back-bone infrastructure, results in a significant increase in the infrastructure costs allocation to the remaining units. This result would further exacerbate housing costs in the Carlsbad area for existing and future residents. 4.3 FIRE STATION ALTERNATIVE. The potential significant impacts of the three separate Fire Station Alternative locations are discussed in detail in the FPEIR, beginning at Section 9.8 (pg. 9-26). Alternative Site “A*. The first site is the existing City owned 0.5 acre parcel located on the western side of the existing alignment of Ranch0 Santa Fe Road north of the Cadencia Street intersection. However, upon the relocation of Ranch0 Santa Fe Road to the east, this site would be surrounded by HCP Open space and need an extended driveway connection to Ranch0 Santa Fe Road through more HCP Open Space and the future connection with realigned Ranch0 Santa Fe Road would not meet the City’s intersection spacing safety standards. Further, since its access would not be at an already controlled intersection, “emergency access signaling” would be required. City experience demonstrates that such emergency access signaling is less safe and noticeable, than is emergency access at a regularly controlled intersection. Alternative Site “B”. The second site is slightly further north at the southeast comer of the realigned Ranch0 Santa Fe Road and future Street “H”, which will be a controlled intersection for access to the east to La Costa Oaks Neighborhoods 3.6 and 3.7, and to the west to Neighborhoods 3.3 and 3.5. Site “B” is presently designated for multifamily affordable housing and the site, approximately 1.0 acres, including slopes, is larger than needed for a fire station, but would not leave enough room for shared or joint use. The displaced multifamily affordable housing would have to be relocated to and the density increased to accommodate the fire station at this site and the City would have to spend more money to acquire the oversized useable area, thereby increasing the costs. Alternative Site “Cn. The third site is immediately across Street “H” from Site “B” and would also get access to realigned Ranch0 Santa Fe Road at the Street ‘Y-P’ controlled intersection. While the site itself is 1.9 acres, including slopes, the useable area is appropriately sized for the tire station and while proximate to the proposed multifamily affordable housing planned in the area, the site itself is not particularly suitable for multifamily development because of the grade separation from the adjoining site. Site “C” would provide a self-contained location for the fire station and a desirable “downhill” start for the heavy fire equipment to initiate their rollout response, thereby improving response times. Conclusion. The sites are comparative as far as environmental impacts are concerned, with the exception of Site “A” which would occupy space that would otherwise be habitat CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 91 8/14/2001 preserved and managed as part of the HCP Opens Space and potential safety hazards/concerns with equipment entering Ranch0 Santa Fe Road at a below desirable standard for intersection spacing and at a an emergency controlled access point. Based on the comparative analysis, including environmental impacts, cost and effkiency, Alternative Site “C” is the preferred location which will provide the best overall response times to the service area, access at a regularly controlled intersection, will not displace multifamily affordable housing that will increase effective densities elsewhere and will afford the City an appropriately sized location. 5. STATEMENT OF OVERRIDING CONSIDERATIONS. As discussed in Section 4.1 of these CEQA findings, the FPEIR concludes that the Proposed Project, even with incorporation of all feasible mitigation measures and consideration of alternatives, will nonetheless have significant direct impact on Landform Alteration and cumulative impacts on Transportation, Visual Quality/Aesthetics, Noise, Air Quality and Hydrology/Water Quality. The cumulative impacts all arise from the marginal contribution the Proposed Project will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that fail to meet applicable standards currently. The City has adopted all feasible mitigation measures with respect to these impacts, which may have substantially lessened the impacts, but have not been successful in reducing them below a level of significance. In the case of the cumulative Transportation impacts, available mitigation measures are within the province of another jurisdiction, the City of San Marcos, which should cause the necessary improvements to the intersections irrespective of the Proposed Project. The City understands that future improvement plans exist for the Ranch0 Santa Fe Road intersections in the City of San Marcos. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a “statement of overriding considerations” pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of CEQA is to fully inform the decision makers and the public as to the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project’s general social, economic, policy or other public benefits which support the agency’s informed conclusion to approve the Proposed Project. The city finds that the Proposed Project has the following substantial social, economic, policy and other public benefits justifying its approval and implementation, notwithstanding not all environmental impacts were fully reduced below a level of significance: A. Citv General Plan and Policies. The Proposed Project is consistent with the City’s General Plan and Policies in that it provides for primarily residential development in the La Costa area with a predominance of single family detached neighborhoods. The range of product types are compatible with existing neighborhoods in the area and are located so as to harmonize CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 92 8/14/2001 and largely complete the residential neighborhoods and supporting amenities for that portion of the City until buildout. B. Growth Management Program: Zoning. The Proposed Project is fully consistent with the density limitations, including the Growth Management control point, and the Southeast Quadrant cap on total housing units and has not sought an increase in zoning or density. The Proposed Project has completed a Master Plan setting forth the uses, densities and development standards that will guide the entire buildout of the Proposed Project and the Local Facilities Management Plans setting forth the phasing and timing of needed public infrastructure. These programs assure the Proposed Project will develop as a balanced whole and needed public infrastructure and facilities will be provided commensurate with need in order to meet the performance public facilities performance standards of the City’s Growth Management Program. C. Housing and Emnlovment Qnnorhmities. The Proposed Project will have a maximum of 2,390 residential units, a 7.9 acre business park located adjacent to the City’s major industrial/office area and two designated Community Facilities areas to support the surrounding residential areas. The range of housing types vary from multi-family, townhomes and small and larger lot detached, located and sized to compliment the housing types in surrounding neighborhoods. These units will assist Carlsbad in providing sufficient, desirable and safe housing and neighborhood opportunities for existing and future residents and improve the jobs/housing balance. D. Affordable Housing. The Proposed Project will provide 15% of all units as workforce affordable housing within the Villages of La Costa Master Plan boundaries in full compliance with the City’s Affordable Housing Inclusionary Ordinance and policies. This commitment represents about 359 units that will be owned and managed to provide workforce housing to Carlsbad employees who meet the income limitations beginning at 80% of the area median income levels. This represents the continuation of an existing successful policy and is necessary to meet the City’s obligations and commitments to increased housing opportunities in Carlsbad. E. Parks and Recreation. The Proposed Project includes a 27.2 acre community park site with fully improved access from Poinsettia Lane/Alicante Road in La Costa Greens. It is anticipated that a community swim complex will be located at this site as well as a range of other public park and recreational facilities. Other neighborhood parks and recreational facilities will be dispersed throughout the Proposed Project as will biking and walking opportunities. Additionally, the Proposed Project includes a number of off street hiking and biking improved trails that will connect up with the citywide trail network as well as providing localized opportunities. F. School Site. As proposed, the 7.2 acre elementary school site for Carlsbad Unified School District is located in La Costa Greens, Neighborhood 1.4 adjacent to the community park. However, the City has determined it wishes to designate the elementary school site reservation in La Costa Greens Neighborhood 1.7 as the preferred location. G. Citvwide Road Network Imnrovements. The Proposed Project will construct portions of Poinsettia Lane east from El Camino Real, a critical east/west circulation element CEQA Findings of Facts and Statements of Overriding Considerations 1652724 v3 [Word] Exhibit “EIR-B” 93 g/14/2001 road as well as portions of Alicante Road north from Alga Road, an important alternative circulation element road paralleling El Camino Real through La Costa Greens. In addition, the Proposed Project will further improve portions of El Camino Real, Alga Road, El Fuerte and Mehose Avenue. The realignment of Ranch0 Santa Fe Road through La Costa Oaks is a major road improvement undertaking of the City and the Proposed Project Ridge and Oaks are within the financing area required to pay $10,250 for each unit to finance the road project. These road improvements are each important elements of the overall road network of the City supporting local as well as regional traffic. H. Onen Snace and Natural Habitat Protection. The Proposed Project would set aside 834.9 acres of managed and maintained HCP Open Space, representing approximately 46% of the overall site. The HCP Open Space is 132.4 acres more than required under the HCP/OMSP and Implementation Agreement signed by the City, USFWS, CDFG and prior landowner in 1995 after several years of work and effort to establish a viable, comprehensive habitat management plan for the project area applying biological standards and criteria under the State and Federal Endangered Species Acts, the California Natural Communities Conservation Program, and similar multi-jurisdictional efforts to assure viable multi-species habitat preserves. Similar programs elsewhere include the Multiple Species Conservation Program (MSCP) in the southern portion of the county. The HCP/OMSP is also a completed sub-component and complimentary to the city’s proposed Habitat Management Program @IMP), which in turn is a sub-area plan for the North San Diego County regional Multiple Habitat Conservation Program (MHCP) managed by SANDAG for the incorporated cities in North County in cooperation with the USFWS and CDFG. The 1995 HCP/OMSP was one of the first of its kind in the area and its successful implementation is a critical step in the process for multi-species habitat protection programs. In addition to the 834.9 acres of HCP Open Space, the Proposed Project will contribute $l,OOO,OOO to the offsite acquisition of additional gnatcatcher core area habitat which is critical to the approval of the HMP, $150,000 to support the City’s HMP program and $50,000 to support gnatcatcher research. The HCP/OMSP is also unique in that it requires the property owner to permanently endow a conservation entity who will take title to the HCP Open space with sufficient funds to pay for the ongoing maintenance and management of the HCP Open Space subject to the oversight of an Advisory Committee including the City, USFWS and CDFG. In this way, the HCP Open Space will be permanently preserved and protected for species habitat purposes without becoming a drain on municipal or other public tax f?mds in the future. I. Fiscal Contributions to the Citv. General Fund. Revenue contributions and impacts on the City’s General Fund were analyzed in a report titled “VILLAGES OF LA COSTA Fiscal Impact Analysis of Master Plan Amendment 149(Q) and Related Documents” prepared by Onaka Planning & Economics, dated December 19,2000, using City General Fund data for the City’s FY 2000-2001. According to the report, the Proposed Project will contribute General Fund revenues to the City of approximately $2,683,100 annually and consist of the following components: CEQA Findings of Facts and Statements of Owrriding Considerations Exhibit “EIFGB” 1652724 v3 [Word] 94 8/14/2001 (a) the City’s share of real estate property taxes, both secured and unsecured, estimated to be $1,69 1,100 annually; @I the City’s share of sales taxes estimated to be $433,700 annually; (4 vehicle license in-lieu fees estimated to be $255,900 annually; 60 real property transfer taxes estimated to be $86,400 annually; 03 other state subventions estimated to be $60,200 annually; and (0 business license taxes estimated to be $11,700 annually. The grand total estimate of $2,683,100 is without regard to any other indirect sources. Excluding the mandated affordable housing components of the project, the residential and limited business park development will essentially break even running a cumulative negative estimated to be $3,500 annually (which amount represents a positive $133/unit for La Costa Greens, a positive $l,776/acre for the La Costa Greens Industrial, and a negative $11 l/unit for La Costa Ridge and La Costa Oaks). However, compared to existing development on a per unit basis, this “break even” is far less than the current average negative of $426 per residential unit. The above figures do not include, and are offset by, the following additional indirect fiscal contributions to the City’s General Fund: (x) contribution to Landscape and Lighting District Zone M that will maintain the future Ranch0 Santa Fe Road median through La Costa Oaks which amount is estimated to be $16,700 annually, (y) excess parkland land value subsidy under the 1996 Parks Agreement wherein the Project will sell to the City that portion of the 32.9 acre community park in excess of the project dedication requirements at $175,000 per acre for the approximately 22.661 being sold (approximately 10.239 acres are being dedicated without cost), which represents several millions in parkland subsidy compared to its development market value, and (z) the Project has expended approximately $3.2 Million for acquisition of primarily gnatcatcher offsite habitat lands needed by the City for its HMP, which represents an interest free loan for the monies advanced. Additional Public Infrastructure Capital Contributions. The City’s Growth Management Program and land use ordinances provide a series of public facilities fees and exactions that are charged to new development, which are generally payable at either time of final subdivision map or issuance of individual building permits. Based on the Project as proposed, these public infrastructure capital contributions are estimated to be $48,408,202 for the construction of public infrastructure and facilities on a Citywide basis, including city administrative facilities, parks and recreation improvements, fire stations, libraries, roads, storm drainage systems as well as public water and sewer facilities. These capital contributions are in addition to the infrastructure being constructed on site and represent the Project’s share of citywide infrastructure needs. The Proposed Project’s $48,408,202 capital public facilities contributions consists of the following components: CEQA Findings of Facts and Statements of Overriding Considerations Exhibit “EIR-B” 1652724 v3 [Word] 95 8/20/2001 1. Ranch0 Santa Fe Road Fee at $10,250 per equivalent dwelling unit (EDU) for La Costa Ridge/Oaks only. 2. Growth Management Local Facilities Fees estimated at $3 10 per EDU. 3. Citywide Community Facilities District No. 1 estimated at $3,127 to $4,954 per EDU and a per square footage charge for business park based on the actual use; this CFD funds major area Interstate 5 bridges/ramps at La Costa Avenue, Poinsettia and Palomar Airport Road along with other citywide transportation facilities. 4. Traffic Impact Fee estimated at $540 to $840 per EDU and per square footage charges to the business park based on type of use; this fee pays for various other road, signal, intersection and similar transportation impacts throughout the City. 5. Public Facilities Fees estimated at $3,278 to $5,517 per EDU and a business park charge, both of which are based on 1.82% of the “construction valuation” of the improvements; this fee is used to finance city administration and maintenance facilities, parks, libraries, fire stations, the police station and similar city infrastructure. 6. Drainage Fees estimated at $35 to $57 per acre depending on location; this fund used to construct master stormdrain facilities. 7. Sewer Connection Fees estimated at $1,824 to $3,950 per EDU (also applies to business uses) depending on sewer district and additional sewer benefit fee estimated at $626 per EDU within the Carlsbad Municipal Water District service area: these fees represent the facilities capacity and connection charges for sanitary sewers and treatment plants. 8. Water Capacity Charges estimated at $1,580 to $2,400 per EDU (also applies to business uses) depending on the water district and additional meter connection fees estimated at $130 to $160 per meter; charges and fees represent facilities capacity and connection charges for water facilities and distribution/storage systems. The foregoing amounts may be subject to periodic adjustment and escalations in accordance with the underlying ordinance or laws applicable thereto. The total amount of $48,408,202 represents public facilities capital contributions only and does not include (a) park fees as the Project’s park obligation is being handled entirely through dedication of additional land for Alga Norte Park, (b) any school fees or mitigation as the Project’s impacts on school facilities is being addressed directly with the affected school districts, and (c) various city processing, application and plan check charges for processing approvals. These fees and exactions are necessary to construct and replace important public improvements in order to fund the public facilities and infrastructure necessary to maintain our community’s quality of life for existing and future residents in Carlsbad. 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