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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50671 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. 5067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION TO ALLOW CONSTRUCTION OF A FOUR-UNIT CONDOMINIUM GENERALLY LOCATED ON THE EAST SIDE OF COVE DRIVE, SOUTH OF PARR DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLAS AT THE COVE CASE NO: SUP 00-12 WHEREAS, Anthony V. DeLeonardis, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as All of lots 21 and 22 of that tract described in Map No. 5162, recorded in the Office of the County Recorder, San Diego County, California, on April 23,1963 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 7th day of November, 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 initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Negative Declaration according to Exhibit “ND” dated September 4, 2001, and “PIP dated August 28, 2001, attached hereto and made a part hereof, based on the following findings: . . . 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 Findinps: / 1. The Planning Commission of the City of Carlsbad does hereby find: A. It has reviewed, analyzed and considered the Negative Declaration for Villas at the Cove, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and B. The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and D. Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of November 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioners Baker and Nielsen ABSTAIN: * CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J.kbLZ%IILLER Planning Director PC RESO NO. 5067 -2- City of Carlsbad NEGATIVE DECLARATION Project Address/Location: East side of Cove Drive, south of Park Drive APN 207-150-66 & 67 Project Description: Four-unit condominium on a vacant 0.32 acre site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. DATED: SEPTEMBER 7,200l CASE NO: SUP oo-12KP 00-l l/MS 01-03 CASE NAME: VILLAS AT THE COVE PUBLISH DATE: SEPTEMBER 7,200l 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 * FAX (760) 602-8559 * www.ci.car1sbad.ca.m a9 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SUP 00-12/CP 00-l l/MS 01-03 DATE: August 28.2001 BACKGROUND 1. CASE NAME: VILLAS AT THE COVE 2. APPLICANT: Anthonv DeLeonardis 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2010 Subida Terrace, Carlsbad 92009 760-436-4500 4. DATE EL4 FORM PART I SUBMITTED: 12/l S/O0 5. PROJECT DESCRIPTION: A four-unit condominium nroiect. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning lxl Transportation/Circulation q Public Services q Population and Housing q Biological Resources q Utilities & Service Systems q Geological Problems q Energy & Mineral Resources 0 Aesthetics q Water q Hazards q Cultural Resources q Air Quality . q Noise q Recreation q Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) . lxl q q q q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A(n) EWNeg Dee is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR/MEIR 93-Ol/Neg Dee pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EWMEIR 93-Ol/Neg Dee, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. a 31101 Date &yK@f+J 1 Plannmg Direc r’s Signature Rev. 03128196 ENVIRONMENTAL IMPACTS . STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City * conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identities any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but fl potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). a When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 0 If there are one or more potentially significant effects, the City may avoid preparing an . EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL, EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. 4 b) c) d) e) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: 4 b) cl Cumulatively exceed offkial regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 W cl 4 e> fl Ia I.4 i) expose people to potential impacts invOlving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15, # 2 ) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15, # 2) Seismic ground failure, including liquefaction? (#l :Pgs 5.1-1 - 5.1.15, # 2) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15, # 2) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15)) # 2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15, # 2) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15, # 2) Expansive soils? (#l:Pgs 5.1-I - 5.1-15, # 2) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, # 2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5..2- 11) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11, # 3) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11) Potentially Significanl Impact q q 0 cl q q q q q q 0 cl q q 0 q q q q q Potentially Significant Unless Mitigation tncorporated q q q q q q q q q q q q q q q q q 0 q q Less Than Significant Impact q q q q q q q q q q Ix] q q q q lzl q cl lxl q No Impact txl lxl IXI lxl lxl IXI lxl Ix] El Ix) q lzl lxl lxl IXI q lxl IXI q Ix1 5 Rev. 03128196 Issues (and Supporting Information Sources). d) e) cl g) 4 9 Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-I - 5..2-11) Altered direction or rate of flow of grotmdwater? (#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) V. AIR QUALITY. Would the proposal: 4 b) cl d) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the a) b) cl 4 e> f) g) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) Potentially Significant Impact 0 0 cl Potentially Significant Unless Mitigation Incorporated 0 I7 q Less Than Significant Impact q 0 cl 0 0 0 cl 0 cl 0 III a 0 I3 0 q 0 cl 0 No Impact lxl Ix] lxl IXI Ix1 IXI El lxl El lxl 0 El IXI lxl Ix] lxl lzl El lxl 6 Rev. 03128196 issues (and Supporting Information Sources). cl d) 4 VIII. 4 b) c> Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24) ENERGY AND MMERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals orradiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? () e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) Ix1 El lxl lxl lxl lxl El lxl El lxl Ia lz.l lxl lxl IXI lxl lxl Ix] XII.UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 7 Rev. 03128196 Potentially Significant Impact 0 0 El Potentially Significant Unless Mitigation Incorporated cl 0 0 Less Than Significant Impact No Impact Issues (and Supporting Information Sources). 4 b) cl 4 e) f) 9) XIII. 4 b) 4 XIV. 4 b) cl 4 e) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? () Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l :Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.1 l-l - 5.11-5) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.1 l-l - 5.11-5) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l :Pgs 5.8- 1 - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-I - 5.8-10) XV. RECREATIONAL. Would the proposal: a) W XVI. a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l :Pgs 5.12.8-1 - 5.12.8-7) Affect existing recreational opportunities? (# 1 :Pgs 5.12.8-1 - 5.12.8-7) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated cl ‘0 0 III 0 0 0 Less Than Significant Impact No Impact tzl El lxl El lxl IXI IXI txl Ix1 Ix] lxl Ed Ix1 Ix1 lxl lxl lxl •l Rev. 03/28/96 Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 q 0 Ix] 0 0 Ix] XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)@). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. W Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. cl Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03128196 DISCUSSION OF ENVIRONMENTAL EVALUATION ’ I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING . The development proposal consists of the construction of a four-unit condominium structure on a 0.32 acre parcel (two smaller parcels will be combined into one). The previously graded site is relatively flat and is adjacent to a man-made channel of the Agua Hedionda Lagoon in the Bristol Cove development. The present pad elevation is between 5 and 8 feet above mean sea level. The project’s grading involves 30 cubic yards of cut and 230 cubic yards of import. The project site is located on the east side of Cove Drive, south of Park Drive and is within the Agua Hedionda Local Coastal Plan area. The site is currently undeveloped and is surrounded by multi- family residential structures. II. ENVIRONMENTAL ANALYSIS 1. LAND USE AND PLANNING As designed, the project is consistent with the RI-I (Residential - high density) General Plan land use designation. The project is consistent with all environmental plans and policies and with the Agua Hedionda Local Coastal Plan. The project will be conditioned to obtain a Coastal Development Permit from the California Coastal Commission. The proposed use is compatible with the single-family and multiple-family residential development surrounding the site. There are no agricultural resources on this site and the project will not disrupt the physical arrangement of the neighborhood. 2. POPULATION AND HOUSING The proposed project is consistent with the General Plan land use designation (RI-I) and zoning (R-W) for the project site. The proposal involves combining two lots of 0.14 and 0.18 acres in size (which could be developed with two and three units, respectively) into a single lot with four units. The project does not conflict with any applicable environmental plans and is consistent with the surrounding development which includes multi-family residential developments. There are no agricultural resources or operations near the site. The project will not divide an established residential community. The site is a small infill site to be developed with a residential use. 3. GEOLOGIC PROBLEMS A geotechnical evaluation was prepared for the project site by GeoSoils, Inc. This study identified the presence of liquefiable soil layers underlying the site and the potential for settlement of the alluvial soils. The report recommended that damaging deformations could be mitigated by construction of drilled piers and structural foundations beneath the proposed structure. The report noted that groundwater was encountered at approximately 6 feet below existing grade, however it is not anticipated that it will affect site development providing that the recommendations contained in the report are incorporated into the final design and construction and that prudent surface and subsurface drainage practices are incorporated into the construction plans. The soils test indicated that the onsite soils generally have a high expansion potential. Corrosivity results will be provided as an addendum report and additional corrosion and expansion index testing is recommended prior to final foundation and utility design and construction. In conclusion, the report indicated that the site is suitable for the proposed 10 Rev. 03128196 development subject to the recommendations in the report. The site is not anticipated to be significantly impacted by geologic impacts including seismic hazards, erosion, landslides, or . ’ unique geologic features. 4. WATER No significant impacts to water resources have been identified for this project. The development of the proposed residential units will not significantly impact groundwater, significantly change the amount of surface water in any water body nor expose people or property to significant water related hazards. The development of the vacant site with buildings and paving will increase the amount of impermeable surfaces which will increase the amount of surface runoff from the site. The project will incorporate drainage structures to prevent increases in runoff and sedimentation discharge into the adjacent Agua Hedionda Lagoon and is conditioned to comply with NPDES standards. The Finish Floor Elevation (F.F.E.) of the structure will be constructed at a minimum of 12 inches above the base flood elevation to prevent flooding of the structure in accordance with FEMA regulations. The base flood elevation of 8.5 feet was determined using the Agua Hedionda Creek Study dated July 1973. 5. AIR OUALITY: In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General’ Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Final Master EIR. This project is within the scope of that MEIR. This document is available at the Planning Department. 11 Rev. 03128196 6. TRANSPORTATION/CIRCULATION: I . In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to .ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, has been mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 7. BIOLOGICAL RESOURCES The project site is an infill site which was previously graded with the Bristol Cove development. The site is void of any significant vegetation, with the exception of several Mexican Fan Palms which will be removed and relocated. No endangered, threatened, or rare species or their habitats have been identified on the site. The site does not contain any locally designated species or natural communities or wetland habitats and does not serve as a migration corridor. The proposed development of this infill site will not significantly impact any biological resources. 12 Rev. 03/28/96 The project includes construction of future boat docks in the Bristol Cove channel. The proposal for boat docks is compatible with the surrounding Bristol Cove development and consistent with . . the Agua Hedionda Land Use Plan. The project will need to provide additional environmental analysis to determine if there will be impacts to eel grass or other sensitive wetland species and if mitigation will be required. The project will be conditioned to obtain approval from the US Army Corps of Engineers, the State Department of Fish and Game, the City of Carlsbad, and the California Coastal Commission for construction of future boat docks. 8. ENERGY AND MINERAL RESOURCES The proposed project does not conflict with adopted energy plans nor use non-renewable resources in a wasteful manner. No known mineral resources have been identified on the site. 9. HAZARDS The proposed residential project will not result in increased risk of accidental explosion or release of hazardous substances. It also will not interfere with any emergency response plans or evacuation plans. The site is a mid-block infill site which fronts onto a public street. The project will not result in exposure of people to any potential health hazards, including fire hazard. 10. NOISE No long-term noise impacts will result from the presence of this residential structure. Some temporary noise impacts will occur during construction. However, these impacts will be temporary in nature. All such construction activities will be required to be conducted pursuant to the City’s noise regulations and regulations governing construction activities. 11. PUBLIC SERVICES The proposed project will not result in the need for new governmental services. The proposed project involves an infill site for which all necessary public services are readily available. The project will be conditioned to comply with all applicable requirements of the Local Facilities Management Plan for the area to ensure that all such services are available. 12. UTILITES AND SERVICE SYSTEMS The proposed project will not result in the need for new utilities and services systems. The proposed project will be developed on an infill site for which all necessary public utilities and services systems are readily available. The project will be conditioned to provide any improvements required to serve the site as identified through the Local Facilities Management Plan for the area. 13. AESTHETICS Development of the site as proposed will not negatively affect any scenic vista or scenic highway. The development proposal complies with the site’s General Plan residential designation and is designed to be compatible with surrounding development and therefore, will not have any demonstrable negative aesthetic effect. The project has been reviewed by the HOA for Bristol Cove and has received preliminary approval for the project. Lighting for the structure will be typical to that for other small residential projects and will be directed inward toward the project. Therefore, there will be no negative aesthetic impacts from the proposed project. 13 Rev. 03/28/96 14. CULTURAL RESOURCES . 1 No cultural resources (archeological, paleontological, or historical) have been identified on this infill site, and its development will not impact any sacred or religious resources. 15. RECREATION The proposed four new units which were anticipated by the General Plan, will not create an increased demand for neighborhood or regional recreational facilities. The project will not affect existing recreational opportunities since the vacant site does not currently provide such facilities or opportunities. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. Preliminarv Geotechnical Evaluation Proposed Six-Unit Condominium, Lots 66 and 67, Cove Drive, Carlsbad, CA, dated May 3 1,2000, GeoSoils, Inc. 3. Flood Plain Information, Agua Hedionda Creek, Pacific Ocean to Buena San Dieno County. CA, July 1973, Department of the Army, Los Angeles District, Corps of Engineers. 14 Rev. 03/28/96 . : LIST OF MITIGATING MEASURES (IF APPLICABLE) None. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 None. 15 Rev. 03/28/96