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HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51121 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. 5112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, EIR 98-02, FOR THE CALAVERA HILLS MASTER PLAN (MP 150-H), BRIDGE AND THOROUGHFARE DISTRICT #4, AND DETENTION BASINS BJ AND BJB, RECOMMENDING APPROVAL OF CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDER- ATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE, EAST OF EL CAMINO REAL, WEST OF LAKE CALAVERA, AND ALONG PORTIONS OF THE FUTURE ALIGNMENTS OF CANNON ROAD AND COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY, PRIMARILY WITHIN LOCAL FACILITIES MANAGEMENT ZONES 7. CASE NAME: CALAVERA HILLS PHASE II/BTD ##l/DETENTION BASINS BJ AND BJB CASE NO.: EIR 98-02 WHEREAS, Calavera Hills II, L.L.C, “Developer’T’Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots “B’, “D”, “E”, and “J” of Ranch0 Agua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16,1896 all being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, an Environmental Impact Report (EIR) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of December, 2001 and on the 2nd day of January, 2002 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 EIR, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considering any written comments received, the Planning Commission considered all factors relating to the EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That the Final Program Environmental Impact Report ‘consists of the Final Environmental Impact Report, EIR 98-02, dated December 19, 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”. C) That the Environmental Impact Report EIR 98-02, 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. D) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Program Environmental Impact Report, EIR 98-02; RECOMMENDS APPROVAL of the Candidate Findings of Fact (L‘CEQA Findings”), and the Statement of Overriding Considerations (C‘Statement”), attached hereto as Exhibit “EIR- A” and incorporated by this reference; and RECOMMENDS APPROVAL of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto as Exhibit “EIR-B” and incorporated by this reference; based on the following findings and subject to the following conditions: El That the recommendation as contained in D) above eliminates the certification of the easternmost portion of Cannon Road Reach 4, now known as Reach 4B. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final EIR 98-02, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 98-02, the environmental impacts therein identified for this PC RESO NO. 5112 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of Overriding Considerations attached hereto as Exhibit “EIR-A and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “EIR-B”, prior to RECOMMENDING APPROVAL of this project. The Planning Commission finds that Final EIR 98-02 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-A”), 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 may 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. The Planning Commission hereby finds that the portion of Reach 4 of Cannon Road beginning adjacent to the entrance of the proposed high school site, approximately 1200 feet east of the future proposed intersection with College Boulevard, and extending easterly to the intersection with Leisure Village Drive within the City of Oceanside, hereinafter referred to as Reach 4B of Cannon Road, is of substantial length and operates between two logical terminal points. The Planning Commission hereby finds that Reach 4B of Cannon Road has independent utility and will serve important regional and local circulation needs. PC RESO NO. 5112 -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 10. 11. The Planning Commission hereby finds that the length and geometry of Reach 4B of Cannon Road is such that there will be adequate opportunity for consideration of reasonable alternative alignments for Reach 4B of Cannon Road and that approval of the EIR without Reach 4B does not irretrievably commit the City to a definite course of action regarding Reach 4B of Cannon Road. The Planning Commission hereby finds that the construction of Reach 4B of Cannon Road does not have full funding nor is it required to serve the needs of the Calavera Hills Phase II development or other land developments currently under consideration by the City of Carlsbad. Conditions: 1. The Developer and/or City, as appropriate, shall implement the mitigation measures described in Exhibit “EIR-B”, the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Calavera Hills Master Plan/BTD#ki /Detention Basins BJ and BJB Project. 2. This approval is granted subject to the approval of GPA 99-03, MP 150(H), LFMP 87-07(A), ZC 01-01, CT 00-02 and HDP 00-02 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. 3. For Mitigation Measures relating to Archeological resources, replace any references to the San Diego Museum of Man with the San Luis Rey Band of California Indians. Any recovered artifacts are to reside with the San Luis Rey Band as opposed to the currently designated San Diego Museum of Man. . . . . . . . . * . . * . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 5112 -4- 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 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None b CARLSBAD PLkTNG COMMISSION ATTEST: Planning Director PC RESO NO. 5112 -5- “EIR - A” EIR 98-02 DRAFT CITY OF CARLSBAD RESOLUTION NO. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS for the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-02) CALAVERA HILLS MASTER PLAN PHASE II, BRIDGE AND THOROUGHFARE DISTRICT NO. 4, AND DETENTION BASINS (SCH No. 99111082) INTRODUCTION The California Environmental Quality Act, Public Resources Code 0 $2 1000-2 1177 (CEQA), and the State CEQA Guidelines, 14 Cal. Code of Regs. $9 15000-l 5387 (CEQA Guidelines), require that no public agency shall approve or carry out a project for which an environmental impact report (EIR) has been certified which identifies one or more significant environmental effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (4 The public agency makes one or more of the following findings with respect to each significant effect, accompanied by a brief explanation of the rationale for each finding (Section 21081 of CEQA and Section 15091 of the CEQA Guidelines): (1) Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant effects on the environment 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, or can and should be, adopted by such other agency. CEQA Findings of Fact and Statement of Overriding Considerations 1 12/12/01 (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. (CEQA $21081[a]) @I With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency may not approve or carry out the project unless the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. (CEQA $2 108 1 [b]) CEQA also requires that the findings made pursuant to $15091 shall be supported by substantial evidence in the record (Q 15091 [b] of the CEQA Guidelines). Under CEQA, substantial evidence means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts ($15384 of the CEQA Guidelines). CEQA also requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable” (0 15091 [a] of the CEQA Guidelines). When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record and does not substitute for, and shall be in addition to, findings required pursuant to $15091 (#15091[b] and [c] of the CEQA Guidelines). The following Candidate Findings are made relative to the conclusions of the Environmental Impact Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins project and associated actions (“project”) (EIR No. 98-02/SCH No. 1999111082). The EIR is herein incorporated by reference. These Findings have been prepared pursuant to $21081 of the California Public Resources Code, the California Environmental Quality Act, and $5 15091 and 15093 of the CEQA Guidelines. The Findings and Statement of Overriding Considerations have been submitted by the project applicant as Candidate Findings to be made by the decision-making body. The Planning Department does not recommend that the discretionary body either adopt or reject these Findings. The Findings are attached to allow readers of this report an opportunity to review potential reasons for approving the project despite the significant unmitigated effects identified in the final EIR. PROJECT DESCRIPTION AND PURPOSE The proposed project includes three components: (1) Phase II amendment of the Calavera Hills Master Plan; (2) formation by the City of Carlsbad of Bridge and Thoroughfare District No. 4 for the extension and construction of College Boulevard (Reaches A, B, and C) and Cannon Road (Reaches 3 and 4); and (3) construction of two detention basins by the City of Carlsbad to provide flood control within the Calavera Creek and Little Encinas Creek watersheds. Project Components CEQA Findings of Fact and Statement of Overriding Considerations 12/12/01 Calavera Hills Master Plan Phase II: The proposed Calavera Hills Master Plan Phase II modifies the existing land use designations and zoning for 10 villages (E-l, H, K, L-2, R, U, W, X, Y and Z) occupying a patchwork of undeveloped property totaling 409.8 acres within the larger Master Plan area. The proposal includes the following: Maximum 78 1 dwelling units, distributed in nine village neighborhoods referred to as Phase II. The proposed project would reduce the overall number of dwelling units by 14 from the maximum 795 units allowed under the existing adopted master plan. A breakdown of the Master Plan Amendment for each Village is provided on Table 2-l in the EIR. Conformance to the negotiated “hard line” configuration of an open space system negotiated by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the City of Carlsbad to support habitat/wildlife corridors reflected in the City of Carlsbad’s Draft Habitat Management Plan (HMP) dated December 1999; Modification to Village K to redistribute allowable dwelling units among several other remaining Villages to provide an east-west habitat link to reduce impacts to the California gnatcatcher and other species consistent with the City’s Draft HMP; Incorporation of the adjacent 1 lo-acre Calavera Nature Preserve (CNP) open space parcel, dedicated by Calavera Hills II, LLC, in 1998, into the Calavera Hills Master Plan boundary and elimination of the residential land use designation for this parcel. The project also rezones the parcel from the existing Limited Control (L-C) to Planned Community (P-C) consistent with the Master Plan. Within the Master Plan, this parcel would be designated Open Space (OS); Allowance for the residential buildout of eight Phase II villages (E-l, K, L-2, R, U, W, X, and Y) in accordance with the provisions of the proposed Phase II Master Plan Amendment; Identification of Village Y as the affordable housing site; Adjustment of the boundaries of Village Y in response to a proposed shift of the College Boulevard alignment to the east to avoid a conflict with a high-voltage power transmission tower; the shift will increase the acreage of Village Y by 3.5 acres; Modification of development standards, residential design criteria, and architectural guidelines to ensure functional and aesthetically pleasing design and compatible architectural styles for the proposed residential products; Modification of the designated location of signage, documentation, fencing, and other existing community identification criteria for the buildout of the Master Plan; Modification of the Zone 7 (Calavera Hills) Local Facilities Management Plan (LFMP) to update buildout projections, address existing and future public facility adequacy for parks, drainage facilities, circulation roadways, fire stations, open space, schools, sewer collection lines, and water distribution facilities, impacted by Phase II development. Overall, the proposed amendment for Phase II of the Calavera Hills Master Plan is consistent with the adopted Master Plan, but will modify existing land use designations and rearrange residential densities to provide for the residential buildout of Villages E-l, K, L-2, R, U, W, X, and Y. Open space within the current Master Plan boundaries will increase by approximately 20.5 acres (exclusive of the 1 lo- acre CNP open space area denoted as Village Z). Total grading for the Master Plan Phase II Villages (E-l, H, K, L-2, R, U, W, X, and Y) falls into the acceptable range of grading volume (929,000 cubic yards/132.9 acres = 6,990 cubic yards/acre) pursuant to the Hillside Development Ordinance. Bridge and Thoroughfare,District No. 4/Detention Basins: The primary elements of this portion of the project are: Bridge and Thoroughfare District No. 4: CEQA Findings of Fact and Statement of Overriding Considerations 3 12/lUOl l Formation of a Bridge and Thoroughfare District (City of Carlsbad BTD No. 4) or other financing district to finance the acquisition, design, and construction of “core” improvements for the subject roadways. l Development, including grading, surface improvements, bridges, retaining walls, erosion control and landscaping, drainage, and all other improvements associated with development of Reaches A, B, and C for College Boulevard and Reaches 3 and 4 for Cannon Road. l Realignment of Cannon Road within the Oceanside city limits, including the reconfiguration of an existing church access and parking lot area. The project proposes 24 parking spaces as replacement for an estimated 22 church parking spaces that will be lost (Fraser Engineering 1999). The City of Carlsbad will coordinate with the church to obtain a Conditional Use Permit amendment prior to proceeding with modification of the church parking lot. Detention Basins: l Construction of two detention basins by the City of Carlsbad to control flooding impacts within the Calavera Creek and the Little Encinas Creek watersheds. The basins are part of a larger drainage plan for the area and are consistent with the 1994 City of Carlsbad Master Drainage Plan. The two basins are described as follows: Basin 1 (referred to as Basin “BJB”): Location - northeast of the College Boulevard/Cannon Road intersection Inundation area - approximately 15 acres Storage capacity - approximately 49 acre-feet Basin 2 (referred to as Basin “BJ”): Location - east of the College Boulevard/Cannon Road intersection Inundation area - approximately 8 acres Storage capacity - approximately 48 acre-feet Implementation of the project road improvements are generally consistent with existing and planned land uses, including the alignments shown in the City of Carlsbad’s General Plan and Calavera Hills Master Plan. Replacement of lost recreational-vehicle (RV) parking reduces land use impacts from construction of detention Basin “BJ” to below a level of significant. All other significant impacts are reduced to a less than significant level by design or proposed mitigation. Funding for long-term biological maintenance of the CNP (Village Z) is assured as a condition of the 1993 mitigation agreement included as Appendix G to the final EIR. Extensive landscaping is planned for each of the component areas of the project and would be maintained by the homeowners association for areas within the Master Plan Phase II area. Mitigation for impacts to sensitive resources will be provided by a combination of replacement and collection of fees on a per-acre basis, at an amount to be determined by the City Council. ISSUES ADDRESSED IN THE EIR The final EIR evaluates the following environmental issues in relation to the project: land use, landform alteration/visual quality, traffic circulation, noise, agriculture, public facilities, biological resources, archaeology/cultural resources, paleontology, hydrology, air quality, and geology. The final EIR also addresses growth-inducing and cumulative impacts; other required considerations, which include effects found not to be significant; and alternatives that would reduce or avoid significant impacts of the proposed project. The City of Carlsbad Planning Department, located at 1635 Faraday Avenue, Carlsbad, California, 92008, is the custodian of the documents and other material which constitute the entire record and the proceedings upon which the decision is based (Administrative Record). CEQA Findings of Fact and Statement of Overriding Considerations 4 12/12/01 The final EIR indicates that impacts to land use, agriculture, archaeological/cultural resources, and air quality (except short-term direct impacts during construction) will be less than significant with development of the first component, the proposed Calavera Hills Master Plan Phase II. All significant direct short- or long-term impacts for all remaining issues can be reduced to a less than significant level with implementation of proposed mitigation. The final EIR indicates that all direct impacts on the remaining environmental issues can be substantially lessened or avoided if all the proposed mitigation measures recommended in the final EIR are adopted. For the Master Plan Phase II portion, these issues include landform alteration/visual quality, traffic circulation, noise, public facilities, biological resources, paleontology, hydrology, air quality (short-term construction-induced), and geology/soils. Direct impacts from development of the remaining components, including the Bridge and Thoroughfare District No. 4 and detention basins, for the following environmental issues are less than significant: traffic circulation, public facilities, and air quality (except short-term direct impacts during construction). The final EIR indicates that all direct impacts on the remaining environmental issues can be substantially lessened or avoided if all the proposed mitigation measures recommended in the final EIR are adopted. These issues include land use, landform alteration/visual quality, traffic circulation, noise, agriculture (detention basins only), public facilities, biological resources, archaeology/cultural resources, paleontology, hydrology, air quality, and geology/soils. In addition, the final EIR does not consider the project growth inducing. The project’s cumulative impact on landform alteration/visual quality is considered significant and unmitigable. For all other environmental issues, impacts can be substantially lessened or avoided if all the proposed mitigation measures listed in the final EIR are implemented. The following findings are made pursuant to Section 21081 of CEQA and Title 14 of the California Code of Regulations, Sections 15091 and 15093 (State CEQA Guidelines). I. Public Resources Code Section 21081(a) The City Council, having reviewed and considered the information contained in the final EIR for the project and the public record, finds (pursuant to CEQA and the CEQA Guidelines) that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR with respect to the areas of (1) land use, (2) landform alteration/visual quality, (3) traffic circulation, (4) noise, (5) agriculture, (6) public facilities, (7) biological resources, (8) archaeology/cultural resources, (9) paleontology, (10) hydrology/water quality, (11) construction-induced air quality impacts, and (12) geology and soils. Implementation of the following recommendations will occur via the imposition of conditions of approval for the project. 1) Land Use Imaact: The Carlsbad Zoning Ordinance requires an RV storage lot for the Ranch0 Carlsbad Mobile Home Park. Section 21.45.090 requires 20 square feet of RV storage for each of the 520 mobile home lots. This results in a required 10,400-square-foot (0.24-acre) minimum lot to accommodate the park (exclusive of driveways). Allowing for aisles and driveways, the estimated maximum RV storage area required is 0.5 acre. The existing lot (1.5 acres), located in the area proposed for Basin “BJ,” exceeds the size required by the City’s zoning ordinance by approximately 1.25 acres and is only partially used at this time. As a result, the elimination of the RV storage area in excess of 0.24 acre in size (exclusive of driveways) is not considered a significant impact, in that the excess acreage is not necessary for compliance with the City’s CEQA Findings of Fact and Statement of Overriding Considerations 12/12/01 4 1. zoning requirements. The loss of the required 0.24-acre of RV storage, however, is considered a significant impact requiring mitigation. Finding: In order to reduce the significant land use impact resulting from the loss of 0.24-acre RV storage, the following measures shall be shown on the grading and improvement plans for both the College Boulevard Reach A and detention Basin “BJ.” Prior to elimination of access to the existing approximately 1.5-acre RV storage parking for Ranch0 Carlsbad Mobile Home Park (RCMHP) located within proposed detention Basin “BJ” and commencement of construction of Reach A of College Boulevard or installation of detention Basin “BJ,” the project applicant for Reach A shall secure a minimum 0.24-acre replacement site (exclusive of access roads) for RV storage parking at one of the following locations: 2) a) a) l The Ranch0 Carlsbad Partners’ property between RCMHP and the future College Boulevard Reach A; l The Robertson Ranch immediately northwest of the mobile home park and south of Cannon Road; l Within an area surrounding detention Basin “BJ” on the RCMHP property; or l Another site suitable and convenient to the RCMHP residents. The selected site shall be approved by the Planning Director for the City of Carlsbad and shall be installed prior to the beginning of construction for either Reach A of College Boulevard (which will cut off resident access to the site) or installation of detention Basin “BJ” (which will have the potential to inundate the lot with floodwaters). Landform Alteration/Visual Quality Impact: The landform alteration/aesthetic impact from both within Calavera Hills and off-site areas (e.g., El Carnino Real and Ranch0 Carlsbad Mobile Home Park) from the development of the southern villages is considered a significant visual quality impact. As shown in the noise section, noise walls up to 12 feet in height will be required. As an example, a noise wall approximately 1,400 feet in length with a maximum height of 12 feet will be required at Village U. The aesthetic impact associated with noise walls of this magnitude on both sides of the roadway will be considered a significant visual quality impact. Finding: Significant impacts are reduced to below a level of significance with implementation of measures included in the EIR. These include the following: The project applicant shall implement the proposed Master Landscape Concept Plan and conform to the grading requirements contained in the proposed Calavera Hills Master Plan. These requirements contained in the Master Plan include the following and shall be made conditions of future tentative map approvals. In order to reduce the direct landform alteration/visual quality impacts to below a level of significance, all of the following mitigation measures shall be implemented by a Final landscape plan to be approved by the Planning Director, with the approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first: 1. Utilize slope contour grading, in conjunction with landform vegetation planting for slopes adjacent to natural open space where visible from public roadways and public open spaces. Application of landform planting to simulate contour grading shall be required to soften the visual impact of manufactured slopes over 20 feet in height and 200 feet or more in length. The planting will consist of a variety of drought-tolerant trees, shrubs, and ground covers, with similar sized plants undulating horizontally and vertically on the slope face. All the plantings CEQA Findings of Fact and Statement of Overriding Considerations 6 12/12/01 2. 3. 4. 5. b) W 6. 3) 4 4 1. will conform to the City of Carlsbad Landscape Manual. This measure is required to provide a visual transition of slopes into the natural terrain in conformance to the City of Carlsbad Hillside Development Ordinance Section 2 1.95.120(F)( 1). Implement the Master Plan’s Landscape Guidelines and Landscape and Irrigation Standards for manufactured slopes adjacent to the proposed draft HMP open space to reduce the contrast and blend the visual appearance of the graded and developed site from natural off-site areas. Implement the Master Plan’s Landscape and Irrigation Standards and Landform Planting to simulate contour grading between development and native vegetation on visible manufactured slopes and internal project landscaping to reduce the off-site aesthetic impact from the grading proposed for residential development pads and roads. Implement the Master Plan’s Landscape and Irrigation Standards and Fire Control guidelines for perimeter slopes as a condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. Implement the Master Plan’s design guidelines for noise walls (exterior treatment and landscaping) to reduce aesthetic impacts. (See Figure 3B-16 of the EIR for compliance with the Master Plan’s six-foot-high solid wall height limitation.) A combination of wall/glass/berm is allowed if approved by the City and shall be landscaped to reduce the aesthetic impacts along College Boulevard and Carlsbad Village Drive. This type of noise wall shall be shown on all grading, tentative map, and landscaping exhibits as required with the approval of the individual tentative’s map Final Map or Grading Plan, whichever occurs first. Imaact: Both roadways in conjunction with the urbanization from existing, approved, and planned development will contribute to the degradation in the aesthetic character of the larger subregional area. This change in aesthetic rural character from the grading and construction of the proposed alignments is considered a significant impact. Finding: Project conformance to the Master Plan Landscape Guidelines and Landscape and Irrigation Standards for grading and revegetation will simulate natural slope contours, reduce the contrast between newly graded areas, soften the visual impact, and reduce landform alteration/aesthetic impacts to below a level of significance. The following measure will be shown on the grading and improvement plans for College Boulevard, Cannon Road, and the detention Basin “BIB.” Revegetate manufactured roadway slopes for College Boulevard, Cannon Road, and detention Basin “BIB” with native species to provide a transition to the adjacent native habitat as shown on the Landscape Plan approved by the Planning Director. Traffic Circulation Imaact: No significant project-induced traffic impacts have been identified that warrant mitigation. Measures listed as mitigation are project design measures. Finding: The construction of traffic signals on Master Plan Phase II roadways and construction of College Boulevard Reaches C and B (south of Carlsbad Village Drive to Cannon Road), Cannon Road Reach 3 (College Boulevard to El Camino Real), and participation in the Bridge and Thoroughfare District No. 4 for Cannon Road (Reach 4) and College Boulevard (Reach A) avoid direct impacts to traffic circulation. The project design incorporates the following measures into the project construction scheduling to avoid or reduce any potential impacts to below a level of significance. These measures include the: Construction of traffic signals at warranted locations within the Master Plan Phase II area; CEQA Findings of Fact and Statement of Overriding Considerations 12/12/01 2. Construction of College Boulevard Reaches C and B (south of Carlsbad Village Drive to Cannon Road) and construction of Reach 3 of Cannon Road linking College Boulevard and El Camino Real; and 3. Participation in the financing of the proposed Bridge and Thoroughfare District No. 4 or other financing mechanism for Cannon Road Reach 4 and College Boulevard Reach A. The above provisions of the Calavera Hills Master Plan shall be accomplished through payment or credits of Bridge and Thoroughfare District fees and/or construction of facilities as noted above. b) Impact: The City of Carlsbad is proposing removal of an existing barricade on College Boulevard south of Lake Boulevard. This action is not project dependent but is assumed to be in place prior to implementation of the proposed Calavera Hills Master Plan Phase II and Bridge and Thoroughfare District No. 4 project. b) Finding: Only in the event that the City of Carlsbad removes the existing barricade on College Boulevard south of Lake Boulevard prior to the construction of College Boulevard and Cannon Road, the interim mitigation measure listed below would be necessary. To avoid significant impacts from this action to the intersections of El Camino Real/Palomar Airport Road and at El Camino Real/Tamarack Avenue, it is anticipated that the City will complete the following measure prior to removal of the barricade: 1. Restripe the westbound through lane of Tamarack Avenue to create a left-turn lane within the existing roadway. This will improve the A.M. peak hour intersection operations to acceptable LOS C and p.m. peak hour operations to an acceptable LOS B. While the restriping of the intersection of Tamarack Avenue and El Camino Real, as proposed above, will ensure an acceptable level of service for this intersection through buildout of the project, the restriping measure should be considered an interim solution only. Restriping of the intersection as proposed results in a non-standard lane configuration which reduces the through movement capacity along Tamarack Avenue. In addition, due to the close proximity of the adjacent La Portalada Drive intersection on Tamarack Avenue, there is inadequate queuing space to accommodate the expected number of left-turn movements, which will result in reduced carrying capacity of the intersection. The permanent solution to ensure the proper functioning of the Tamarack Avenue and El Camino Real intersection is the completion of the College Boulevard and Cannon Road linkage from Carlsbad Village Drive to El Camino Real. 4) Geology/Soils 4 ImDact: The geotechnical reconnaissance study for the development of eight villages and the construction of College Avenue from Carlsbad Village Drive south to Cannon Road indicates that some remedial work may be required to address the presence of claystones/siltstones at or near cut grades, including stabilization fills. Sedimentary and igneous bedrock materials were found to be generally suitable for the support of fills and structures. Very dense exposures of igneous bedrock will likely require drill and shoot blasting techniques in order to excavate. This is considered a significant impact. a) Finding: The following mitigation measures will be required to reduce impacts associated with grading and blasting activities: As a condition of approval of the master tentative map’s Final Map or Grading Plan, whichever occurs first, the project applicant shall implement the following general and specific measures to reduce impacts to a less than significant level. These include: Calavera Hills Master Plan Phase II 1. Gvading: Fill and cut slopes shall be stabilized consistent with recommendations included in the geotechnical report. Site excavation and grading shall employ remedial earthwork for all CEQA Findings of Fact and Statement of Overriding Considerations 8 12/12/01 villages (including but not limited to, shear key construction for all fill slopes, removal and recompaction of colluvial topsoils and overexcavation of transition pads or cut pads exposing bedrock transitions or expansive soil. Buttresses and/or stabilization fills do not appear to be necessary but may be required depending on future slope stability analyses or field experience. Overexcavation may be required, below the depth of the lowest utility line for street areas exposing hard rock. Conventional grading and drill and shoot excavation may be required within all villages except Villages H and R where conventional grading equipment should be sufficient. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study, City of Carlsbad Grading Ordinance and San Diego County Blasting Ordinance as they apply. 2. Expansive Soils, Slopes, and Foundations: Post- tensioned foundations shall be employed for areas with highly expansive soil conditions - including natural slopes within Village H and R exposing earth materials belonging to the Santiago Formation and expansive clayey bedrock materials. 3. Slope Erosion: Subject to the approval of the City Public Works Director, the project proponent shall remove topsoil to the recommended depth, depending on location and recompaction requirements, as indicated in the geotechnical report prepared for the project. 4. Foundations: Subject to the approval of the City Public Works Director, the project proponent shall monitor settlement at locations identified in the geotechnical study. At a minimum, the project applicant shall employ post-tensioned foundations for areas where structures overlay compacted fills approximately 30 feet or more in thickness or where differential fill thickness exceeds 3:l across the lot. 5) Noise Construction a) Impacti Portions of existing residential developments (Villages C, D, L-l, 0, Pl, and Q) could experience noise levels in excess of County standards during blasting activities. As indicated, if blasting activities occur within 225 feet of existing residential areas for more than eight hours, a significant noise impact could occur. 4 Finding: Blasting and disclosure requirements are mandated by ordinance. Title 3, Div. 5, Chapter III, of the County Code of Regulatory Ordinances provides enforcement, application, definitions, and requirements to be met prior to issuance of a blasting permit. Among these are the requirement to show insurance and indemnification, permitted hours, notification requirements, violations and penalties, and payment of fee requirements. Detailed information can be obtained from the County of San Diego Sheriffs Department, License Division, 9621 Ridgehaven Court, P.O. Box 429000, San Diego, California 92142-9000. In addition to the preceding, the following requirements will lessen potential noise impacts to existing residential areas to below a level of significance and are required as a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. The following summarizes the measures to be incorporated in this project. Prior to approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project developer shall implement the following measures to reduce potentially significant noise impacts to portions of existing residential developments (Villages C, D, L-l, 0, Pl, and Q) during blasting activities: 1. Prior to blasting, an overall blasting program and blasting schedule shall be approved by the City Public Works Director and Planning Director. CEQA Findings of Fact and Statement of Overriding Considerations 9 12/12/01 2. 3. 4. 5. 6. b) b) 1. 2. 3. Cl 4 Prior to blasting, the contractor shall provide confirmation to the satisfaction of the City Public Works Director that the Carlsbad Police Department and the County Sheriffs Department have been notified that blasting activities are about to commence. Prior to blasting, the property owner shall provide proof (e.g., copy of certified letter and mail receipt) that a one-time notice in writing has been given to residences and businesses within 600 feet of a potential major blast location. The notice shall include the anticipated blasting schedule and provide a contact phone number for the blasting contractor. A pre-blast inspection of existing structures shall be conducted within 300 feet of any proposed detonation by an inspector approved by the Carlsbad Police Department, the San Diego County Sheriffs Department, and the City of Carlsbad Building Department. The project shall conform to San Diego County Blasting Ordinance Title 3, Division 5, Chapter III, County Code of Regulatory Ordinances Sections 35.377.101-104,35.377.301(a), 35.377.306 and 35.377.307) to reduce the temporary noise impacts due to blasting and Section 8.48.010 of the City’s Municipal Code limiting allowable hours of activities. The allowable hours of activities associated with blasting will be from 9:00 A.M. to 4:30 P.M. or one-half hour before sunset, whichever comes first, Monday through Friday. No blasting will be allowed on weekends or on the holidays specified in Section 8.48.010 of the City’s Municipal Code. A blasting report shall be submitted to the City of Carlsbad City Public Works Director prior to any blasting activities. The report shall conform to the San Diego County Blasting Ordinance (Division 5, Title 3, Section 35) and vibration standards promulgated by the U.S. Bureau of Mines. Impact: Portions of existing residential developments (Villages C, D, E-2, F, G, L-l, Q, and T) and the Calavera Hills Community Park west of Village E- 1 could experience noise levels in excess of County standards during grading activities. Finding: Prior to approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project developer shall implement the following measures to reduce potentially significant noise impacts to portions of existing residential developments (Villages C, D, E-2, F, G, L-l, Q, and T) and the Calavera Hills Community Park west of Village E- 1 generated by grading activities. Implementation of the following measures will avoid or reduce potentially significant noise impacts to below a level of significance: Hours of grading shall be limited to the time period allowed in Carlsbad Municipal Code (Section 8.48.010); 7:00 A.M. to sunset on weekdays and 8:00 A.M. to sunset on Saturdays. No grading, except in the event of an emergency as determined by the City Manager per Municipal Code Section 8.48.020, shall occur on Sundays and designated holidays. If grading activities will occur within 150 feet of existing residential areas, those construction activities shall be limited to an eight-hour period within the allowable time frame indicated above. Grading and construction equipment shall be properly maintained and fitted with standard mufflers. Verification shall be provided to the satisfaction of the Planning Department Director prior to the commencement of grading. Impact: Although not significant, noise levels from the temporary materials processing centers could be perceived as a nuisance to receivers in the surrounding existing residential areas (Villages C, L-l, 0, P-l, and Q). Finding: The following measures shall be implemented to reduce noise generated by activities at the materials processing centers while in operation that could be perceived as a nuisance to receivers in the surrounding existing residential areas (Villages C, L-l, 0, P- 1, and Q): CEQA Findings of Fact and Statement of Overriding Considerations 10 12/12/01 1. 2. Hours of operation of the materials processing centers shall be limited to the time period allowed in Carlsbad Municipal Code Section 8.48.010 for construction; 7:00 A.M. to sunset on weekdays and 8:00 A.M. to sunset on Saturdays. No construction, except in the event of an emergency as determined by the City Manager per Municipal Code Section 8.48.020, shall occur on Sundays and designated holidays. Prior to the commencement materials processing, construction equipment shall be properly maintained and fitted with standard mufflers. Future Traffk-Generated Noise - On-Site 4 d> 1. 2. Impact: Portions of the proposed project could experience future exterior noise levels in excess of the City’s 60 CNEL (community noise equivalent level) exterior noise standard. This is considered a significant noise impact requiring noise barriers in appropriate locations. Finding: Barrier heights specified below are relative to pad elevations where barriers are constructed at the pad edge. Where barriers are constructed along the roadway edges; the barrier height is relative to the roadway. Required barrier heights may be achieved through the construction of walls, berms, or wall/berm combinations. The effectiveness of a barrier is dependent upon the quality of construction and the barrier material mass and acoustical properties. Barriers should be tree of cracks and holes. The transmission loss through a barrier should be at least 10 decibels greater than the estimated barrier attenuation (Federal Highway Administration 1979:34). If a barrier attenuates noise levels by 5 A-weighted decibels [dB(A)] at a receiver location, the barrier transmission loss must be at least 15 dB(A) to prevent audible noise from traveling through the barrier and adding to the acoustical environment. Examples of acceptable barrier materials include, but are not limited to, masonry block, wood fi-ame with stucco, 0.5-inch-thick Plexiglas, or 0.25~inch- thick plate glass. If transparent barrier materials are used, no gaps should occur between the panels. Village H a) The project applicant shall construct noise barriers varying from three to four feet in height along the top of the pad slopes as shown in Figure 3D-5 of the EIR to ensure that exterior ground-floor noise levels are reduced to 65 CNEL or less. W For those areas where ground- and/or second-floor exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s 45 dB(A) hourly average sound level [L,,(h)] standard for schools. Forced-air circulation or air conditioning shall be provided for all buildings where it is necessary to keep windows closed in order to meet the City’s interior noise standard. Village E- 1 a) The project applicant shall construct noise barriers approximately 11 feet in height along College Boulevard and 8 feet in height along Carlsbad Village Drive to ensure that noise levels at all ground-floor usable areas within the village are reduced to a level at or below 60 CNEL. Noise barriers shall comply with Figure 3B-16, which describes noise barrier specifications. b) The project applicant shall perform a detailed acoustical study to refine the above- required barrier heights and locations once detailed grading plans are completed as part the Village’s entitlement process. CEQA Findings of Fact and Statement of Overriding Considerations 11 lUl2/01 Interior Noise Levels for Residential Uses: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required to demonstrate that interior noise levels due to exterior sources will be below the 45 CNEL residential interior standard. b) The project developer shall provide forced-air circulation or air conditioning for residential use areas where exterior noise levels are projected to exceed 60 CNEL and it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s residential interior standard of 45 CNEL. 3. Village K Exterior Noise Levels: The project applicant shall construct noise barriers varying fkom three to five feet in height along the top of the pad slopes as shown in Figure 3D-7 of the EIR to reduce significant noise levels at all ground-floor usable areas within the village to 60 CNEL or below. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation measures are required: 4 At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required to demonstrate that interior noise levels due to exterior sources will be below the 45 CNEL interior standard. W For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 4. Village U Exterior Noise Levels: The project applicant shall construct noise barriers varying from five to twelve feet in height along the edge of College Boulevard as shown in Figure 3D-9 of the EIR to reduce noise levels at all ground- floor usable areas within Village U to 60 CNEL or below. Noise barriers shall comply with Figure 3B-16 in the EIR. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: 4 At the time that building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CEQA Findings of Fact and Statement of Overriding Considerations 12 lUlUO1 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 5. Village W Exterior Noise Levels: To reduce significant exterior noise to residential uses, the project applicant shall construct noise barriers varying from five to eleven feet in height along the edge of College Boulevard as shown in Figure 3D-11 of the EIR to ensure that noise levels at all ground-floor usable areas within the village would be at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B-16. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 6. Village X Exterior Noise Levels: To reduce significant ground-floor exterior noise levels for residential use areas, the project applicant shall construct noise barriers varying from five to nine feet in height along the top of the slope as shown in Figure 3D-11 in the EIR. This measure reduces noise levels at all ground-floor usable areas within the village to a level at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B- 16. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required. Interior Noise Levels: 4 At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the CEQA Findings of Fact and Statement of Overriding Considerations 13 12/12/01 City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 7. Village Y Exterior Noise Levels: To reduce significant ground-floor exterior noise levels that exceed the City’s 60 CNEL residential standard, the project applicant shall construct noise barriers varying from six to ten feet in height along the top of the slope as shown in Figure 3D-11 of the EIR. The noise barrier will reduce noise levels at all ground-floor usable areas within the village to a level at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B- 16. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. Future Traffic-Generated Noise - Off-Site Ranch0 Carlsbad Mobile Park Home: To reduce significant noise impacts to the Ranch0 Carlsbad Mobile Home Park for the proposed Cannon Road Alignment (EIR Alternative 1 or Alternative 3), the project applicant shall construct minimum four-foot-high noise barriers along the edge of the roadway as shown in Figure 3D-12 of the EIR to reduce noise to a level at or below the City’s residential noise standard of 60 CNEL Robertson Ranch House: The project applicant shall construct noise barriers varying from seven to eight feet in height for the proposed Cannon Road Alignment (Alternative 1) (EIR Figure 3D-12) or for Alternative 3, the “Reduced Intersection Elevation” alternative as shown in Figure 3D-16 of the EIR to reduce exterior noise levels at the ranch house to a level at or below the City’s 60 CNEL standard. Noise barriers shall comply with Figure 3B-16 of the EIR. Development of Future Sensitive Receivers: To avoid significant impacts to future sensitive receivers that may be constructed within approximately 1,500 feet of the proposed Cannon Road or College Boulevard alignments, the City shall require all new development placed adjacent to these roadway alignments to prepare detailed acoustical studies demonstrating that on-site noise levels will meet City standards if the road is built and require deed restriction to be processed with village-level approvals to disclose adjacent noise source. Existing Residents/The Cape: To reduce significant noise levels at The Cape due to traffic on future segments of College Boulevard where noise levels are projected to exceed 60 CNEL, the project applicant shall offer to construct noise barriers varying from three to nine feet in height on private properties as shown in Figure 3D-18 in the CEQA Findings of Fact and Statement of Overriding Considerations 14 12/12/01 EIR. With implementation, exterior noise levels at The Cape are anticipated to remain at or below the City’s 60 CNEL standard. Noise barriers shall comply with Figure 3B- 16 of the EIR. Prior to grading or construction of College Boulevard Reach C, the project applicant shall make an effort to gain permission from each of the affected private property owners prior to construction of barriers on private property within the Cape. Permission to construct the barriers shall be voluntary and owners may refuse the barrier construction. In the event that individual owners refuse barrier construction, noise impacts at those locations would remain significant and unmitigated. The barriers may be constructed of transparent materials (e.g., glass, Plexiglas). Where permission is granted, actual construction of the wall shall occur concurrently with the construction of College Boulevard. To obtain the permission of individual property owners, the project applicant shall: 4 Contact the homeowners and inquire as to the desirability of a barrier constructed on their backyard. b) Obtain the necessary entrance and construction permits for building the barrier and the releases for maintenance of the constructed wall for those units whose owners have given a positive response. 4 Construct the wall. For off-site properties subject to noise levels in excess of City noise standards and where permission is required and granted to construct noise barriers (e.g., The Cape), the following mitigation is required as a condition for approval of the Final Map or Grading Plans, whichever occurs first: Prior to completion of College Boulevard Reach C: 4 The project proponent shall construct noise walls to conform to the design requirements described in the Master Plan and this EIR (e.g., Figure 3B-16). b) An acoustical study shall be prepared and submitted to the City demonstrating that barriers are sufficient to reduce exterior noise levels to the City’s 60 CNEL standard or below. C) Amended codes, covenants, and restrictions (CURS) shall be reviewed by the City for barrier maintenance. 5) Agriculture 4 Impact: Both College Boulevard and Cannon Road are adopted General Plan circulation element roadways. Previous environmental analysis conducted for the final EIR for the Calavera Hills Master Plan (1993) indicated that, prior to inclusion on the circulation element, there is no possible rerouting of the Cannon Road and College Boulevard alignments that allows these roads to function as planned while at the same time avoiding impacts to active agricultural areas or prime agricultural soils. The project roads are required to connect already urbanized and developing areas east of El Carnino Real with urbanized areas to the west, south, and north. Given that earlier approvals acknowledged that avoidance of a significant impact to prime agricultural soils is possible only with selection of the No Project alternative, implementation will result in a significant impact. a) Finding: To reduce significant direct and indirect impacts to prime agricultural soils and ongoing agricultural operations affected by construction of project segments of College Boulevard and Cannon Road, the following measure shall be shown on the grading and improvement plans for all reaches of College Boulevard and Cannon Road and detention basins “BJB” and “BJ.” 1. Proposed detention basins and project segments of College Boulevard and Cannon Road shall maintain a site access throughout construction and subsequent operation of the roadways and basins to ensure continued access to all remaining active agricultural areas. CEQA Findings of Fact and Statement of Overriding Considerations 15 12/12/01 6) Public Facilities The following measures regarding city administrative facilities, library, and wastewater treatment are required as a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. City Administrative Facilities a) The proposed project reports a total of 6,004 persons, or 239 persons more than the Impact: 1989 analysis. The impact of increasing buildout population by 239 persons from the development of Phase II does not significantly affect the results of the previous analysis, which concluded that city administrative facilities will be adequate and in conformance with the adopted performance standard through buildout of the zone. With the 1991 formation of the City of Carlsbad Community Facilities District (CFD) No. 1, funding for all future city administrative facilities is guaranteed to buildout of the city. Zone 7 property owners are participants in this CFD program. Significant impacts to City administrative facilities will not occur. 4 Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay public facilities fees, which constitute the required financial guarantee and Zone 7 mitigation for city administrative facilities. Library Facilities b) Impact: The approved 1989 Zone 7 LFMP requires that 800 square feet of library space be scheduled for construction within a five-year period for every 1,000 population within the zone. Implementation of the proposed project will signiricantly contribute to the impact to library facilities. b) Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay public facilities fees, which constitute the required financial guarantee and Zone 7 mitigation for library facilities. Wastewater Treatment Capacity C) Impact: The Zone 7 LFMP requires that adequate wastewater treatment capacity is available for development for at least five years. In addition, all private development within Zone 7 is required to pay Carlsbad Municipal Sewer fees prior to the issuance of building permits. 4 Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay Carlsbad municipal sewer fees. No additional mitigation is required. Parks 4 Impact: Zone 7 has been determined to have a surplus supply of parks throughout anticipated buildout of the zone (Planning Systems 1999) based on current City policy which recognizes future Larwin Park as funded within the next five years. As a result, at buildout the additional population associated with the proposed project will have a less than significant impact on parks. In the event the City modifies their policy in the future regarding Larwin Park or eliminates its funding and provides no replacement park activity areas within Park District 2, this could become a significant impact due to its inconsistency with the Growth Management Plan. CEQA Findings of Fact and Statement of Overriding Considerations 16 12/12/01 d) Based on current City policy, sufficient parkland is available and fnnded to meet the Finding: adopted performance standard for park requirements in Park District 2, and thus no mitigation is required. The City of Carlsbad Public Works/Parks and Recreation city staff is required to demonstrate annually that the project complies with Growth Management Plan for park facilities in this park district. In the event City policy changes, or public funding for proposed parkland is withdrawn or redirected to the degree that the performance standard of 3 acres of parkland per 1,000 population is no longer attained, then the developer shall provide sufficient funding for parkland to allow the proposed development to proceed prior to the issuance of building permits. Drainage e) Impact: Figures 2-l and 3B-15 of the final EIR show the location and configuration of large- scale detention basin improvements that will be constructed to retain storm water runoff in conjunction with anticipated Zone 7 Phase II development (Basins”BJB”). 4 Finding: Project design and proposed drainage improvements detailed in the EIR reduce potential impacts to a less than significant level. These measures include the following: Table 3F-2 shows the on-site drainage improvements that will be implemented in conjunction with anticipated Zone 7 Phase II development. The following additional off-site improvements are required to reduce or avoid the potential for flooding of downstream properties: 1. Prior to issuance of a grading permit, the project proponent shall ensure that construction of first phase improvements for the future Basin “BIB” are adequate to mitigate the flows from the Calavera Hills development such that there is no increase to drainage flow discharged into the Calavera Creek north and adjacent to the Ranch0 Carlsbad Mobile Home Park. 2. As a condition for approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project proponent shall show proof of payment or credit for construction of facilities “BIB” of the existing Local Drainage Area Fee program and participation in the financing of the expanded Master Drainage Plan improvements required to mitigate existing flooding problems within the Ranch0 Carlsbad Mobile Home Park downstream of the Calavera Hills Master Plan development. Implementation of these measures mitigates the project impacts to below a level of significance. Fire Facilities 0 Impact: Even if relocation of Fire Station No. 3 is delayed, implementation of the proposed project will have a less than significant impact on accomplishing the City’s Fire Facilities Performance Standard because the number of total dwelling units outside the five-minute response time boundary will still not exceed the threshold standard of 1,500 dwelling units f) If at some time in the future, the City of Carlsbad Finding: No mitigation is necessary. determines that the Fire Service performance standard is no longer being met due to the fact that the fire station has not been relocated to the comer of Carlsbad Village Drive and Glasgow Drive, the City must adopt measures to ensure the adequate fire protection can be provided. If such measures are not adopted, then development within the fire district will be restricted or halted. Sewer Collection Facilities g) Impact: It is anticipated that all future Zone 7 Phase II development will utilize the NAHYSAHTI trunk system and that no additional sewage is projected to be directed toward the VistaKarlsbad Interceptor Line from VC13 or below. Both the NAHI and SAHTI connect CEQA Findings of Fact and Statement of Overriding Considerations 17 12/12/01 to the Vista Carlsbad interceptor in the southernmost portion of the system at VC1 1 and VC14. The draft Year 2000 study conducted by the Carlsbad Municipal Water District (CMWD) for the NAHI sewer line evaluated the theoretical maximum flow rate that can be accommodated with the existing NAHI line and the Foxes Landing Lift Station. The earliest the SAHTI trunk line is expected to come on-line is mid to late 2002. When completed, the line will accept all Zone 7C flow, which includes the vast majority of Phase II. Phase II development occupancies may occur prior to installation of this line. This is considered a significant impact requiring mitigation. In the event that development occupancies occur and no permanent or acceptable temporary solution is proposed to resolve the downstream regional SAHl sewer issue, the City or a developer will be required to install this line, or an otherwise acceptable temporary solution, as a condition of development. g) Finding: On-site sewage collection trunk line requirements for future Phase II development are shown on Table 3F-3. In addition, subject to approval by the City Public Works Director, significant direct and indirect long-term impacts to sewer collection facilities shall be reduced to below a level of significance through implementation of the following measure: The proposed development project shall participate in the existing fee program for financing the South Agua Hedionda system. If South Agua Hedionda is not completed prior to the project’s need for capacity, the project shall implement one of the following alternatives: 1) Divert flows to the North Agua Hedionda Interceptor as all flows are currently diverted. 2) If the North Agua Hedionda Interceptor is full, the project shall do one of the following: a) Construct improvements on the North Agua Hedionda line to increase the capacity. This could require construction of a temporary storage reservoir to regulate flows; b) Construct an interim South Agua Hedionda Lift Station to meet the needs of the proposed project; cl Construct an interim lift station to pump into the Buena Vista Drainage Basin with all required conveyance facilities to be constructed in road rights-of-way; or d) Construct an interim lift station to pump flows into the Encinas Creek Basin. All new conveyance facilities are to be constructed in road rights-of-way. Water Distribution System b) 9 1. 7) a) 4 Impact: No distribution line changes to the water facility analysis and conclusions of the 1989 Zone 7 LFMP will be necessary as a result of the proposed land use redistribution in the proposed project. The adopted Zone 7 LFMP indicates that, with mitigation, water facilities will meet the adopted performance standard through buildout of the zone. Finding: Implementation of the following measure reduces or avoids the potential impact: The developer shall contribute to the construction of regional water facilities, funded by CMWD through payment of water fees. On-site water distribution improvements to deliver water to the new residences shall be in place prior to occupancy. Table 3F-4 of the EIR lists the proposed on-site improvements to the water distribution system. Biological Resources Impact: The proposed project would impact listed species, sensitive plant communities, including two non-sensitive plant communities listed as significant, habitat resources for sensitive wildlife species in the City of Carlsbad’s draft HMP, (1999) and habitats considered sensitive under CEQA, and wetlands. Finding: Significant impacts to listed species, sensitive plant communities and habitats, and wetlands can be mitigated to below a level of significance with mitigation measures listed CEQA Findings of Fact and Statement of Overriding Considerations 18 12/12/01 below. This includes the plant communities identified as sensitive under CEQA and two non- sensitive plant communities listed the City of Carlsbad’s draft HMP (City of Carlsbad 1999) and classified as significant habitat resources for sensitive wildlife species: southern mixed and chamise chaparral and non-native grassland. The Draft HMP provides mitigation guidelines for impacts to these communities. These impacts are not considered significant under CEQA and, if the Draft HMP is not approved or adopted by the City as currently published, these impacts would not require mitigation. Additionally, all projects would be required to obtain applicable permits for impacts to listed species as per Section 10(a) or Section 7 of the federal Endangered Species Act. The following measures are required as a condition of approval for the master tentative map’s (CT-OO- 02) Final Map or Grading Plan, whichever occurs first. Calavera Hills Master Plan Phase II 1) Sensitive Plant Communities Diegan Coastal Sage Scrub: The project applicant shall mitigate for impacts to 80.8 acres Diegan coastal sage scrub (DCSS) at a ratio of 2: 1 through the on-and off-site site preservation of 161.6 acres of DCSS and restoration of 2.4 acres DCSS along manufactured slopes, for a total of 164 acres. Based on the Draft I-IMP “hard line” open space areas, a portion of the manufactured fill slope on the southern side of Village K (see EIR Figure 3G-4) would be located within the open space side of the “hard line,” but would be required to be revegetated with coastal sage scrub. The project applicant shall ensure that no part of any fire suppression zone shall be allowed within the Draft HMP “hard-line” open space areas except at Village K and Village X. Mitigation for this impact will require a modified program for fire suppression (which reduces the fire suppression horizontal distances of the zones) and a pull-back of the structural development within these areas. Southern Mixed and Chamise Chaparral: Significant impacts to southern mixed and chamise chaparral shall be mitigated regardless of the approval status of the Draft HMP. The project applicant shall mitigate for impacts to 27.5 acres of southern mixed and chamise chaparral at a ratio greater than the required 1: 1 through preservation of 38.9 acres of like habitat. Non-Native Grasslands: Significant impacts to non-native grasslands shall be mitigated regardless of the status of the Draft I-IMP. The project applicant shall mitigate for impacts to 2.0 acres of non-native grasslands off-site at a 0.5: 1 ratio for a total of 1 .O acre. In total, the proposed project retains 18.2 acres of non-native grasslands within the on-site open space preservation area. Cismontane Alkali Marsh: The project applicant shall mitigate for impacts to 0.1 acre of cismontane alkali marsh (seasonal) at a 3: 1 ratio or 0.3 acre. This shall be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to the resource agencies and City of Carlsbad. Eucalyptus Woodlands/Disturbed Lands: Impacts to eucalyptus woodland (1 acre) and disturbed lands (13.9 acres) shall be mitigated only if the Draft HMP is approved. If the Draft HMP is not approved, impacts these lands would not be considered significant under CEQA and would not require mitigation. If the Draft HMP is approved and resources are determined to be subject to the City of Carlsbad “In-lieu Mitigation Fee,” the project applicant shall pay for each acre of impact to eucalyptus woodland/disturbed lands at an amount to be determined by the City Council. CEQA Findings of Fact and Statement of Overriding Considerations 19 12/12/01 Bridge and Thoroughfare District/Detention Basins 1) Sensitive Plant Communities Diegan Coastal Sage Scrub:, The project applicant shall mitigate for impacts to sensitive resources as follows: l College Boulevard (Reach A). Impacts to 1.5 acres of DCSS shall be mitigated at a ratio of 2: 1 through the preservation of 3.0 acres at a location acceptable to the City of Carlsbad and responsible agencies. l College Boulevard (Reach B). Impacts to 3.2 acres of DCSS shall be mitigated at a ratio of 2:l through the preservation of 6.4 acres at a location acceptable to the City of Carlsbad and responsible agencies. l College Boulevard (Reach C). Impacts to 5.7 acres of DCSS have been previously mitigated as part of Calavera Hills Phase I Mitigation Program for the development of Villages Q and T. l Cannon Road (Reach 4). Impacts to 16 acres of DCSS at a ratio of 2: 1 through the on-site preservation of 32 acres. Impacts shall be mitigated at a location acceptable to the City of Carlsbad and responsible agencies. Southern Mixed and Chamise Chaparral: The project applicant shall mitigate for impacts to sensitive resources as follows: l College Boulevard (Reach C). Impacts to 6.6 acres of southern mixed and charnise chaparral have been previously mitigated as part of Calavera Hills Phase I Mitigation Program for the development of Villages Q and T. Non-native Grasslands: The project applicant shall mitigate for impacts as follows: l College Boulevard (Reach A). Impacts to 1 .O acre of non-native grasslands at a 0.5: 1 ratio for a total of 0.5 acre of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad l Cannon Road (Reach 3). Impacts to 0.7 acre of non-native grasslands at a 0.5:1 ratio, for a total of 0.35 acre, of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.2 acre of non-native grasslands at a 0.5:1 ratio, for a total of 0.1 acre, of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad. Cismontane Alkali Marsh: The project applicant shall mitigate for impacts as follows: l Cannon Road (Reach 3). Impacts to 0.6 acre of cismontane alkali marsh shall be mitigated at a 3: 1 ratio for a total of 1.8 acres of like habitat. This shall be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.1 acre of cismontane alkali marsh (seasonal) shall be mitigated at a 3: 1 ratio for a total of 0.3 acres of like habitat. This shall-be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to the resource agencies and City of Carlsbad Riparian Woodland: The project applicant shall mitigate for impacts as follows: . College Boulevard (Reach A). Impacts to 0.6 acre of riparian woodlands shall be mitigated at a 3:l ratio for a total of 1.8 acres of like habitat. CEQA Findings of Fact and Statement of Overriding Considerations 20 12/12/01 l College Boulevard (Reach B). Impacts to 0.7 acre of riparian woodlands shall be mitigated at a 3: 1 ratio for a total of 2.1 acres of like habitat. . Cannon Road (Reach 3). Impacts to 0.6 acre of riparian woodland shall be mitigated at a 3: 1 ratio for a total of 1.8 acres of like habitat. The replacement of five sycamores for every tree affected will be required. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. Riparian Forest/Riparian Scrub: The project applicant shall mitigate for impacts as follows: l College Boulevard (Reach A). Impacts to 0.3 acre of riparian scrub shall be mitigated at a 3: 1 ratio for a total of 0.9 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 3). Impacts to 0.2 acre of riparian scrub shall be mitigated at a 3: 1 ratio for a total of 0.6 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.1 acre of riparian scrub (Reach 4) shall be mitigated at a 3: 1 ratio for a total of 0.3 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Car&bad. Eucalyptus Woodland, Agricultural, Disturbed Lands: The project applicant shall mitigate for impacts as follows: l College Boulevard/Cannon Road. If the draft HMP is adopted, the project applicant shall pay a per-acre fee, at an amount to be determined by the City of Carlsbad City Council, to mitigate for impacts to eucalyptus woodlands (1.5 acres), agricultural lands (30 acres), and disturbed lands (6.0 acres). 2) Sensitive Wildlife Coastal California Gnatcatcher: Construction impacts to active nests will be avoided by removing the DCSS within the project area outside of the breeding season (February 15 to August 30) unless a qualified biologist determines that there would be no impacts. A qualified biologist shall monitor all vegetation removal to ensure no direct impacts occur to individual birds or nests. Raptors: Construction impacts to nesting raptors will be avoided by removal of any tree in the project area between September and January, outside of the breeding season. If tree removal must be conducted during the breeding season, a raptor nest survey shall be conducted by a qualified biologist prior to any removal to determine if any raptor nests are present. If an active nest is discovered, a buffer shall be established around the tree until the young are independent of the nest site. Least Bell’s Vireo: All vegetation within the riparian scrub shall be removed outside of the breeding season (March 15 to September 15) to ensure that no direct impacts occur to these species. Additionally, a biologist shall monitor all vegetation removal to ensure no direct impacts occur to individual birds or nests. 3) Wetlands and Non-Wetland Jurisdictional Waters For all the project components, impacts to U.S. Army Corps of Engineers (USACE) wetlands and non- wetland jurisdictional waters of the U.S. and CDFG jurisdictional wetlands require a 404 permit from USACE, a 401 water quality certificate or waiver thereof from the Regional Water Quality Control Board (RWQCB), and a 1600 Streambed Alteration Agreement from CDFG. All project components shall be included in an individual 404 permit from USACE. The impacts to wetlands and non-wetland jurisdictional waters are described in detail in the final EIR and total 3.3 acres. The habitats impacted CEQA Findings of Fact and Statement of Overriding Considerations 21 12/12/01 include riparian scrub (0.6 acre), riparian woodland (1.9 acres), alkali marsh (0.7 acre), and non- wetland jurisdictional waters (0.1 acre). Pursuant to pending wildlife agency permits (USACE 404, RWQCB 40 1, and CDFG 1603), the wetland creation necessary to mitigate wetland impacts could occur in two locations at a ratio of 3: 1 for wetland habitats and a ratio of 1: 1 for non-wetland jurisdictional areas. The two locations are adjacent to Basin “BJ” in Little Encinas Creek (3.6 acres) and within Calavera Creek north of Basin “BIB” (7 acres). Approval of the wetland mitigation areas is required by the resource agencies as part of the 404 and 1600 permitting process. Calavera Hills Master Plan Phase II Calavera Nature Preserve- Village Z: To assure that funding is available for long-term maintenance of the Calavera Nature Preserve (Village Z of the Calavera Hills Master Plan), the following mitigation is required and also included in the 1993 Mitigation Agreement (see final EIR Appendix G). In order to provide for the cost of the long-term maintenance and biological monitoring program for the preserve, following the end of the initial five-year management period (November 1998 to November 2003), a long-term management program shall be defined and funded. The long-term management program shall be defined through a line item scope of work description and associated costs, to be prepared no earlier than the end of year two and no later than the end of year four, of the initial five-year management period. The property owner/on-site environmental manager will initially propose a scope of work for the long-term management program. The scope of work shall then be subject to peer review by the City. Based upon the scope of work and associated costs, agreed to by the developer or their successors and the City, a funding mechanism designed to finance preserve maintenance into perpetuity shall be provided by the developer or their successors. The funding for the long-term maintenance can be an annuity or other mechanism agreed to by the developer and the City. Managing the long-term maintenance program may be a separate agreement between the City and The Environmental Trust. 8) Archaeology/Cultural Resources a) Impact: There are 14 unevaluated sites recorded within and immediately adjacent to the proposed College Boulevard and Cannon Road alignments. These resources must be evaluated to determine their eligibility criteria for the California Register of Historical Resources, as required under CEQA and their significance under the Cultural Resource Guidelines. The evaluations will include surface and subsurface testing investigations, updates of site records for each evaluated resource, and a summary report and agreements for the long-term curation of the archaeological collections. If significant sites will be impacted as a result of the proposed improvements, then mitigation will be required. 4 Fourteen sites and one isolate are recorded within and immediately adjacent to the Finding: proposed alignment and alternative alignments for the College Boulevard and Cannon Road segments. Depending on the alignment selected, significant impacts could result. To avoid or reduce potentially significant impacts to archaeological resources, the project includes the following measures on the grading and improvement plans for College Boulevard and Cannon Road. 1. As a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, and upon selection or approval of final roadway alignments by the City Council: The project applicant shall provide a letter of verification to the City of Carlsbad CEQA Findings of Fact and Statement of Overriding Considerations 22 12/12/01 2. 3. 4. 5. 6. 9) a) 4 Planning Director that a qualified archaeologist/cultural resource specialist has been retained to conduct a field investigation for the selected alignment(s). Prior to any disturbance, a qualified archaeologist/cultural resource specialist shall conduct a site investigation for resources located in the selected alignments of preferred College Avenue alignment (Reach B) College Boulevard and Cannon Road to determine if any of the affected sites meet the criteria for importance under CEQA and significance under the Cultural Resource Guidelines. The project applicant shall submit the results of the full archaeological/CEQA significance assessment and related mitigation to the City of Carlsbad Planning Department prior to commencement of clearing, grubbing, or grading activities for roadway or detention basin construction. The test program for each site shall consist of mapping, a surface collection, surface scrapes, and subsurface test probes. If a subsurface deposit is identified as a result of the subsurface test probes, up to three 1x1-meter units shall be hand excavated to provide a sample of site contents. Where bedrock milling is present, each feature shall be measured, drawn to scale, and photographed. Following site investigation, the qualified archaeologist/cultural resource specialist shall analyze recovered cultural material and a summary report shall be prepared and submitted to the City of Carlsbad Director of Planning, the client, the South Coastal Information Center (SCIC), and the San Diego Museum of Man (SDMM). The summary report shall document the significance assessment investigations, present discussions and supporting data concerning the site’s ability to address applicable research issues, and make recommendations for future treatment and impact mitigation. The qualified archaeologist/cultural resource specialist, in cooperation with the responsible agency, shall update or complete site records, submit them to the SCIC and the SDMM, and make arrangements for the curation of the collections as needed following completion of the site investigation and preparation of a summary report. Prior to any disturbance and after release of the site investigation results, a treatment plan detailing the mitigation of impacts to important sites will be prepared by a qualified archaeologist and approved by the responsible agency. The qualified archaeologist/cultural resource specialist shall develop mitigation for any eligible sites consisting of preservation of significant resources in open space. If this is not feasible, a data recovery program shall be carried out. This plan shall be implemented as a condition of the application for grading permits. Prior to approval of the master tentative map’s (CT-00-02) Final Map, Grading Plan approval, or any other surface disturbance, and after release of the site investigation results, the project applicant shall not proceed with plans to construct any College Boulevard or Cannon Road alignment found to result in significant and unmitigated impacts to cultural/archaeological resources without first circulating the results to the public and allowing comment during an additional environmental review period. Paleontology Impact: Adverse impacts to paleontological resources could occur during grading for the Master Plan and any of the proposed road extension alignments. Grading for these projects could also impact paleontological resources in the “BIB” and “BJ” detention basins. Finding: The following paleontological measures consistent with the city’s paleontological mitigation program shall be required on the grading and improvement plans for College Boulevard and Cannon Road and the detention basins. In addition to compliance with the City’s adopted paleontological mitigation program, the following measures shall be made a CEQA Findings of Fact and Statement of Overriding Considerations 23 12/12/01 1. 2. 3. 4. 5. 10) 4 4 condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan approval, whichever occurs first: A qualified paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavations, the materials being excavated, and the abundance of fossils. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. Because of the small nature of some fossils present in these rock units, matrix samples should be collected for processing through fine mesh screens. Provisions for preparation and curation shall be made before the fossils are donated to their final repository. All fossils collected should be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. Hydrology/Water Quality Impact: There is the potential for short-term erosion and sedimentation impacts due to grading for development and the proposed project could have significant impacts on downstream water quality. Finding: The project will be required to comply with the National Pollutant Discharge Elimination System (NPDES) permit regulations as promulgated by the California Regional Water Quality Control Board for the San Diego region. Current regulations require the control of non-storm water discharges to the storm water conveyance system and development and implementation of a monitoring and reporting program to assess the storm water pollution prevention plan. The RWQCB has developed new regulations for the NPDES permit (Tentative Order No. 2001-01). The following mitigation measures shall be required on the grading and improvement plans for College Boulevard and Cannon Road and the detention basins. In addition, the measures shall be made a condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan approval, whichever occurs first. As a condition of approval of the master tentative map’s Final Map or Grading Plan, whichever occurs first, all project components the project will be required to adhere to applicable RWQCB the new regulations and to control sedimentation and erosion, including installation of temporary detention basins or other means of stabilization or impoundment required by the State Water Resources Control Board. The following guidelines shall be used during design and implemented during construction to reduce runoff and minimize erosion: 1. Comply with current drainage design policies set forth in the City of Carlsbad procedures. 2. Create desiltation basins where necessary to minimize erosion and prevent sediment transport, until the storm drain system is in place and streets are paved. 3. Landscape all exposed, manufactured slopes per City of Carlsbad erosion control standards. 4. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion. 5. Control sediment production from graded building pads with low perimeter berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. 11) Air Quality a) Impact: The San Diego Air Basin is considered a nonattainment area for particular air pollutants, and thus, all sources of emissions in the basin may be considered as contributing to CEQA Findings of Fact and Statement of Overriding Considerations 24 12/12/01 4 1. 2. 3. 4. 5. 6. 7. 8. a significant air quality impact. Emission from construction activities could be significant without the mitigation measures listed below. Finding: Emission from construction activities, which are localized and short term, can be mitigated using appropriate control measures. The construction mitigation measures listed below should be included as conditions of approval of grading permits. Each contractor/applicant is responsible for this task upon verification by the City of Carlsbad. The phasing of the various construction projects is considered beneficial in terms of reducing concurrent emissions from construction activities. All project construction activities (e.g., grading, blasting, materials processing) are subject to the City of Carlsbad Grading Ordinance and are required to implement the following Best Management Practices (BMPs) measures to reduce impacts from fugitive dust and construction-related emissions. As conditions of the master tentative map’s (CT-00-02) Final Map, Grading Plan, and the grading plans for College Boulevard and Cannon Road (BTD No. 4) and detention basins, whichever occurs first, and to be included as notes and exhibits on the grading plan and subsequent improvement plans, the following mitigation measures will be required: All unpaved construction areas shall be sprinkled with water or other dust control agents acceptable to the San Diego Air Pollution Control District (APCD) during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. On dry days, dirt or debris spilled into paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. On-site stockpiles of excavated material shall be covered or watered. During on-site rock crushing, rock materials undergoing processing shall be watered at sufficient frequency. The project shall install an automatic water, mist, or sprinkler system in areas of rock crushing and conveyor belt systems. The project shall abide by all conditions of approval for dust control required by the San Diego APCD. Low pollutant-emitting construction equipment shall be used. Construction equipment shall be equipped with prechamber diesel engines (or equivalent) and shall receive proper maintenance and operated so as to reduce emissions of nitrogen oxide, to the extent available and feasible. 9. Where feasible, electrical construction equipment shall be utilized. Incorporation of these measures reduces construction-related air quality impacts to below a level of significance. 12) Geology and Soils Calavera Hills Master Plan Phase II a) 4 Impact: The presence of expansive/unstable soils presents a constraint to development where any of the following occurs: highly expansive soils, compacted fills of 30 or more feet in thickness, or differential fill where thickness conditions exceed 3: 1 across a given lot. Finding: Implementation of standard engineering remedies, including post-tensioned or conventional foundations systems, ensures that impacts associated with development on expansive or compacted soils or soils of differential fill thickness are avoided or reduced to below a level of significance. The following specific mitigation is proposed: CEQA Findings of Fact and Statement of Overriding Considerations 25 12/12/01 AS a condition of approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project applicant shall implement the following general and specific measures to reduce impacts to a less than significant level. These include: 1) Grading Subject to the approval of the City Engineer Public Works Director, fill and cut slopes shall be stabilized consistent with recommendations included in the geotechnical report. Site excavation and grading shall employ remedial earthwork for all villages (including but not limited to shear key construction for all fill slopes, removal and recompaction of colluvial topsoils, and overexcavation of transition pads or cut pads exposing bedrock transitions or expansive soil). Buttresses and/or stabilization fills do not appear to be necessary but may be required depending on future slope stability analyses or field experience. Overexcavation may be required below the depth of the lowest utility line for street areas exposing hard rock. Conventional grading and drill and shoot excavation may be required within all villages except Villages H and R (Villages H, R, along with Village E-l which are not part of master tentative map CT-00-02 and will receive separate grading approvals), where conventional grading equipment should be sufficient. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study, City of Carlsbad Grading Ordinance, and San Diego County Blasting Ordinance, as they apply. 2) Expansive Soils, Slopes, and Foundations Post-tensioned foundations shall be employed for areas with highly expansive soil conditions exposing earth materials belonging to the Santiago Formation and expansive clayey bedrock materials. 3) Slope Erosion Subject to the approval of the City Public Works Director, the project proponent shall remove topsoil to the recommended depth, depending on location and recompaction requirements, as indicated in the geotechnical report prepared for the project. 4) Foundations Subject to the approval of the City Public Works Director, the project proponent shall monitor settlement at locations identified in the geotechnical study. At a minimum, the project applicant shall employ post-tensioned foundations for areas where structures overlay compacted fills approximately 30 feet or more in thickness or where differential fill thickness exceeds 3: 1 across the lot. Bridge and Thoroughfare District No. 4 Grading, Expansive Soils, Slopes, Foundations, Slope Erosion b) The two alignments for each roadway have the same general soil conditions and, Impact: therefore, share the same geologic concerns. Constraints include the potential for settlement requiring monitoring where significant fills are proposed in alluvial areas that contain large amounts of potentially compressible soils. Although these constraints represent a potentially significant geological impact, the impact is easily mitigated with standard remedial grading and road construction techniques. Very dense exposures of igneous bedrock will likely require drill and shoot blasting techniques in order to excavate. This is considered a significant impact. 9 Finding: In order to reduce impacts associated with grading and blasting activities, the following measures will be required on the grading and improvement plans for College , Boulevard and Cannon Road and also made a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, and upon selection or approval of final roadway alignments by the City Council: 1. Subject to the approval of the City, the project applicant shall, depending on location and recompaction requirements, remove topsoil to the recommended depth as indicated in the CEQA Findings of Fact and Statement of Overriding Considerations 26 12/12/01 2. 3. 4. 5. 6. 7. 8. 9. II. geotechnical report prepared for the proposed College Boulevard and Cannon Road alignments. Subject to the approval of the City, the project applicant shall stabilize fill and cut slopes consistent with the recommendations included in the geotechnical report. Subject to the approval of the City, the project applicant shall monitor settlement at intervals and locations identified in the geotechnical study. Subject to the approval of the City, the project applicant shall provide adequate subdrainage in canyon areas consistent with recommendations in the geotechnical study. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study and requirements of the City of Carlsbad Grading Ordinance and San Diego County Blasting Ordinance as they apply. Subject to the approval of the City, the project applicant shall ensure that toe keys are constructed in side-hill fills consistent with the recommendations of the geotechnical study. Prior to construction, oversize rock shall be disposed of within the deeper fills. Rock in excess of eight inches shall be placed a minimum of one foot below the lowest utility in road areas. Final determination of rock disposal requirements shall be in compliance with the City of Carlsbad Grading Ordinance. Prior to grading of the proposed College Boulevard or Cannon Road alignments, a detailed subsurface investigation shall be performed and additional measures identified if necessary to remediate adverse geological conditions. Public Resources Code Section 21081(a)(2) The City Council, having reviewed and considered the information contained in the final EIR for the project and the public record, finds there are no changes or alterations to the project which avoid or substantially lessen the significant environmental impacts that are within the responsibility and jurisdiction of another public agency. III. Public Resources Code Section 21081(a)(3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR to reduce the following significant cumulative impacts to landform alteration/visual quality. 1) Infeasibility of Mitigation for the Significant Unmitigated Impacts Landform Alteration/Visual Quality 4 The proposed project, in combination with other cumulative projects in the area, will Impact: contribute to the long-term alteration of the existing landform/visual setting from open space to urban development. a) As discussed in Chapter 5 of the final EIR, the project is consistent with the adopted Finding: land use plan and zoning, and the conversion of open space and agricultural lands in this area is planned and anticipated. Development cannot proceed as anticipated without the alteration of land to accommodate needed infrastructure and suitable building sites. 2) Infeasibility of Project Alternatives to Reduce or Avoid Significant Impacts Several land use variations were considered in the EIR, including variations for development of Village E- 1 (proposed for Residential Medium High), Village K (proposed for Residential Medium), Village H (proposed for Open Space and Community Facility), Village U (proposed for Residential Medium High), and Village Y (proposed for Residential High), in response to comments received CEQA Findings of Fact and Statement of Overriding Considerations 27 12/12/01 from the public on the Notice of Preparation and subsequent public scoping meetings. Although significant environmental impacts have not been identified for the uses presently proposed, several of the alternatives would result in significant impacts. Mitigation measures identified for the project when applied to other development variations are sufficient to reduce any potentially significant impacts to below a level of significance. For the following land use variations: community facility at Village E-l, multi-family residential uses on 2.0 acres in Village H, alternative/additional community facilities at Village Y entrance/College Boulevard, and the reduced intersection elevation for College Boulevard/Cannon Road alternative (Alternative 3), measures can either avoid or reduce significant impacts to below a level of significance with only minor changes or adjustments to the proposed mitigation (e.g., mitigation ratios for biological impacts). Therefore, the following discusses only those alternatives considered infeasible because impacts exceed those that would otherwise occur with implementation of the project or another alternative. a. No Project Alternative The No Project alternative retains the remaining villages within the Master Plan in their present undeveloped condition. This alternative would not achieve the goals and objectives of the project and the existing Calavera Hills Master Plan or the City of Carlsbad General Plan. The proposed residential buildout of the Master Plan, extension of the College Boulevard and Cannon Road roadway links, flood control facilities, receipt of fees for schools and public facilities, and permanent retention of open space as proposed in the Draft HMP would not occur as proposed. The No Project alternative typically implies no development of the project site. As a result, the identified impacts related to biological resources, archaeology/cultural resources, visual quality, public facilities and services, air quality, noise, water quality, and traffic congestion associated with the proposed project would be eliminated. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the No Project alternative identified in the EIR. Implementation of the No Project alternative for Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins would lessen or avoid the impacts identified in the EIR for the proposed project. However, this alternative is infeasible in that it would not achieve the goals and objectives of the project, the adopted Calavera Hills Master Plan, or the City of Carlsbad General Plan, including the circulation element. The General Plan objectives of providing housing, public facility improvements, and roads would not be met for Zone 7. Consequently, adoption of the No Project alternative would not be consistent with the need for new residential uses and supporting regional serving facilities, services, and improvements. b. Approved Calavera Hills Master Plan Alternative This alternative is a variation of the No Project alternative that considers implementation of the current Calavera Hills Master Plan as approved. The existing land use designations and zoning for the remaining Villages would be retained. As shown in Figure 3A-1 and Table 3A-1 of the final EIR, the adopted Master Plan would result in 795 residential units; a 14-unit increase over the proposed amendment. In addition, the adopted Master Plan would result in the following: l Village E-l would remain designated for community commercial use; l The 11 O-acre Calavera Nature Preserve parcel would not be added to the Master Plan. Although the GDP would allow 44 additional units to be developed on this parcel, subsequent actions to preserve the site prevent future development and require preservation (see Appendix G to the final EIR); CEQA Findings of Fact and Statement of Overriding Considerations 28 12/12/01 l Draft HMP open space corridor would not be created through Village K; l Overall open space acreage would be decreased; l A designated community facility uses within the Master Plan (Village H and Y) would not occur; and l Village K would house up to a 416-u& apartment/condominium site and would remain as the affordable housing site. Finding: The City Council finds, pursuant to Public Resources Code 2 108 1 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the approved Calavera Hills Master Plan alternative identified in the EIR. The adopted Master Plan is not environmentally preferable to the proposed project primarily because of the increased impacts to biological resources. Open space within the boundaries of the current Master Plan area would be approximately 25 acres less than for the proposed project. Consequently, the HMP hard line open space would not be modified to provide a wildlife corridor through Village K and linking two biological core areas. The 1 lo-acre Calavera Nature Preserve adjacent and east of the Master Plan boundary would not be added to the Master Plan but the requirement to fund and provide long-term maintenance and biological monitoring for the CNP would be unaffected because this requirement was established as a mitigation agreement between the City and project proponent for the adopted Master Plan in 1993 (Appendix G to the final EIR). The overall traffic generation would be 9,864 average daily traffic (ADT) greater with the retention of Village E-l as community commercial as compared to the multi-family residential use proposed. C. Alternative Land Use Designations Village E-l: Three alternative land uses are considered for Village E-l. These include modifying the existing community commercial designation to (1) Neighborhood Commercial (N), (2) Community Facility (CF), or (3) Affordable Housing (RH). The affordable housing alternative is discussed separately below with other affordable housing alternatives. The adopted Master Plan use for Village E-l (Community Commercial (C) - 11.7 gross acres/9.0 net acres) is not entirely consistent with the adopted General Plan land use element guideline because this designation is typically applied to sites with a minimum of 10 to 30 acres. Neighborhood Commercial: The neighborhood commercial land use provides for more limited retail businesses, typically as a group of smaller stores and service shops, than community commercial, which typically offers a greater depth and range of merchandise, including “big box” retailers. Neighborhood commercial centers are usually anchored by a grocery store, while a community commercial center may be anchored by a department store or home improvement supply store. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the alternative land use designation to Neighborhood Commercial for Village E-l. Development under the alternative is rejected as infeasible because: 1. The alternative does not meet the project goals and objectives to the same degree as the proposed Calavera Hills Master Plan Phase II amendment. A study prepared for the project and alternatives (Feasibility of Developing a Retail- Commercial Shopping Center, Village E- 1, Calavera Hills-College Boulevard and Carlsbad Village Drive, included as Appendix K to the EIR and on file at the City of Carlsbad) indicates that the population base of the trade area for Village E- 1 is insufficient to provide the necessary CEQA Findings of Fact and Statement of Overriding Considerations 29 12/12/01 sales volume for a successful commercial center, even at buildout of the City. One existing and two future commercial centers are adequate to properly serve the subject trade area. These in include the existing lo-acre Von’s Center at El Camino RealMarron Road, the approved 18- acre Sunny Creek site at El Camino Real/College Boulevard, and the proposed 40-acre South Coast commercial site on College Boulevard, south of Highway 78 in Oceanside. The estimated daily traffic for a neighborhood commercial use at this location is 10,800 ADT as compared to 912 ADT for the multi-family use proposed for the Master Plan amendment. This use is considered compatible with adjacent land uses provided buffers and design measures are implemented to protect nearby residential areas. However, the potential for traffic conflicts between commercial and residential uses would be increased, especially at Glasgow Drive. Glasgow Drive is a busy local residential street and primary access street that would require widening if this alternative use were selected. Noise impacts to adjacent residential areas would also be increased but could be mitigated by construction of a sound wall and buffer between the property and Village D (The Cape) to the south. 2. Afordable Housing Alternhi~e Locations: Alternative locations for affordable housing are considered for Villages K (9 acres of a total 16-acre site), E-l (9.3 acres), and U (9-acre northern half). Village K Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village K affordable housing alternative location. Development of affordable housing at Village K, the highest point in Calavera Hills, would substantially increase land use, visual, and landform alteration impacts as compared to development of eighty-six single-family homes for the proposed project in Village K and affordable housing at Village Y. Village E- 1 Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village E-l affordable housing alternative location. Development of affordable housing in Village E-l is a compatible land use but would incrementally increase potential traffic conflicts on Glasgow Drive that would not occur if Village E-l is developed at the lower density and affordable housing is developed at Village Y as proposed by the project. Village U Finding: The City Council finds, pursuant to Public Resources Code 2 108 1 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village U affordable housing alternative location. Affordable housing development at Village U is considered a compatible land use but proximity to the hard line habitat preserve, steep slope, narrowness of the pad, need for excessive grading, and other site constraints would not accommodate the large pads necessary to construct multi-unit buildings. Grading impacts would be increased substantially as compared to the proposed project, requiring internal manufactured slopes and potentially high retaining walls both internally and along the perimeter. Village HAlternative Residential Development Land Use: Two residential development uses are considered for Village H. These include the single-family residential and multi-family residential development alternatives. Single-famii’y Residential Development: Twelve single-family homes on an approximate 6.5-acre multi-level pad would be constructed instead of the two-acre community facility use as proposed. CEQA Findings of Fact and Statement of Overriding Considerations 30 12/12/01 Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village H alternative residential development land use. This alternative is not preferred because it does not meet the project objectives to provide a community facility and does not increase the HMP hard line open space area within Village H. In addition, grading impacts would be increased to 10.4 acres as compared to 3.1 acres for the proposed project and encroachment into the eucalyptus grove would be greater, thus providing a less rural experience. Traffic, noise, and visual impacts would be incrementally less for the residential use than for the community facility, but neither the proposed project nor alternative would result in significant impacts. Alternative Community Facilities Site: Although not yet adopted, the City Planning Department is in the process of recommending a series of modifications to the Land Use Element of the General Plan and the Zoning Ordinance, which would articulate new requirements for community facility uses within master plans and residential specific plans. Adoption of these requirements, expected in 2001, may result in additional community facility requirements of Calavera Hills Phase II beyond those identified for the proposed project at the time this draft EIR was prepared. As presently proposed by the Planning Department, development through a master plan amendment involving over 100 acres of land would be required to provide a minimum of “two (2) net developable acres plus 1% of the total net developable acreage in the area included in the proposed amendment” for community facilities. The Calavera Hills Phase II net developable acreage totals 104.85 acres. If approved, the community facilities use area required for the project would total 3.0485 net acres. This is 1.048 net acres more than the 2.0 net acres presently proposed for Village H. Therefore, if the additional community facilities acreage requirement is adopted, the following two alternatives are provided to assess impacts of the additional community facilities acreage. Expanded Village H Community Facility Alternative: This alternative would expand the proposed 2.0- acre (3.2 gross acres) community facility area by 1.05 acres (1.9 gross acres). The additional area would be located within Village H, north and across Carlsbad Village Drive from the proposed project site. Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the development of additional acres for the expanded Village H community facility alternative because it develops an additional 1.9 gross acres (1.05 net acres) identified in the Draft HMP as hard line open space conservation area and reduces the project’s proposed 18.5-acre net increase in hard line open space acreage by 2.43 acres. As a result, take of open space will necessitate approval of an equivalency determination by the City of Carlsbad, in conjunction with a consultation with the USFWS. d. Circulation Alternatives for College Boulevard and Cannon Road Alignments The following discussion compares the environmental impacts for the alternative alignments (Alternatives 2 and 3) with the proposed project alignment (Alternative 1) discussed in the EIR. Figure 2-10 in the EIR delineates the alignments for each of the alternatives. The primary variation in impacts for each alternative below concerns grading and visual quality, biology, land use compatibility, and noise. The alternative alignments affect Reaches 3 and 4 of Cannon Road and Reaches B and C of College Boulevard. Except for Alternative 3, alternative alignments for Reach A of College Boulevard (El Camino Real to the intersection of College Boulevard with Cannon Road) are not included, as the alignment has been previously dedicated to the City. CEQA Findings of Fact and Statement of Overriding Considerations 31 12/12/01 Alternative 3 is considered the preferred alignment. This alternative has been developed to consider a lowered vertical alignment for those portions of the roadways near the intersection of Cannon Road and College Boulevard. Implementation of Alternative 3 would modify approximately 1,400 linear feet along the approved horizontal approach to the intersection for Reaches 3 and 4 of Cannon Road, approximately 1,700 feet south of the intersection on College Boulevard Reach A, and along Reach B from approximately 800 feet north. Alternative 2: Alternative 2 realigns College Boulevard Reaches B and C and Cannon Road Reaches 3 and 4. Realignment of College Boulevard east of the proposed Alternative 1 alignment has no effect on the approved alignment for Reach A (extending south of Cannon Road). The Alternative 2 alignment for College Boulevard Reaches B and C proceeds northerly up the west side of the Calavera Creek drainage from the intersection with Cannon Road and then northwesterly up the steep slope in Villages W and U to intersect with Carlsbad Village Drive. Cannon Road Reach 3, between the intersections with El Camino Real and College Boulevard, is aligned along a route northerly of the Alternative 1 alignment, bisecting a knoll top before descending easterly to the College Boulevard/Cannon Road intersection. Reach 4 of Cannon Road (between College Boulevard and the CarlsbadOceanside city limits) would intersect the existing roadbed of Cannon Road approximately 600 feet closer to the City boundary and at a lower elevation, reducing the road elevation profile as compared to the proposed alignment (Alternative 1). This in turn reduces requirements for an extensive retaining wall at the eastern limits of the roadway and reduces impacts adjacent to the riparian habitat in Little Encinas Creek at the eastern end of Reach 4. However, implementation would result in a non-standard median width and elimination of sidewalks on the south side of the roadway. Implementation of the non-standard design requires a reduction in the roadway design speed to 40 miles per hour at the east end of the alignment, within the city of Oceanside. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Alternative 2 alignments for College Boulevard Reaches B and C and Cannon Road Reaches 3 and 4 infeasible because implementation would require: l a redesign of Villages W, U and X; l grading of an additional 8.5 acres more than for the proposed project alignment and over 10.6 acres more than for Alternative 3; l significantly greater cut and fill quantities (more than double the import requirement for Alternative 1 and more than triple the requirement for Alternative 3); and l maximum manufactured slope heights in excess of 100 feet in some locations and construction of Cannon Road Reach 3 across the prominent knoll top, exacerbating significant visual impacts. Selection would also incrementally contribute to increased impacts to: l biologically sensitive habitats including nearly 2 acres of Diegan coastal sage scrub and 0.7 acre wetland and non-wetland jurisdictional waters (see EIR Table 4-3); and l agricultural lands (7 acres); and l would not be consistent with the City’s Draft HMP “hard line” open space system established along the eastern edge (i.e., Village W) of the Master Plan. Impacts would be incrementally greater than for the proposed project (Alternative 1) alignment and significantly greater than for Alternative 3. CEQA Findings of Fact and Statement of Overriding Considerations 32 12/12/01 No Cannon Road/College Boulevard Intersection Alternative Alignment: This alternative alignment eliminates the proposed intersection between Cannon Road and College Boulevard. College Boulevard would extend southerly from Carlsbad Village Drive to connect with the Cannon Road/El Camino Real intersection, while Cannon Road, at the Carlsbad/Oceanside city limits, would extend southerly to connect with the College Boulevard/El Camino Real intersection. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the No Cannon Road/College Boulevard Intersection alternative infeasible because it would result in unacceptable levels of service by the year 2020 at several intersections. Unacceptable levels of service at the intersection of El Camino Real at Cannon Road could be mitigated to attain acceptable AM and PM peak hour operations only by widening the northbound approach to this intersection to provide dual right-turn lanes and possibly triple left-turn lanes westbound to southbound. Unacceptable levels of service also occur at the intersection of El Camino Real with Plaza Drive and at Tamarack Avenue. These impacts would be reduced or eliminated by selection of Alternative 1,2, or 3 alignments. e. Carlsbad Village Drive Widening at Victoria Avenue To enhance the transition to the existing Carlsbad Village Drive, an alternative is proposed to add a left-turn lane for northbound traffic (see EIR Figure 4-6). The road segment would be widened at this location to 46 feet for a distance of approximately 400 feet, tapering to the existing road width at either end. Total impacts would be limited to an approximate 700-foot corridor length along the north side of Carlsbad Village Drive, north and south of Victoria Avenue. When completed, the road segment would be configured to provide a 1 O-foot-wide left-turn lane for northbound traffic and two 13-foot- wide through travel lanes and two 5-foot-wide bike lanes in each direction. A fill slope along the north side of Carlsbad Village Drive would be approximately 40 feet. Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Carlsbad Village Drive Widening at Victoria Avenue alternative infeasible because the proposed project increase in hard line open space acreage would be reduced by 0.83 acre, from 18.5 to approximately 17.7 acres. Road grading and improvement requirements would incrementally increase impacts to sensitive habitats (Diegan coastal sage scrub, riparian scrub, wetland habitat, and non-native grassland). f. Calavera Hills Master Plan Environmentally Superior Alternative The Calavera Hills Master Plan Environmentally Superior Alternative would eliminate development in the Village U area to expand the width of the wildlife corridor through the east-central portion of the project. This would result in more open space than would occur in the proposed project. This alternative was chosen because it is biologically superior, and biological habitat preservation requirements are the primary driving force behind the proposed Master Plan amendment, and this EIR. This environmentally superior alternative would eliminate up to 179 dwelling units from the project, including grading and infrastructure associated with development of Village U. Incremental decreases in traffic and air quality impacts would also result from this alternative. Finding: The City Council finds, pursuant to Public Resources Code 2 108 1 (a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Calavera Hills Master Plan environmentally superior alternative infeasible because implementation would eliminate 23 percent of the remaining housing planned for the Master Plan and, as a result, would result in significant impacts because implementation would not fulfil1 the provision of housing objectives of the City of Carlsbad land use and housing elements of the General Plan. The elimination of these units, which will contribute to the College Boulevard and Cannon Road Bridge and Thoroughfare District CEQA Findings of Fact and Statement of Overriding Considerations 33 12/12/01 No. 4 through the payment of building permit fees, would impact the funding feasibility of this District. This could result in the lack of adequate funding for these regional roadway links, which would not fulfil1 the City of Carlsbad circulation element goals. In light of the fact that the proposed project already involves dedication of greater amounts of open space than the existing Master Plan, elimination of 23 percent of the remaining potential development revenue renders the overall project financially infeasible. The environmentally superior alternative is not consistent with previous agreements between the City, the resource agencies, and the property owner to design and implement the proposed project with a balance between urban development and habitat preservation. Selection of this alternative would also result in reduced mitigation to ensure the long-term preservation of sensitive habitats. CEQA Findings of Fact and Statement of Overriding Considerations 34 12/12/01 STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED CALAVERA HILLS MASTER PLAN PHASE II, BRIDGE AND THOROUGHFARE DISTRICT NO. 4, AND DETENTION BASINS (EIR 9%02/SCH 99111082) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable” ($15093[a]). CEQA further requires that when the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record (0 15093 [b] of the CEQA Guidelines). This statement does not substitute for, and shall be in addition to, findings required pursuant to 0 15091 and 8 15093[c] of the CEQA Guidelines. The City Council, pursuant to 9 15093 of the CEQA Guidelines, has balanced the benefits of the proposed Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins and associated actions (project) against the following unavoidable impacts: l Cumulative impacts to landform alteration/visual quality The City Council has adopted all feasible mitigation measures with respect to the significant cumulative impact and has examined a range of alternatives. One alternative, Alternative 3 for the Bridge and Thoroughfare District No. 4, was found to reduce the project’s contribution to significant cumulative landformksual quality impacts but not to below a level of significance. No other alternatives were found to meet most of the basic project objectives, were feasible, or were environmentally preferable to the project. The City Council, after balancing the specific economic, legal, social, technological, or other benefits of the project against its unavoidable environmental impacts, determines that the unavoidable adverse environmental effects are considered “acceptable” due to the following specific considerations, each of which individually will be sufficient to outweigh the unavoidable, adverse environmental impacts of the project: 1. Increased Revenues General Fund. The approval of this project would result in an increased generation of real property tax revenue for the City of Carlsbad. The City would receive real property tax increment revenues attributable to the increased value of improved real property associated with the dwelling units for the project. Based on the assessed value of the land with implementation of the proposed improvements and standard tax rates, the project would contribute substantial total property tax dollars. A portion of these property taxes would be paid to the City. It should be noted that the estimated real estate values and the tax rate used to calculate the property tax are subject to change. Additional revenue contributions would also be generated by increased sales tax, vehicle license in-lieu fees, real property transfer taxes, other state subventions, and business license taxes. CEQA Findings of Fact and Statement of Overriding Considerations 35 12/12/01 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 substantial for the construction of public infrastructure and facilities on a citywide basis, including city administrative facilities, fire stations, libraries, roads, and 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. The proposed project’s Capital public facilities contributions consist of the following components: a> b) Cl 4 9 0 s) Growth Management Local Facilities Fees estimated at $3 10 per equivalent dwelling unit (EDU). Citywide Community Facilities District No. 1 per EDU. The CFD funds major area and Interstate 5 bridges/ramps, including the ramp at Palomar Airport Road. Traffic Impact Fee estimated per EDU contributes to the funding of various road, signal, intersection, and similar transportation impacts throughout the City. Public Facilities Fees contribute to the financing of city administration and maintenance facilities, parks, libraries, fire stations, police stations, and similar city infrastructure. Drainage Fees estimated depending on location; this fund is used to construct master storm drain facilities in addition to those proposed by the project. Sewer Connection Fees per EDU within the CMWD service area; these fees represent the facilities capacity and connection charges for sanitary sewers and treatment plants. Water Capacity charges per EDU depending on the water district and additional meter connection fees per meter; charges and fees represent facilities capacity and connection charges for water facilities and distribution/storage systems. 2. 3. 4. 5. The foregoing fees may be subject to periodic adjustment and escalations in accordance with the underlying ordinance or laws applicable thereto. The total fees represents the public facilities capital contributions only and does not include any school fees or mitigation as the project’s impacts on school facilities are addressed directly with the affected school districts and 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 of Carlsbad. Job Creation. The project would generate new temporary construction-related jobs that would enhance the economic base of the region. Reduces Existing Housing Shortfall. The project would provide and make available a maximum of 78 1 additional housing units in an area, which is experiencing a shortage of housing units. Consistent with Regional Multiple Habitat Conservation Plan, the City of Carlsbad Draft HMP (1999), and 1993 Agreement Establishing the CNP. Project will acquire and preserve an estimated 50 acres of sensitive habitats consistent with the regional habitat planning goals. In addition, the HMP “hard line” open space boundary will be increased to accommodate a wildlife corridor through Village K, linking two biological core areas. Consistent with the City of Carlsbad General Plan and Policies. The project is consistent with the General Plan and Policies in that it provides for residential development and necessary infrastructure as envisioned by the plan. Proposed residential, community facilities, open CEQA Findings of Fact and Statement of Overriding Considerations 36 12/12/01 6. 7. 8. 9. space, and other development features provide a range of uses that are compatible with the existing neighborhoods in the area and are located so as to harmonize and largely complete the residential neighborhoods and supporting amenities for that portion of the City until buildout. Affordable Housing. The project will provide approximately 15 percent of all units as workforce affordable housing within Village Y of the Master Plan Phase II boundary in full compliance with the City’s affordable Housing Inclusionary Ordinance and policies. This commitment represents about 120 units that will be owned and managed to provide workforce housing to Carlsbad employees who meet the income limitations beginning at 80 percent 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. Citywide Road Network Improvements. The project will construct College Boulevard (Reaches A, B, and C) and Cannon Road (Reaches 3 and 4), critical north/south and east/west circulation element roadways. These road improvements are important elements of the overall road network of the City supporting local as well as regional traffic. Regional Flood Control Improvements. The project includes the construction of two detention basins located within the Calavera Creek and Little Encinas Creek watersheds. The basins are part of a larger conceptual drainage plan outlined in the Ranch0 Carlsbad Channel & Basin Project (Rick Engineering 1998) and are intended to minimize the potential for downstream inundation of the off-site Ranch0 Carlsbad Mobile Home Park during the loo-year storm event. The detention basins correspond to facilities “BJ” and “BIB” in the City of Carlsbad’s 1994 Master Drainage Plan. Open Space and Natural Habitat Protection. The project would formalize inclusion of the CNP within the Master Plan boundary and would result in a net increase of 18.5 acres of “hard line” preserved lands. The proposed changes to the hard line preserve would not decrease conserved area habitat quality and is considered to be the functional equivalent of the Draft HMP configuration. 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