HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52011
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PLANNING COMMISSION RESOLUTION NO. 5201
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL
MASTER PLAN (MP 178) AND RELATED APPLICATIONS,
RECOMMENDING APPROVAL OF A STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD AND EAST OF EL CAMINO REAL WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH
CASE NO.: EIR 98-04
IMPACT REPORT, EIR 98-04, FOR THE BRESSI RANCH
WHEREAS, Lennar Bressi Ranch Venture, LLC, “Developer/Owner,”
has filed a verified application with the City of Carlsbad regarding property described as
Parcel “A” of Boundary Adjustment 543, Document No. 1999-
0085753 on file in the Office of the San Diego County
Recorder, February 11, 1999; and, Parcel “B” of Boundary
Adjustment 543, Document No. 1999-0085753 on file in the
Office of the San Diego County Recorder, February 11,1999.
(“the Property”); and
WHEREAS, a Program Environmental Impact Report (EIR) was prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on the 5th day of June 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 Program EIR, Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all factors
relating to the Program EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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That the foregoing recitations are true and correct.
That the Final Program Environmental Impact Report consists of the Final
Environmental Impact Report, EIR 98-04, dated April, 2002, appendices,
written comments and responses to comments, as amended to include the
comments and documents of those testifjrlng at the public hearing and responses
thereto hereby found to be in good faith and reason by incorporating a copy of the
minutes of said public hearing into the report, all on file in the Planning
Department incorporated by this reference, and collectively referred to as
the “Report”.
That the Environmental Impact Report EIR 98-04, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Program
Environmental Impact Report, EIR 98-04; RECOMMENDS APPROVAL of
the Candidate Findings of Fact (“CEQA Findings”), attached hereto marked
Exhibit “EIR-B” and incorporated by this reference; RECOMMENDS
APPROVAL of the Statement of Overriding Considerations (“Statement”),
attached hereto marked Exhibit “EIR-B” and incorporated by this
reference; and RECOMMENDS APPROVAL of the Mitigation Monitoring
and Reporting Program. (“Program”), attached hereto marked Exhibit
“EIR-C” and incorporated by this reference; based on the following findings
and subject to the following conditions:
1. The Planning Commission of the City of Carlsbad does hereby find that the Final
Program EIR 98-04, the Candidate Findings of Fact, the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations have been prepared
in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final Program EIR 98-04, the environmental impacts therein identified for
this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the
Statement of Overriding Considerations attached hereto as Exhibit “EIR-B” and the
Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit
“EIR-C”, prior to RECOMMENDING APPROVAL of this project.
3. The Planning Commission finds that Final Program EIR 98-04 reflects the
independent judgment of the City of Carlsbad Planning Commission.
4. The Planning Commission does accept as its own, incorporate as if set forth in hll
herein, and make each and every one of the findings contained in the CEQA Findings
PC RES0 NO. 5201 -2-
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(Exhibit “EIR-B”), including feasibility of mitigation measures pursuant to Public
Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project
alternatives.
5. 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.
6. 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.
7. 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 and on file in the Planning Department; all documents
submitted by members of the public and public agencies in connection with the EIR
on the project; and matters of common knowledge to the City of Carlsbad which
they consider including but not limited to, the Carlsbad General Plan, Carlsbad
Zoning Ordinance, and Local Facilities Management Plan which may be found at
1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday
Avenue in the custody of the Director of Planning.
Conditions:
1. The Developer shall implement the mitigation measures described in Exhibit “EIR-
C”, the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to development of the Bressi Ranch Master
Plan Project.
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PC RES0 NO. 5201 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of June 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas,
White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
n m \ SEENA TRIGAS, C airp son
CARLSBAD PLANNING COMMISSION
PC RES0 NO. 5201 -4-
EXHIBIT “EIR-B”
CITY OF CARLSBAD RESOLUTION
NO.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(Public Resources Code Q 21081 CEQA Guidelines Q 15091)
and
STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA Guidelines Q 15093)
for the
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR 98-04)
BRESSI RANCH MASTER PLAN (2002) MP 00-178
(SCH No. 99041010)
1. INTRODUCTION
Final Program Environmental Impact Report (hereafter “Final Program EIR” or “FPEIR”)
has been prepared pursuant to the California Environmental Quality Act to address the potential
environmental effects of the Bressi Ranch Master Plan (2002) and associated actions (hereafter
“Proposed Project”) and considered by the City in connection with its public consideration of
requested approvals for the Proposed Project. While the full scope of the Proposed Project and
associated approvals are more detailed in Section 1.3 below, the Proposed Project generally consists
of development of not more than 623 residential units, 2,160,500 square feet of planned industrial
and office, a maximum of 130,000 square feet of commercial, church, boys and girls club, day care,
assisted living, a maximum of 138,000 square feet of community facilities and/or private school on
585.1 gross acres in the Southeast Quadrant of the City, together with appurtenant public facilities,
streets, parks, specieshabitat natural preserve areas, and other open space. The Final Program EIR
also analyzed the environmental effects of a range of project alternatives as well. The Final Program
EIR and its separately bound technical appendices are incorporated herein by reference as though
fully set forth.
1.1 Purpose of CEQA Findings; Terminology. CEQA Findings play an important role
in the consideration of projects for which an EIR is prepared. Under PRC 521081 and Guidelines
515091 above, where a final EIR identifies one or more significant environmental effects, a project
may not be approved until the public agency makes written findings supported by substantial
evidence in the administrative record as each of the significant effects. In turn, the three possible
findings specified in Guidelines $15091(a) are:
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 1 5/29/02
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR.
In turn, Guidelines 315092(b) provides that no agency shall approve a project for which an
EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects where feasible as
shown in the findings under Section 15091, and
(€3) Determined that any remaining significant effects on the environment found
to be unavoidable under Section 15091 are acceptable due to overriding
concerns as described in Section 15093.
Based on the foregoing, the Guidelines do not provide a bright distinction between the meaning of
“avoid” or “substantially lessen”. The applicable Guidelines are based on PRC 92 108 1, which uses
the phrase “mitigate or avoid”, and hence it is generally considered that to “avoid” is to include
changes or alterations that result in the significant effect being reduced to below a level of
significance. In contrast, the phrase “substantially lessen” is used to describe changes or alterations
that materially reduce the significant effect, but not below a level of significance, thus, while
mitigated, the effect remains significant. These Findings will distinguish, for the purposes of clarity,
between effects that have been “avoided” (thereby reduced below a level of significance) and those
that have been “substantially lessened” (and thus remain significant).
In combination with the mitigation and monitoring program discussed immediately below,
the following Findings and Statement of Overriding Considerations are binding obligations of the
project to implement all required mitigation measures.
1.2 Purpose and Legal Authorities. The California Environmental Quality Act (hereafter
“CEQA”) was adopted in 1970 and is codified in California Public Resources Code $9 21000 et.seq.
(hereafter “PRC 921000”). CEQA is an important environmental law applicable to most public
agency decisions to carry out, authorize or approve projects that could have adverse effects on the
environment. CEQA does not directly regulate project implementation or approvals through
substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform
themselves about the potential environmental effects of a Proposed Project, carefully consider all
pertinent environmental information effects of a Proposed Project, carefully consider all pertinent
environmental information before they act, provide the public an opportunity to review and comment
CEQA Findings of Facts Exhibit “Em-B”
and Statement of Overriding Considerations 2 5/29/02
on any environmental issues, and include conditions or other requirements to avoid or reduce
potential significant adverse effects of the project or action when feasible.
The City has codified environmental protection procedures implementing CEQA and the
state administrative guidelines issued pursuant to CEQA in Carlsbad Municipal Code, Chapter
19.04. Chapter 19.04 provides for the protection and enhancement of the environment by
establishing principles, objectives, criteria, definitions and procedures for evaluation of both public
and private projects, implementing CEQA and the state guidelines and providing for the preparation
and evaluation of environmental documents in accordance therewith. The City’s consideration of
Findings of Fact and a Statement of Overriding Considerations are key steps in the process of
considering the approval of the Proposed Project while concurrently protecting and enhancing the
environment. The applicable standards and scope of the City’s responsibilities are detailed in the
following excerpts from the State CEQA Guidelines (California Code of Regulations, Title 14,
Chapter 3, $0 15000 et. seq.; hereafter “Guidelines §15000”).
Guidelines $15040. Authority Provided by CEQA.
(a) CEQA is intended to be used in conjunction with discretionary powers granted to
public agencies by other laws.
(b) CEQA does not grant an agency new powers independent of the powers granted to the
agency by other laws.
(c) Where another law grants an agency discretionary powers, CEQA supplements those
discretionary powers by authorizing the agency to use the discretionary powers to mitigate or
avoid significant effects on the environment when it is feasible to do so with respect to
projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided
implied authority for an agency to use its discretionary powers to mitigate or avoid
significant effects on the environment. Effective January 1, CEQA provides express
authority to do so.
(d) The exercise of the discretionary powers may take forms that had not been expected
before the enactment of CEQA, but the exercise must be within the scope of the power.
(e) The exercise of discretionary powers for environmental protection shall be consistent
with express or implied limitations provided by other laws.
Guidelines $15041. Authority to Mitigate.
Within the limitations described in Section 15040,
(a) A lead agency for a project has authority to require feasible changes in any or all
activities involved in the project in order to substantially lessen or avoid significant effects on the
environment, consistent with applicable constitutional requirements such as the “nexus” and “rough
proportionality” standards established by case law (Nollan v. California Coastal Commission (1987)
483 U.S. 825; Dolan v. City of Tigard, (1994) 512 US. 374; Ehrlich v. City of Culver City, (1996)
12 Cal. 4* 854.).
CEQA Findings of Facts Exhibit “EIR-By
and Statement of Overriding Considerations 3 5/29/02
(b) When a public agency acts as a responsible agency for a project, the agency shall have
more limited authority than a lead agency. The responsible agency may require changes in a project
to lessen or avoid only the effects, either direct or indirect, of that part of the project which the
agency will be called on to carry out or approve.
(c) With respect to a project which includes housing development, a lead or responsible
agency shall not reduce the proposed number of housing units as a mitigation measure or alternative
to lessen a particular significant effect on the environment if that agency determines that there is
another feasible, specific mitigation measure or alternative that would provide a comparable
lessening of the significant effect.
Guidelines 515042. Authority to Disapprove Projects.
A public agency may disapprove a project if necessary in order to avoid one or more
significant effects on the environment that would occur if the project were approved as proposed. A
lead agency has broader authority to disapprove a project that does a responsible agency. A
responsible agency may refuse to approve a project in order to avoid direct or indirect environmental
effects of that part of the project that the responsible agency would be called on to carry out or
approve. For example, an air quality management district acting as a responsible agency would not
have authority to disapprove a project for water pollution effects that were unrelated to the air quality
aspects of the project regulated by the district.
Guidelines 515043. Authority to Approve Projects Despite Significant Effects.
A public agency may approve a project even though the project would cause a significant
effect on the environment if the agency makes a hlly informed and publicly disclosed decision that:
(a) There is no feasible way to lessen or avoid the significant effect (see Section 15091);
and
(b) Specifically identified expected benefits fiom the project outweigh the policy of reducing
or avoiding significant environmental impacts of the project. (See Section 15093.)
Guidelines §l5090. Certification of the Final EIR.
(a) Prior to approving a project the lead agency shall certify that:
(1) The final EIR has been completed in compliance with CEQA;
(2) The final EIR was presented to the decision-making body of the lead agency
and that the decision-making body reviewed and considered the information
contained in the final EIR prior to approving the project; and
(3) The final EIR reflects the lead agency’s independent judgement and analysis.
(b) When an EIR is certified by a non-elected decision-making body within a local lead
agency, that certification may be appealed to the local lead agency’s elected decision-making body,
if one exists. For example, certification of an EIR for a tentative subdivision map by a city’s
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 4 5/29/02
planning commission may be appealed to the city council. Each local lead agency shall provide for
such appeals.
Guidelines $15091. Findings.
The purpose of this resolution is to adopt the findings required by this CEQA Guideline
section and the underlying California Public Resource Code 9 201 8 1.
(a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project unless the
public agency makes one or more written findings for each of those significant effects, accompanied
by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency.
(3) Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the
record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or
alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting
identified mitigation measures and project alternatives.
(d) When making the findings required in subsection (a)(l), the agency shall also adopt a
program for reporting on or monitoring the changes, which it has either required in the project or
made a condition of approval to avoid or substantially lessen significant environmental effects.
These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other
materials which constitute the record of the proceedings upon which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
Guidelines $ 150364. Feasible.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 5 5/29/02
Feasible means capable of being accomplished in a successful manner within a reasonable
period of time taking into consideration economic, environmental, legal, social and
technological factors. Feasibility must also be considered in the context of alternatives
which obtain most of the basic objections of the Project, but would avoid and substantially
lessen any significant effects of the Project. See Guideline 9 15126.6(a).
Guidelines 515092. Approval.
(a) After considering the final EIR and in conjunction with making findings under Section
1509 1, the lead agency may decide whether or how to approve or carry out the project.
(b) A public agency shall not decide to approve or carry out a project for which an EIR was
prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment
found to be unavoidable under Section 15091 are acceptable due to
overriding concerns as described in Section 15093.
(c) With respect to a project which includes housing development, the public agency shall
not reduce the proposed number of housing units as a mitigation measure if it determines that there is
another feasible mitigation measure available that will provide a comparable level of mitigation.
1.3 Program Environmental Impact Report Process. In accordance with CEQA, the
Guidelines and Chapter 19.04, the City considered an Initial Study. Based on the Initial Study, the
City concluded that the Proposed Project could have a significant impact on the environment and
that preparation of an environmental impact report was necessary and issued its Notice of
Preparation (“NOP”) on March 29, 1999. The NOP was distributed to all Responsible and Trustee
Agencies, as well as other agencies and members of the public. Subsequently, a Revised NOP was
issued on February 14,2001 to reflect changes to the Proposed Project and off-site improvements. A
number of written responses were received, and the City held a public scoping meeting in order to
increase opportunities for public input. The scoping session took place on April 29, 1999 at the
City’s Public Safety Center. At the scoping session, the public was invited to comment on the scope
and content of the EIR. Approximately 10 people signed in at the scoping session and comments
were received and considered in both verbal and written form. After consideration of all of the
foregoing the City developed a detailed “EIR 98-04 - Bressi Ranch Master Plan Program EIR Scope
of Work Letter” dated May 24, 1999 establishing the details of the Program EIR requirements. A
copy of the Initial Study, NOP, the written comments received in response to the NOP and public
scoping session are included in Volume I Appendix A to the Final Program EIR.
The May 24, 1999 City “Scope of Work” letter, after consideration of the Initial Study,
Scoping session comments and other comments on response to the NOP, identified the need and
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 6 5/29/02
instructed that the Draft Program EIR to analyze the potential for environmental impacts associated
with the following twelve substantive potential impact areas in the Environmental Impact Analysis
section: - Land Use and Planning - Traffic/Circulation - Air Quality - Noise - Geology/Soils - Biological Resources
- Agricultural Resources - Visual AestheticdGrading - Public Services and Utilities - Water Quality/Hydrology - Hazardous Materials and Hazards
- Cultural Resources
Additionally, the Draft EIR was directed to include other CEQA substantive sections including
Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be
Significant, Growth Inducing Effects and Alternatives. Because of the scope of the Proposed
Project, a Program EIR was determined to be the most useful and appropriate form of EIR.
Guidelines 9 15 168 establishes the benefits of a Program EIR as follows:
Guidelines $15168. Program EIR.
(a) General. A program EIR is an EIR which may be prepared on a series of actions that
can be characterized as one large project and are related either:
(1) Geographically,
(2) As logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other general criteria to
govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing statutory or
regulatory authority and having generally similar environmental effects which can be
mitigated in similar ways.
(b) Advantages. Use of a program EIR can provide the following advantages. The program
EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects and
alternatives than would be practical in an EIR on an individual action,
(2) Ensure consideration of cumulative impacts that might be slighted in a case-by-
case analysis,
(3) Avoid duplicative reconsideration of basic policy considerations,
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 7 5/29/02
(4) Allow the lead agency to consider broad policy alternatives and program wide
mitigation measures at an early time when the agency has greater flexibility to deal
with basic problems or cumulative impacts,
(5) Allow reduction in paperwork.
(c) Use With Later Activities. Subsequent activities in the program must be examined in the
light of the program EIR to determine whether an additional environmental document must be
prepared:
(1) If a later activity would have effects that were not examined in the program EIR,
a new initial study would need to be prepared leading to either an EIR or a negative
declaration.
(2) If the agency finds that pursuant Guideline 9 15 162 and Public Resource Code 9
2 1 166, no new effects could occur or no new mitigation measures would be required,
the agency can approve the activity as being within the scope of the project covered
by the program EIR, and no new environmental document would be required.
(3) An agency shall incorporate feasible mitigation measures and alternatives
developed in the program EIR into subsequent actions in the program.
(4) Where the subsequent activities involve site-specific operations, the agency
should use a written checklist or similar device to document the evaluation ofthe site
and the activity to determine whether the environmental effects of the operation were
covered in the program EIR.
(5) A program EIR will be most helphl in dealing with subsequent activities if it
deals with the effects of the program as specifically and comprehensively as possible.
With a good and detailed analysis of the program, many subsequent activities could
be found to be within the scope of the project described in the program EIR, and no
Mer environmental documents would be required.
(d) Use With Subsequent EIR’s and Negative Declarations. A program EIR can be used to
simplify the task of preparing environmental documents on later parts of the program. The program
EIR can:
(1) Provide the basis in an initial study for determining whether the later activity
may have any significant effects.
(2) Be incorporated by reference to deal with regional influences, secondary effects,
cumulative impacts, broad alternatives, and other factors that apply to the progam
asa whole.
(3) Focus an EIR on a subsequent project to permit discussion solely of new effects
which had not been considered before.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 8 5/29/02
(e) Notice With Later Activities. When a law other than CEQA requires public notice
when the agency later proposes to cany out or approve an activity within the program and to rely on
the program EIR for CEQA compliance, the notice for the activity shall include a statement that:
(1) This activity is within the scope of the program approved earlier, and
(2) The program EIR adequately describes the activity for the purposes of CEQA.
On January 8, 2002 the Draft Program EIR was published and the City duly notified
interested Responsible and Trustee Agencies, as well as other interested agencies and sent out
“Notice(s) of Completion of a Draft Environmental Impact Report for the Bressi Ranch Master Plan
Project” to all members of the public who had signed on the interested party list at the scoping
session or otherwise requested notification, as well as to all property owners within 600 feet of the
Proposed Project area based on the most recent tax assessor’s rolls. The “Notice of Completion”
commenced an initial 45 day public review and comment period expiring on February 21,2002. The
“Notice of Completion” advised that the Draft Program EIR was available, and it was in fact
available, for review at four locations: the City of Carlsbad Planning Department (1635 Faraday
Avenue, Carlsbad, CA 92008); the City Clerk’s Office (1200 Carlsbad Village Drive, Carlsbad, CA
92008); the Carlsbad Main Public Library (1 775 Dove Lane, Carlsbad, CA 92009) and Carlsbad’s
Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad, CA 92008). Complete copies
were also available for purchase, with or without the Appendices, through the Planning Department.
The City established the cost of purchased copies at less than the actual reproduction cost.
Following expiration of the public review and comment period to the Draft Program EIR,
every written comment letter was reviewed and written responses were prepared. The written public
comments and the written responses thereto are contained in the Final Program EIR.
On June 5, 2002 the City Planning Commission held a duly noticed public hearing to
consider, among other things, Certification of the Final Program EIR in accordance with CEQA, the
Guidelines and Chapter 19.04. By Planning Commission Resolution No. 5201 the Planning
Commission certified the Final Program EIR as complete. Resolution No. 5201 is incorporated
herein by reference as though fully set forth.
1.4 Description of Proposed Project. The Proposed Project is the implementation of the
Bressi Ranch Master Plan as proposed by the Lennar Bressi Ranch Venture, LLC. The Bressi Ranch
Master Plan is a land use plan and policy document that will guide the development of an
approximately 585. l-acre area through a comprehensive set of guidelines, regulations, and
implementation programs. The Master Plan defines the allowable type and intensity of land uses,
provides detailed development and design criteria and describes how the Master Plan will be
implemented.
The proposed land uses for the Master Plan include single-family residential, multi-family
residential, local shopping center, industrial, community facilities and open space. The Master Plan
also identifies the phasing and development of infrastructure needed to support proposed land uses
(e.g., drainage, sewer, water, etc.). A maximum of 623 dwelling units, 2,160,500 square feet of
planned industrial, office, and research and development are proposed in the residential and
industrial portions of the Master Plan. The mixed-use portion of the Master Plan would allow a
maximum of 130,000 square feet of commercial, church, boys and girls club, day care, assisted
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 9 5/29/02
living, and 100 units maximum of high density residential. Also, the Master Plan would allow a
maximum of 138,000 square feet of community facilities andor private school. Approximately 33%
of the Master Plan area consists of open space.
Offsite Poinsettia Lane. The project may also include the offsite construction of Poinsettia
Lane and if required a connection to El Fuerte Street if it is needed for the development of the Bressi
Ranch prior to the development of the property between the Bressi Ranch and El Camino Real (the
Villages of La Costa).
1.5 Discretionary Actions. The necessary discretionary actions considered and to be acted
on by the City, other than certification of the Final Program EIR, include the following discretionary
actions on the Proposed Project:
1.5.1 General Plan Amendment. The project applicant is requesting an amendment to the
General Plan. The amendment consists of a change to the General Plan land use designations as
follows:
Existing General Plan
RL - Residential Low
RLM - Residential LowMedium
RM - Residential Medium
UA - Unplanned
OS - Open Space
Proposed General Plan
P-I - Planned industrial
L - Local Shopping Center
RLM - Residential LowMedium
RM - Residential Medium
RH - Residential High
OS - Open Space
CF - Community Facilities
P - Private School
1.5.2 Local Facilities Management Plan (Zone 17). The Local Facilities Management
Plan is required to reflect land use for Zone 17 of the City. Per the requirements of the Carlsbad
Growth Management Program, Zone 17 must be consistent with the General Plan land use
designation proposed by the Master Plan. The Zone 17 LFMP will demonstrate how and
approximately when each public facility will be developed within Zone 17 to accommodate the
proposed development.
1.5.3 Master Plan. The proposed Master Plan provides land uses and development
standards for the project site.
1.5.4 Zone Change. The Proposed Project will change the existing zoning of the project
site of Limited Control (L-C) to Planned Community (P-C). Since the P-C zone does not have
development standards the Master Plan will identi9 zoning of RD-M, R-1 , P-My 0-S, C-2, and C-F
to implement the proposed General Plan designations.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 10 5/29/02
1.5.5 Hillside Development Permit. A Hillside Development Permit is required for all
projects with a slope gradient of 15% or greater and a slope height of 15 feet or greater. The
approval of a Hillside Development Permit will ensure that the proposed grading is in conformance
with the requirements of Carlsbad’s Hillside Development Ordinance.
1.5.6 Tentative Map. The Master Tentative Map will not authorize the development of
individual dwelling units. The Master Tentative Map will subdivide the project area into 15 PAS and
six Open Space Areas and create the pads for the industrial portions, which are located in PAS 1,
2,3,4,5, and 14. This map will allow for the transfer of ownership of the individual Planning Areas
and the large lots created in the non-residential portion of the Master Plan.
1.5.7 Special Use Permits. Special Use Permits are required for grading and development
of the portion of the Master Plan within the El Camino Real Scenic Corridor. A very small portion
of the project site is located in the 1 OO-year floodplain, thereby necessitating a second Special Use
Permit for flood plain development as defined in Section 2 1.1 10.130 of the Carlsbad Zoning Code.
Subsequent discretionary approvals that will be required prior to development of the Master Plan
areas will include one or more of the following listed below.
1.5.8 Tentative Map. One or more Tentative Maps will be required to subdivide the
residential neighborhoods to create individual lots or ownership units. Tentative maps may also be
submitted to further subdivide the commercial and industrial portions of the Master Plan.
1.5.9 Planned Unit Development Permits. These permits will be processed pursuant to
the Master Plan and Chapter 21.45 of the Carlsbad Municipal Code and will be submitted with any
tentative map that creates lots less than 7,500 square feet in size or ownership multifamily units. A
Non-Residential Planned Development Permit pursuant to Chapter 2 1.47 will be submitted with any
non-residential tentative map that creates industrial lots less than one acre in size, lots that do not
have fi-ontage on a public street, or lots that share a common point of access or propose shared
parking.
1.5.10 Conditional Use Permits. Pursuant to the Master Plan and Chapter 21.42 and
21.25 of the Carlsbad Municipal Code, Conditional Use Permits will be submitted for the
development of a church, private school, other community facility type use, assisted care facility,
service station, or day care.
1.5.1 1 Site Development Plan. A Site Development Plan is required by the Master Plan to
be submitted for the development of affordable apartment units, the community recreation center, the
overall design of the mixed uses in PA 15 and the commercial development in PAS 14 and 13.
1.5.12 Planned Industrial Permit. Pursuant to the Master Plan and Chapter 21.34 of the
Carlsbad Municipal Code, one or more Planned Industrial Permit(s) shall be processed for all
development in PAS 1,2,3,4,5, and 14.
1.6 Environmental Setting. The proposed Bressi Ranch Master Plan project site is located
in the City of Carlsbad in northwestern San Diego County. Regional access to the site is provided by
Interstate 5 (1-5), located approximately 3.5 miles to the west. The project site is located at the
southeast comer of Palomar Airport Road and El Camino Real. Local access to the project site is
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 11 5/29/02
currently provided via Palomar Airport Road, El Camino Real, and Melrose Drive. The Master Plan
project site is located within the southeast quadrant of the City of Carlsbad, within Local Facilities
Management Zone 17 (LFMZ 17) as established in the City’s Growth Management Plan.
The project may also include the offsite construction of Poinsettia Lane if it is needed for the
development of the Bressi Ranch prior to the development of the property between the Bressi Ranch
and El Camino Real (the Villages of La Costa).
The topography of the project site is characterized by high terraces and canyons crosscut by
numerous drainages. Most of the project site has been disturbed by agricultural operations and is
presently being cultivated; however, native vegetation also exists in habitat “islands” on slopes too
steep for agricultural use. Elevations range from 125 feet above mean sea level (MSL) in the
southeast portion of the project site to 460 feet above MSL in the northeast portion of the site.
Currently, the project area is being dry fmed and there are two locations on the project site
that contain structures. The structures include a residence and an agriculture-related structure.
Adjacent to the residence is a storage area for trailersktorage containers and miscellaneous farm
equipment. Existing land uses immediately surrounding the site consist of Carlsbad Oaks industrial
park to the north, the planned community of Villages of La Costa to the south (proposed), the
recently developed planned community of Rancho Carrillo to the east, and the Palomar Airport
Business Park to the west (west of El Camino Real).
The McClellan-Palomar Airport is located northwest of the project site at the northwest
corner of Palomar Airport Road and El Camino Real. A portion of the Master Plan site lies within
the McClellan-Palomar Airport Influence Area. The northern and westernmost portion ofthe site is
within the airport’s Flight Activity Zone, while the northwest corner is located within the runway
protection zone.
More detailed descriptions of the property area and its environs is set forth in the Final
Program EIR at pages 4-1 through 5.12-7 and incorporated herein by this reference.
1.7 Mitigation Monitoring Program. Pursuant to PRC 92108 1.6, the City has also
adopted a detailed mitigation and monitoring program prepared by the EIR consultant under the
direction of the City. The program is designed to assure that all mitigation measures as hereafter
required are in fact implemented on a timely basis as the Proposed Project progresses through its
development and construction phases. Compliance with the “Bressi Ranch Master Plan (2002)
Mitigation and Monitoring Program’’ (a copy of which is attached to this Resolution as
“Attachment B”) is a condition of any City approvals and incorporated herein by this reference.
1.8 Record of Proceedings. For all purposes of CEQA compliance, including these
Findings of Fact and Statement of Overriding Considerations, the administrative record of all City
proceedings and decisions regarding the environmental analysis of the Proposed Project shall include
but are not limited to the following:
0 The Draft and Final Program EIR for the Proposed Project, together with all appendices and
technical reports referred to therein, whether separately bound or not;
CEQA Findings of Facts Exhibit “Em-B’
and Statement of Overriding Considerations 12 5/29/02
All reports, letters, applications, memoranda, maps or other planning and engineering
documents prepared by the City, planning consultant, environmental consultant, project
applicant or others presented to or before the decision-makers as determined by the City
Clerk;
All letters, reports or other documents submitted to the City by members of the public or
public agencies in connection with the City’s environmental analysis on the Proposed
Project;
All minutes of any public workshops, meetings or hearings, including the scoping session,
and any recorded or verbatim transcripts/videotapes thereof;
Any letters, reports or other documents or other evidence submitted into the record at any
public workshops, meetings or hearings; and
Matters of common general knowledge to the City which they may consider, including
applicable state or local laws, ordinances and policies, the General Plan and all applicable
planning programs and policies of the City.
The custodian of the full administrative record shall be the City Clerk’s OEce, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, provided however that portions of the record may be
contained in other offices of the City.
2. FINDINGS OF SIGNIFICANT IMPACTS, REQUIRED MITIGATION MEASURES AND
SUPPORTING FACTS
2.1 TraffWCirculation ,
2.1.1 Existing Plus Project Traffic
Impact. Significant direct project impacts prior to the application of mitigation
measures, are expected at the following intersection locations:
1) Palomar Airport RoadEl Fuerte Street
2) Palomar Airport RoadMelrose Drive
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure T1. The City has established mitigation for project-related
traffic impacts that includes payment of a Traffic Impact Fee (TIF). A TIF is defined as
improvements identified in the Carlsbad Traffic Impact Fee Study or improvements as of the type
described below that are not directly associated with other development within the City of Carlsbad.
Prior to recordation of a final map, issuance of grading permit or building permit, whichever
occurs first within Zone 17, a financing guarantee shall be provided via an improvement agreement
for the construction of El Fuerte Street fi-om Palomar Airport Road to the southern Zone 17 boundary
CEQA Findings of Facts Exhibit “ER-B”
and Statement of Overriding Considerations 13 5/29/02
which shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060
of the Carlsbad Municipal Code.
El Fuerte Street from Palomar Airport Road to the southern zone boundary shall be
constructed prior to occupancy of any building as a four lane secondary arterial, and shall include the
following:
- Complete south leg improvements and dual left turn lanes on westbound Palomar
Airport Road, complete second left turn only lane on southbound El Fuerte Street at
Palomar Airport Road, complete southbound throughlright turn lane and southbound
right turn only lane at intersection with Palomar Airport Road.
- Construct new intersection with traffic signal at El Fuertemressi North Access
intersection.
- Construct new intersection with traffic signal at El FuerteBressi Central Access
intersection.
- Construct new intersection with traffic signal at El Fuertemressi South Access
intersection.
Mitigation Measure T2. Prior to recordation of a final map that creates buildable
lots within Zone 17, a financing guarantee shall be provided via an improvement agreement for the
construction of Poinsettia Lane from El Camino Real to the existing terminus east of the Zone 17
boundary which shall be in accordance with Section 66462 of the Subdivision Map Act and Section
20.16.060 of the Carlsbad Municipal Code.
Poinsettia Lane shall be constructed as a four lane major arterial from El Camino
Real to the existing terminus east of the Zone 17 boundary, and shall include the
following:
- Construct new intersection with traffic signal at intersection with El Fuerte Street.
Mitigation Measure T3. The portion of Poinsettia Lane from El Camino Real to the
existing terminus east of the Zone 17 boundary is conditioned to be constructed by the Greens at the
Villages of La Costa development. The applicant shall provide their fair-share contribution to the
construction of Poinsettia Lane from the project’s (Zone 17) western boundary to El Camino Real.
Should the Villages of La Costa development not proceed as planned, the project applicant shall
provide for the construction of Poinsettia Lane from the project’s easterly boundary to El Camino
Real. However, the Villages of La Costa has been approved by the City and is proceeding. As such,
the applicant’s contribution to this mitigation measure is limited to the provision of a fair-share
contribution to the construction of Poinsettia Lane as described herein.
Factual Support and Rationale. As discussed herein below and further provided in
other portions of the Administrative Record in 1986, the City established a comprehensive Growth
Management Program and ordinances to address the buildout of the City. Not only were land uses
and densities of use evaluated and significantly reduced, but a critical part of the Program was
establishment of citywide performance standards for public facilities, including traffic and
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 14 5/29/02
transportation. By setting performance standards, then adequacy of facilities could be measured, and
if performance standards were not being met, then projects significantly affecting those
underperforming facilities could be conditioned, or phased, to require the facilities performance
levels be assured before development could proceed. There performance evaluations are assured
through the requirement that Local Facilities Management Plans be approved before development
may proceed in the various development zones throughout the City. Underlying the performance
standards is the principle that facilities must be provided for concurrent with the need generated by
the subsequent development.
As the Proposed Project is one of the few remaining larger infill areas in the southeast
quadrant of the City and represents the bulk of the land left for development in that area, special
analysis was applied by City staff, planning and engineering, to confirm that the traffic assumptions
and citywide traffic modeling program used for the analysis was the most current and complete. In
that regard, the generally used SANDAG traffic models and assumptions were reviewed and updated
for the City of Carlsbad and surrounding areas before the Proposed Project traffic modeling was run,
such that the City would be confident of the resulting analysis and conclusions, and importantly, that
the analysis was calibrated to reflect the currently anticipated City buildout under the Growth
Management Program and General Plan. Among other things, it was required that the Proposed
Project evaluate impacts to arterial or major intersections whenever the modeling demonstrated that
the Proposed Project would contribute 50 or more trips during either the AM or PM peak hours as a
consistently applied standard of impact, and in turn, the Citywide intersection performance standard
of LOS D is applied consistently for all intersections within the Proposed Project’s influence area.
The assumptions, methodology and rules for the study was established by the City before the study
was undertaken so that reliable and consistent conclusions could be achieved. Additionally, over
300 pending and potential future projects were evaluated prior to undertaking the selected Year
2005,2010, and 2020 impact scenarios and to determine what additions to existing traffic flows were
likely or anticipated. In this effort, the study went far beyond the Carlsbad City limits and evaluated
projects and conditions over a significant regional area. As Carlsbad is located along Interstate 5 and
also includes many regionally significant and impacted major corridors such as Palomar Airport
Road, Rancho Santa Fe Road and El Camino Real to name a few, the traffic loads and current and
fbture background levels were calculated without regard to origin, whether it was local or regional
traffic. In this way, the methodology and assumptions were targeted to provide the most accurate
projections of impacts and areas of concern. The findings and results of all studies and reports were
carefully reviewed by City Staff for accuracy and consistency.
As part of the City Growth Management Program, the City enacted several traffic impact and
improvement funding programs intended to generate fbnds to be used for area or citywide facilities.
Those programs include the City CFD No. 1 Communities Facilities District, which includes all the
Proposed Project. As new development occurs, it is required to pay special taxes to the City who
then uses the taxes, or leverages future taxes to sell bonds, to finance a range of city facilities,
including major roads. Additionally, the City has certain Traffic Impact Fee programs, that raise
additional funding. The Traffic Impact Fee programs are coordinated with CFD No. 1 where
applicable. For streets that largely serve only aparticular development, the developer is required to
construct and finance them outside the citywide fee programs. Finally, in certain circumstances
special funding programs may be established, or combinations of funding sources utilized.
As required in Mitigation Measure T1, prior to recordation of a final map, issuance of
grading permit or building permit, whichever occurs first within Zone 17, a financing guarantee will
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 15 5/29/02
be provided via an improvement agreement for the construction of El Fuerte Street from Palomar
Airport Road to the southern Zone 17 boundary which shall be in accordance with Section 66462 of
the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. El Fuerte Street
from Palomar Airport Road to the southern zone boundary will be constructed prior to occupancy of
any building as a four lane secondary arterial, including completion of south leg improvements and
dual left turn lanes on westbound Palomar Airport Road, completion of second left turn only lane on
southbound El Fuerte Street at Palomar Airport Road, and completion of southbound throughlright
turn lane and southbound right turn only lane at intersection with Palomar Airport Road.
Additionally, roadway improvements include construction of a new intersection with traffic signal at
El FuerteBressi North Access intersection, construct new intersection with traffic signal at El
FuerteBressi Central Access intersection, construct new intersection with traffic signal at El
FuerteBressi South Access intersection.
As required in Mitigation Measure T2, prior to recordation of a final map that creates
buildable lots within Zone 17, a financing guarantee shall be provided via an improvement
agreement for the construction of Poinsettia Lane from El Camino Real to the existing terminus east
of the Zone 17 boundary which shall be in accordance with Section 66462 of the Subdivision Map
Act and Section 20.16.060 of the Carlsbad Municipal Code. Poinsettia Lane will be constructed as a
four lane major arterial from El Camino Real to the existing terminus east of the Zone 17 boundary,
including the construction of a new intersection with traffic signal at intersection with El Fuerte
Street.
As required in Mitigation Measure T3, the applicant shall provide their fair-share
contribution to the construction of Poinsettia Lane from the project’s (Zone 17) western boundary to
El Camino Real. Should the Villages of La Costa development not proceed as planned, the project
applicant shall provide for the construction of Poinsettia Lane from the project’s easterly boundary to
El Camino Real. However, the Villages of La Costa has been approved by the City and is
proceeding. As such, the applicant’s contribution to this mitigation measure is limited to the
provision of a fair-share contribution to the construction of Poinsettia Lane as described herein.
2.2 Air Quality
2.2.1 Short-Term Construction
Impact. The Proposed Project will result in a short-term impact to localized air
quality as a result of grading and construction activity.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reauced below a level of significance.
Mitigation Measure AQ1. During clearing, grading, earth moving or excavation of
the project site, the following measures shall be implemented:
Control fugitive dust by regular watering, paving construction roads, or other dust
preventive measures;
Maintain equipment engines in proper tune;
Seed and water until vegetation cover is grown;
Spread soil binders;
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 16 5/29/02
Wet the area down, sufficient enough to form a crust on the surface with repeated
soakings, as necessary, to maintain the crust and prevent dust pick up by the wind;
Street sweeping, should silt be carried over to adjacent public thoroughfares;
Use water trucks or sprinkler systems to keep all areas where vehicles move dirt
enough to prevent dust raised when leaving the site;
Wet down areas in the late morning and after work is completed for the day;
Use of low sulfur fuel (0.5% by weight) for construction equipment.
Factual Support and Rationale. The foregoing fugitive dust and dirt remedies will
be effective in reducing air born dust and particulate emissions from grading operations. The
combination of on-site watering, sweeping of pavement, load requirement limitations, surfacing
onsite construction roads with controlled trip frequencies and suspension of grading activities when
winds exceed 25mph have proven to be effective in mitigating construction dust and particulate
emissions.
2.2.2 Mobile Source Emissions
Impact. Due to the entire San Diego air basin’s non-attainment status under the
Clean Air Act of 1972, as amended, the increase in the total (mobile and stationary) projected air
pollutant emission at buildout are estimated at 2,699.53 pounds per day of CO, 742.74 pounds per
day of NOx, 395.20 pounds per day of PM10, and 305.53 pounds per day of ROC is considered a
significant impact.
Finding. Mitigation Measure AQ2 will be implemented to reduce the impact to the
extent feasible; however, no feasible mitigation measures are available to mitigate this project-level
impact and the impact remains significant and unavoidable.
Mitigation Measure AQ2. The following measures shall be implemented for all
subsequent development projects within the Master Plan area:
A commercial site designed to serve the commercial needs of the occupants of the
business park and residential areas shall be provided.
Development within Bressi Ranch shall provide traffic control devices along all
roadway segments and at intersections and interconnect and synchronize the
operation of traffic signals along arterial streets.
Development within Bressi Ranch shall encourage commuter usage of busses,
carpools and vanpools through provision of a commuter database made available on a
website.
Development within Bressi Ranch shall encourage the expansion of bus service and
new routes into the Master Plan area by providing the bus transit facility (as
described in Section 3.0 of the EIR), as well as accommodating bus pullouts/ stops at
appropriate locations within the Master Plan area if requested by the North County
Transit District.
CEQA Findings of Facts Exhibit “EIR-B
and Statement of Overriding Considerations 17 5/29/02
Provide incentives for car pooling, flex-time, shortened work weeks, and
telecommunications and other means of reducing vehicular miles traveled.
Develop and implement employer incentive programs to encourage the placement of
strategic bicycle storage lockers, and the construction of safe and convenient bicycle
facilities.
Development within Bressi Ranch will provide shade trees to reduce building
heatingkooling needs.
Development within Bressi Ranch shall use energy efficient and automated controls
for air conditioning.
Factual Support and Rationale. The reliance on the automobile for the fbture
household primary mode of transportation, given the entire San Diego air basin’s non-attainment
status, makes the incremental contribution from the Proposed Project to be significant. While the air
quality in the region has been improving, the overall resolution will need to wait cleaner burning, or
less polluting, modes of transportation, and shifting the travel patterns from single occupancy
vehicles to carpooling, bus, bicycle and walking modes. This represents as much cultural as well as
facility shift, but cannot realistically be fully implemented with this Proposed Project. The Proposed
Project is a mixed-use development that has incorporated numerous pedestrian friendly principles
that reduce the reliance on the automobile. The project’s mixed-use arrangement of land uses,
landscaping and street scape will encourage pedestrian activity. The project also incorporates bike
lanes, bus stops and a range of hiking and walking trails in addition to sidewalks. Its proximity to
employment centers and recreation opportunities will also serve to reduce overall driving distances
as will the location of the multi-family housing near the transportation and employment centers.
2.2.3 Stationary Source Emissions
Impact. The Proposed Project will result in the generation of stationary source
emissions in the region through on-site consumption of energy (i.e., lighting, water, and space
heating and cooling). Stationary sources include two types: point and area. Point sources are those
which are at a specific site that has one or two emission sources or at a facility with an identified
location (e.g., power plant). Area sources comprise many small emission sources (e.g., home offices
and shops) which do not have specifically identified locations, but for which emissions can be
calculated using per unit standards. As depicted in Table 5.3-3, stationary sources will generate
approximately 14.93 pounds per day of CO, 9.13 pounds per day of NO,, 0.04 pounds per day of
PM,,, and 32.56 pounds per day of ROC.
Finding. Mitigation Measure AQ2 will be implemented to reduce the impact to the
extent feasible; however, no feasible mitigation measures are available to mitigate this project-level
impact and the impact remains significant and unavoidable.
Mitigation Measure AQ2. The following measures shall be implemented for all
subsequent development projects within the Master Plan area:
A commercial site designed to serve the commercial needs of the occupants of the
business park and residential areas shall be provided.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 18 5/29/02
Development within Bressi Ranch shall provide traffic control devices along all
roadway segments and at intersections and interconnect and synchronize the
operation of traffic signals along arterial streets.
Development within Bressi Ranch shall encourage commuter usage of busses,
carpools and vanpools through provision of a commuter database made available on a
website.
Development within Bressi Ranch shall encourage the expansion of bus service and
new routes into the Master Plan area by providing the bus transit facility (as
described in Section 3.0 ofthe EIR), as well as accommodating bus pullouts/ stops at
appropriate locations within the Master Plan area if requested by the North County
Transit District.
Provide incentives for car pooling, flex-time, shortened work weeks, and
telecommunications and other means of reducing vehicular miles traveled.
Develop and implement employer incentive programs to encourage the placement of
strategic bicycle storage lockers, and the construction of safe and convenient bicycle
facilities.
Development within Bressi Ranch will provide shade trees to reduce building
heatindcooling needs.
Development within Bressi Ranch shall use energy efficient and automated controls
for air conditioning.
Factual Support and Rationale. While the stationary (non-point) emissions will be
significant, the project will incorporate all measures deemed practicable to reduce the combustion of
non-renewable energy sources for purposes of heating, cooling, cooking, and the provision of
electricity. Development within Bressi Ranch will provide shade trees to reduce building
heatingkooling needs and shall use energy efficient and automated controls for air conditioning. All
future development within the Master Plan area will comply with the applicable building code
standards related to energy conservation.
2.3 Noise
Impact. Proposed land uses may be significantly impacted by on-site noise generated
by vehicular traffic on internal roadways.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure N1. Development within the Master Plan area shall be designed
so as to minimize exposure to noise from external and internal roadways. Specific recommendations
for lot layout, building location, and/or noise barrier design, and location shall be made based on
detailed, site specific acoustical evaluations for each planning area development proposal to attain
CEQA Findings of Facts Exhibit “EIR-By’
and Statement of Overriding Considerations 19 5/29/02
the acceptable exterior and interior noise level for residential and non-residential uses established in
the city of Carlsbad Noise Guidelines.
Factual Support and Rationale. The Master Plan will incorporate sound walls
adjacent to major roadways as necessary. The specific locations and characteristics (height,
materials) of the soundwalls will be determined with more detailed acoustical engineering analysis
when specific development plans are proposed.
Impact. Noise from aircraft operations at the McClellan-Palomar Airport will affect
the master plan area. However, no development will occur within the 65 dBA CNEL Noise Contour
line of the Airport as identified in the McClellan-Palomar Airport Comprehensive Land Use Plan
(CLUP). The residential uses are compatible with the Airport’s 60 dB CNEL noise contours.
According to the City’s Noise Guidelines Manual, if a residential project is located within the 60
CNEL contour from the McClellan-Palomar Airport, the City will require the posting of Aircraft
Noise Impact Area signs in all sales offices associated with that development and require the
recordation of a Notice Concerning Aircraft Environmental Impacts.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure N2. Prior to the recordation of any residential tentative maps,
the notices shall be recorded that the future homes are subject to overflight, sight and sound of
aircraft operating from McClellan-Palolar Airport.
Factual Support and Rationale. No portion of the project site planned for
residential uses is located within the 60 CNEL as identified in the CLUP. Additionally, the Master
Plan is required to comply with the requirements for the Noise Impact Notification Area. Although
no significant impact has been identified, Mitigation Measure N2 is proposed to ensure notification
is provided in compliance with the requirements of the Noise Impact Notification Area.
2.4 Geology/Soils
Impact. There is the possibility of damage to proposed structures due to excessive
settlement resulting from compression of the porous andor loose topsoil, from swelling and
shrinkage of the siltstone and claystone soils, and from the undocumentedtrash dump located on the
site.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS1. All future grading and construction of the project site
shall comply with the geotechnical recommendations contained in the Preliminary Geotechnical
Investigation, Bressi Ranch, Carlsbad, California (Leighton anddssociates, July 1997). This report
contains specific recommendations for mitigating geotechnical conditions related to soils earthwork,
slope stability, and ground and surface waters. All recommendations contained in the report shall be
incorporated into all final engineering and grading plans. The soil engineer and engineering
geologist shall review the grading plans prior to finalization to veri@ the plan’s compliance with the
recommendations of the report. If required, a third party review of the geotechnical report and final
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 20 5/29/02
grading plans shall be conducted by the City of Carlsbad Engineering Department prior to the
issuance of a grading permit. Compliance with this measure shall be verified by the City of
Carlsbad.
Factual Support and Rationale. The Preliminary Geotechnical Investigation
contains specific recommendations for mitigating geotechnical conditions related to soils earthwork.
All recommendations contained in the report will be incorporated into all final engineering and
grading plans. The soil engineer and engineering geologist shall review the grading plans prior to
finalization to verify the plan’s compliance with the recommendations of the report. If required, a
third party review of the geotechnical report and final grading plans shall be conducted by the City of
Carlsbad Engineering Department prior to the issuance of a grading permit.
Impact. Due to their potentially compressible nature, the landslide deposits within
the limits of the planned grading are considered unsuitable for structural support in their present
condition.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS2. Remove (or provide some other form of stabilization) the
ancient landslides which occur in areas of proposed development. Final recommendations for
stabilization shall be approved prior to issuance of a grading permit.
Factual Support and Rationale. The requirement to remove, or in some other way
stabilize the ancient landslides will address the potential hazard associated with this geotechnical
condition. The City Engineer will assure that all grading plans address the areas of concern and
conform to the geotechnical studies.
Impact. On the south-central portion of the site, in an area of planned residential, a
small landslide complex extends offsite. Additionally, on the east side of the site, the potential for a
landslide has been observed.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS3. Prior to grading and construction of the site, an off-site
investigation of potential landslide areas shall be conducted to confirm the locations and extent of
the potential landslides. Recommendations contained in the geotechnical investigation shall be
implemented to eliminate the risk associated with the potential landslide area. Measures may
include remedial grading and/or structural setbacks. Compliance with this measure shall be verified
by the City of Carlsbad.
Factual Support and Rationale. The off-site investigation of potential landslide
areas will be conducted to confirm the locations and extent of the potential landslides. Specific
recommendations such as remedial grading will be implemented to eliminate the risk associated with
the potential landslide area. The City Engineer will assure that all grading plans address the areas of
concern and conform to the geotechnical studies.
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 21 5/29/02
Impact. The site is likely to be subject to at least one moderate to major earthquake
during the design life of the structures. During such an earthquake, the danger fiom fault offset
through the site is remote, but relatively strong groundshaking is likely to occur.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS4. All future development of the project site shall adhere to
the Uniform Building Code and State building requirements in effect at the time specific
development is proposed. Compliance with this measure shall be verified by the City of Carlsbad.
Factual Support and Rationale. The Uniform Building Code and State building
requirements contain structural and earthquake requirements to address potential damage to
structures based on certain seismic parameters known in the Southern California region.
Impact. Ground water is present in the main drainages of the site. The control of
groundwater in a hillside development is essential to reduce the potential for undesirable surface
flow, hydrostatic pressure, and the adverse effects of ground water on slope stability.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS5. Prior to grading and construction an additional
geotechnical investigation shall be conducted to identi@ possible future seepage areas that could
occur during grading. Field recommendations for mitigation-of future potential seepage, as well as I
for the provision of drainage in areas known to be susceptible to groundwater accumulation shall be
provided. Compliance with this measure shall be verified by the City of Carlsbad.
Factual Support and Rationale. Recommendations for mitigation-of future I
potential seepage, as well as for the provision of drainage in areas known to be susceptible to
groundwater accumulation will be incorporated into grading and development plans for the project.
The City Engineer will assure that all grading plans address the areas of concern and conform to the
geotechnical recommendations regarding the presence of groundwater.
Impact. Geologic conditions that need to be addressed as part of grading and
construction of off-site improvements include undocumented fill, topsoil, moderate to highly
compressible and expansive colluvium and allumium, and one small surficial landslide.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure GS6. All grading and construction associated with
implementation of the off-site improvements shall comply with the geotechnical recommendations
contained in the Geotechnical Feasibility Study, Of-Site Poinsettia Lane, Alicante Road and Borrow
Sites within the Greens of the Villages ofLa Costa, Bressi Ranch Development, Carlsbad, California
(Leighton and Associates, January 5, 2001). This report contains specific recommendations for
mitigating geotechnical conditions related to soils earthwork, slope stability, and ground and surface
waters. All recommendations contained in the report shall be incorporated into all final engineering
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 22 5/29/02
and grading plans The soil engineer and engineering geologist shall review the grading plans prior to
finalization to verify the plans compliance with the recommendations of the report. If required, a
third party review of the geotechnical report and final grading plans shall be conducted by the City of
Carlsbad Engineering Department prior to the issuance of a grading permit. Compliance with this
measure shall be verified by the City of Carlsbad.
Factual Support and Rationale. The Preliminary Geotechnical Investigation
contains specific recommendations for mitigating geotechnical conditions related to soils earthwork.
All recommendations contained in the report will be incorporated into all final engineering and
grading plans. The soil engineer and engineering geologist shall review the grading plans prior to
finalization to verify the plan’s compliance with the recommendations of the report. If required, a
third party review of the geotechnical report and final grading plans shall be conducted by the City of
Carlsbad Engineering Department prior to the issuance of a grading permit.
2.5 Biological Resources
Impact. 30.9 acres of Diegan coastal sage scrub will be impacted by the Proposed
Project .
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure B1. Impacts to Diegan coastal sage scrub shall be mitigated by
a combination of on-site preservation consistent with the Draft HMP, as well as on-site habitat
restoration and off-site habitat acquisition. The overall mitigation ratio shall be 2: 1 , resulting in a
mitigation requirement of 61.8 acres (30.9 x 2).
Preservation consistent with the guidelines of the City of Carlsbad’s Draft HMF, shall be
accomplished through the preservation of approximately 35.7 acres (55 percent) of the Diegan
coastal sage scrub on site. Preservation shall occur within the planned open space on site and will
include the coastal sage scrub located in the southeastern corner of the project site which is identified
as within Linkage D of the Preserve Planning Area (PPA). However, based on discussions with the
USFWS, only 32.3 acres of Diegan coastal sage scrub conserved on-site can be used toward project
mitigation. This results in a mitigation shortfall of 29.5 acres (61.8 - 32.3).
The balance of the coastal sage scrub mitigation required (29.5 acres), shall be accomplished
through on-site restoration and off-site acquisition of habitat should the HMP be finalized prior to
the issuance of a Section 7. Based on the biological opinion issued by the USFWS, mitigation
acreage required for off-site acquisition is 24.5 acres. On-site restoration of 5.0 acres shall use the
duff reapplication method. This method has proven successfbl in rehabilitating disturbed areas by
using existing topsoil scheduled to be impacted by the project. Existing Diegan coastal sage scrub
and the first six inches of topsoil from areas supporting DCSS proposed to be impacted will be
collected. The areas proposed for restoration will be disced prior to spreading of the collected duff
The vegetation and topsoil will be spread over the restoration areas to a depth of approximately three
inches. The areas will be weeded three times during each of the two years following the duff
application. A mitigation credit of 0.5:l for each acre restored, pursuant to the Section 7
consultation, will be allowed using this method.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 23 5/29/02
For example, if 20 acres of area is restored, then 10 acres of mitigation credit will be allotted
to the project. The final location and amount of area available will be determined through
consultation with the City and USFWS.
Any remaining mitigation needs for the project will be provided through off-site acquisition
of Diegan coastal sage scrub at a location acceptable to the City and the USFWS, or through
payment of a habitat acquisition fee, should the HMP be finalized prior to project implementation.
The off-site acquisition of coastal sage scrub shall be in the form of a similar type and biological
value of the coastal sage scrub impacted by the project.
This mitigation program would result in 32.3 acres of good quality DCSS conserved on-site,
an additional 5.0 acres of habitat restored on-site over the long-term, and an additional 24.5 acres of
habitat acquired at a mutually agreed off-site location. The mitigation is identified as part of the
Biological Opinion already issued for the project by the USFWS and would meet the applicant’s
potential future obligations under the HMP.
Factual Support and Rationale. The City was an active participant and signatory of
Habitat Management Program (HMP) which is a subarea plan being spearheaded by SANDAG for
regional North County. The HMP program is still proceeding and includes USFWS, CDFG and any
number of other stakeholders and environmental groups as active participants. The HMP is a
subarea plan of the larger MHCP. As such, overall standards and biological principles have been
developed and applied to all these multi-species programs.
With respect to the Bressi Ranch project, preservation consistent with the guidelines of the
City of Carlsbad’s Draft HMP will be accomplished through the preservation of approximately 35.7
acres (55 percent) of the Diegan coastal sage scrub on site. Preservation will occur within the
planned open space on site and will include the coastal sage scrub located in the southeastern comer
of the project site which is identified as within Linkage D PPA. However, based on discussions with .
the USFWS, only 32.3 acres of Diegan coastal sage scrub conserved on-site can be used toward
project mitigation. This results in a mitigation shortfall of 29.5 acres (61.8 - 32.3). The balance of
the coastal sage scrub mitigation required (29.5 acres), will be accomplished through on-site
restoration, off-site acquisition or fee payment should the HMP be finalized prior to the issuance of a
Section 7.
Impact. The Proposed Project will directly impact the coastal California gnatcatcher,
Cooper’s Hawk, white-tailed kite, and northern harrier.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure B1. Mitigation for impacts to the coastal California gnatcatcher
would be mitigated through preservation of the coastal sage scrub cited above (B-1). Additional
mitigation is not required for the other sensitive species impacted on site due to their low sensitivity
status and/or limited extent on site. Mitigation for cumulative impacts to raptor hunting habitat will
be met in conjunction with habitat mitigation discussed above.
Factual Support and Rationale. The City was an active participant and signatory of
Habitat Management Program (HMP) which is a subarea plan being spearheaded by SANDAG for
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 24 5/29/02
regional North County. The HMP program is still proceeding and includes USFWS, CDFG and any
number of other stakeholders and environmental groups as active participants. The HMP is a
subarea plan of the larger MHCP. As such, overall standards and biological principles have been
developed and applied to all these multi-species programs.
With respect to the Bressi Ranch project, preservation consistent with the guidelines of the
City of Carlsbad’s Draft HMP will be accomplished through the preservation of approximately 35.7
acres (55 percent) of the Diegan coastal sage scrub on site. Preservation will occur within the
planned open space on site and will include the coastal sage scrub located in the southeastern corner
of the project site which is identified as within Linkage D PPA. However, based on discussions with
the USFWS, only 32.3 acres of Diegan coastal sage scrub conserved on-site can be used toward
project mitigation. This results in a mitigation shortfall of 29.5 acres (61.8 - 32.3). The balance of
the coastal sage scrub mitigation required (29.5 acres), will be accomplished through on-site
restoration, off-site acquisition or fee payment should the HMP be finalized prior to the issuance of a
Section 7.
Impact. Wetland habitats impacted include cismontain alkali marsh (0.02 acre),
southern willow scrub (0.08 acre), southern willow scrub disturbedcoastal and valley freshwater
marsh (0.29 acre), mule fat scrub (0.07 acre), tamarisk scrub (3.95 acres) and streambed (0.16 acre).
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure B2. All impacted cismontane alkali marsh, southern willow
scrub disturbedcoastal and valley freshwater marsh, mule fat scrub, tamarisk scrub, and streambed
habitats shall be mitigated at a 1 : 1 ratio and implemented under a detailed creationhestoration plan
prepared and implemented by the applicant within on-site open space. The 1 : 1 mitigation ratio has
been accepted as appropriate based on the Biological Opinion issued by the U.S. Fish and Wildlife
Service given that the restoration has been implemented in advance of any impacts, and because of
the overall low quality of the wetlands being impacted. (Wetland restoration on-site has already
been initiated.)
Factual Support and Rationale. The 1 : 1 mitigation ratio has been accepted as
appropriate based on the Biological Opinion issued by the U.S. Fish and Wildlife Service given that
the restoration has been implemented in advance of any impacts, and because of the overall low
quality of the wetlands being impacted. Wetland restoration on-site has already been initiated and
meets the standards set forth in this mitigation measure.
Impact. Indirect impacts expected to occur as a result of implementation of the
Proposed Project include regional connectivity and several urban edge effects including habitat
insularization, edge effect, exotic species invasion, domestic pets, increased human intrusion,
lighting and noise impacts.
Increased human (and pet) intrusion into open space areas, fixed lighting, exotic species
invasion would be considered significant where they occur to any of the preserved Diegan coastal
sage scrub riparian habitats.
CEQA Findings of Facts Exhibit “EIR-B
and Statement of Overriding Considerations 25 5/29/02
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure B3. All backyard lighting installed on homes adjacent to open
space shall be shielded to prevent light over spill. Shielding shall consist of the installation of
fixtures that physically direct light away from the outer edges of the property or landscaping, berms,
or other barriers at the edge of the lots that prevent light over spill.
Mitigation Measure B4. Fencing shall be required along the common boundary
between homes abutting the adjacent open space to control domestic pet predation of native animal
species and access by residents into sensitive habitats.
Mitigation Measure B5. Construction adjacent to wetland habitats shall be done
under the supervision of a qualified biologist to ensure that construction activities do not impact
sensitive areas.
Mitigation Measure B6. Drainage facilities should be designed to avoid the
dumping of untreated urban runoff.
Factual Support and Rationale. The foregoing list of mitigation measures for
indirect impacts to habitat and protected species have been developed over the years in the field, with
the input of biologists, the USFWS and CDFG, and have proven successful in substantially limiting
the collateral impacts. All backyard lighting installed on homes adjacent to open space will be
shielded to prevent light over spill including the installation of fixtures that physically direct light
away from the outer edges of the property or landscaping, berms, or other barriers at the edge of the
lots. Fencing will also be provided along the common boundary between homes abutting the
adjacent open space to control domestic pet predation of native animal species and access by
residents into sensitive habitats. Construction adjacent to wetland habitats will be conducted under
the supervision of a qualified biologist to ensure that construction activities do not impact sensitive
areas. Drainage facilities will be designed to avoid the dumping of untreated urban runoff.
Impact. Construction of the off-site improvements will impact 0.48 acre of riparian
woodland, 1.85 acre of riparian scrub, 12.9 acres of Diegan coastal sage scrub, 11.2 acres of
floodplain scrub, 12.9 acres of southern maritime chaparral, 0.3 acre of southern mixed chaparral,
46.8 acres of non-native grassland, 1.5 acres of eucalyptus woodland, and 1 1.3 acres of disturbed
habitat.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure. The off-site improvement areas occur within the Villages of La
Costa project. The off-site improvement areas are part of the HCP/OSMP that was previously
approved through the Section lO(a) process of the FESA, and Section 2081 of the SESA. Impacts
resulting from the off-site improvement areas all occur within the impact limits of the HCP/OSMP,
and therefore the only mitigation required will be that which is required for the Villages of La Costa
portion of the HCP/OSMP.
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 26 5/29/02
Factual Support and Rationale. The mitigation required of the Villages of La Costa
project will require on-site creation and restoration assuring no net loss to wetlands in terms of
acreage or habitat value. The mitigation will proceed as directed by the City and permitting agencies
(ACOEAJSFWS, RWQCB and CDFG). Based on the evaluation of the quality ofimpacted wetland
habitat, the limited impact to existing lower quality wetlands on the Villages of La Costa site
compared with the restoration and creation of additional higher quality wetland will result in an
overall biological improvement to the wetland ecosystem on the La Costa Green project as a whole,
by improving the quality and total acreage, eliminating invasive vegetation and improving the
overall functionality of the wetland resource.
Impact. Indirect impacts expected to occur as a result of implementation of the off-
site improvements are the same as for the project.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure. Implementation of Mitigation Measures B3, B4, B5 and B6 as
identified above.
Factual Support and Rationale. The foregoing list of mitigation measures for
indirect impacts to habitat and protected species have been developed over the years in the field, with
the input of biologists, the USFWS and CDFG, and have proven successful in substantially limiting
the collateral impacts. All backyard lighting installed on homes adjacent to open space will be
shielded to prevent light over spill including the installation of fixtures that physically direct light
away from the outer edges of the property or landscaping, berms, or other barriers at the edge of the
lots. Fencing will also be provided along the common boundary between homes abutting the
adjacent open space to control domestic pet predation of native animal species and access by
residents into sensitive habitats. Construction adjacent to wetland habitats will be conducted under
the supervision of a qualified biologist to ensure that construction activities do not impact sensitive
areas. Drainage facilities will be designed to avoid the dumping of untreated urban runoff.
2.6 Cultural Resources
Impact. Archeological site SDI-14,592 will be impacted by implementation of the
Proposed Project.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure C1. A data recovery program shall be completed for
archaeological site SDI-14,592 in compliance with the City of Carlsbad’s Cultural Resource
Guidelines Criteria and Methodology for Completing a Data Recovery Program Phase 111
(December, 1990). Data recovery provides for a sample of the site to be excavated, artifacts and
ecofacts to be analyzed, special studies (i.e. radiocarbon dating, residue analysis, obsidian hydration
and sourcing) and a report of finding which addresses the important research questions and curation
of any collections of cultural material, including associated records in a scientific institution with
permanent cultural resource collections or retained by the City and displayed to the public at an
appropriate location such as a library or City Hall.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 27 5/29/02
Factual Support and Rationale. Site SDI-14,592 will undergo further testing and
data recovery prior to grading and disturbance and therefore, will fully protect and record the
significance of the site and any artifacts or materials.
Impact. Proposed grading plans for Poinsettia Lane indicate that construction will
have a direct impact on archaeological site CA-SDI-9846. Direct impacts are restricted to the
northern one-third of the site as defined by test excavations conducted by Pacific West Archaeology
(1998). Analysis indicates a sparse deposit of archaeological materials within this area representing,
in part, redeposited materials fiom the knoll. Current data indicate that this portion of the site does
not contribute to the significance of the site. The most concentrated and significant portion of the
site is outside the Poinsettia Lane Area of Potential Effect (APE) and is to be preserved.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure C2. The Master Plan identifies the area where SDI-9,846 is
located as open space. Preservation of this near-surface cultural resource would require
implementation of a capping and easement mitigation plan to protect the site from artifact collecting.
Capping would include placement of a semi-permeable layer of polypropolene geofabric and a six-
inch (6”) layer of clean, low saline sand and gravel fill across the site followed by a minimum two
feet (2’) of non-compacted fill soil. In addition, the site shall be fenced and a conservation easement
shall be recorded over the site to preclude vehicle traffic, excavations in excess of two feet (2’) and
planting of deep-root trees and shrubs.
If avoidance of site SDI-9,846 is not feasible, then a data recovery program shall be
implemented in compliance with the City of
Carlsbad’s Cultural Resource Guidelines Criteria and Methodology for Completing a Data
Recovery Program Phase I11 (December, 1990). Data recovery provides for a sample of the site to be
excavated, artifacts and ecofacts to be analyzed, special studies (i.e., radiocarbon dating, residue
analysis, obsidian hydration and sourcing) and a report of finding which addresses the important
research questions.
Mitigation Measure C3. A qualified archaeological monitor shall be on-site during
initial grading within CEQA important sites CA-SDI-9846 and CA-SDI-14,592 including a 100 foot
buffer. The goals of the archaeological monitor shall be to collect isolated diagnostic artifacts,
ensure the integrity of the preserved portion of archaeological site CA-SDI-9846 during initial
grading, and identify and record intact archaeological features.
Grading within and adjacent to archaeological sites CA-SDI-9846 and CA-SDI-
14,592 shall be incremental, i.e., approximately 6 inches at a pass, allowing the
archaeological monitor to examine surfaces prior to continuing. Monitoring in these
areas shall continue until such time as culturally sterile subsoil is obtained.
In the event archaeological features are discovered, the archaeological monitor shall
be empowered to suspend work in the immediate area of the discovery until such
time as a data recovery plan can be developed and implemented. Work outside the
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 28 5/29/02
area of the find shall proceed along with the continuation of archaeological
monitoring.
A final summary report shall be completed and retained on file at the City that
outlines the results of the archaeological monitoring program. This report shall
include discussions of methods used, a catalog of archaeological features and
artifacts recovered and the results of analysis. Recovered materials shall be curated
in a manner consistent with other archaeological studies conducted for the project.
Factual Support and Rationale. The Master Plan identifies the area where SDI-
9,846 is located as open space. Preservation of this near-surface cultural resource will be
accomplished through implementation of a capping and easement mitigation plan to protect the site
fi-om artifact collecting. In addition, the site will be fenced and a conservation easement recorded
over the site to preclude vehicle traffic, excavations in excess of two feet (2’) and planting of deep-
root trees and shrubs. Certain remedial grading activities may be required to correct existing
landslides in the project area. These remedial grading activities may, upon further geotechnical
study and recommendations, result in the intrusion of grading into this site. Monitoring will be
conducted to ensure the integrity of the preserved portion of the site CA-SDI-9846. If avoidance of
site SDI-9,846 is not feasible, then a data recovery program shall be implemented in compliance with
the City of Carlsbad’s Cultural Resource Guidelines Criteria and Methodology for Completing a
Data Recovery Program Phase I11 (December, 1990). Data recovery provides for a sample of the site
to be excavated, artifacts and ecofacts to be analyzed, special studies (i.e., radiocarbon dating,
residue analysis, obsidian hydration and sourcing) and a report of finding which addresses the
important research questions.
Impact. The proposed grading activity has the potential to impact significant
paleontological resources.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure C4. A paleontological monitor shall be on-site as required
during the initial cutting of previously undisturbed sediments to inspect cuts for contained fossils. In
the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring
time. Conversely, if fossils are not being found then the monitoring should be reduced. A
paleontological monitor is defined as an individual who has experience in the collection and salvage
of fossil materials. The paleontological monitor shall work under the direction of a qualified
paleontologist.
When fossils are discovered, the paleontologist (or paleontological monitor) shall
recover them. In most cases, the fossil salvage can be completed in a short period of
time. However, some fossil specimens (such as a complete large mammal skeleton)
may require an extended salvage period. In these instances the paleontologist (or
paleontological monitor) shall be allowed to temporarily direct, divert, or halt
grading to allow recovery of fossil remains in a timely manner. Because of the
potential for the recovery of small fossil remains, such as isolated mammal teeth, it
may be necessary in certain instances, to set up a screen-washing operation on the
site.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 29 5/29/02
Fossil remains collected during the monitoring and salvage portion of the mitigation
program shall be cleaned, sorted and cataloged.
Prepared fossils, along with copies of all pertinent field notes, photos, and maps,
shall either be deposited (as a donation) in a scientific institution with permanent
paleontological collections such as the San Diego Natural History Museum or
retained by the City and displayed to the public at an appropriate location such as a
library or City Hall.
A final summary report shall be completed and retained on file at the City that
outlines the results of the mitigation program. This report shall include discussions
of the methods used, stratigraphic section(s) exposed, fossils collected, and
significance of recovered fossils.
Factual Support and Rationale. The geologic nature of the site creates the potential
for paleontological resources being uncovered during grading operations. The mitigation measures
require a monitoring program and approved qualified paleontological monitor be present during
initial grading, and pregrading meetings, with authority to halt grading ifresources are uncovered or
evident during the grading process to look for well-preserved fossil remains. If identified, the City
and the paleontologist will coordinate a salvage program before grading may resume in the fossil
area. Through this process, and the cleaning, storage and contribution of any fossil remains to a
museum or other depository, will protect any resources. These procedures, combined with a final
report from the monitor, have proven to be an effective program for preservation and recovery,
where appropriate.
2.7 Aesthetics
Impact. Project landform alteration will result in two slopes that are greater than 40
feet in height and do not qualifl for exemption or modifications to the standard.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure VAG1. The grading plan shall be redesigned to a height
consistent with the applicable design standard relative to slope height in the Hillside Development
Ordinance and/or as modified by the Bressi Ranch Master Plan.
Factual Support and Rationale. The grading plan of the project will require a
feasible modification to comply fully with the Hillside Development Regulations. The intent of the
Hillside Development Regulations is to implement the goals and objectives of the land use and open
space/conservation elements of the Carlsbad general plan; assure hillside conditions are properly
identified and incorporated into the planning process; preserve and/or enhance the aesthetic qualities
of natural hillsides and manufactured slopes by designing projects which relate to the slope of the
land, minimizing the amount of project grading, and incorporating contour grading into
manufactured slopes which are located in highly visible public locations; and assure that the
alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons
and riparian ecosystems will be protected from increased erosion and no substantial impacts to
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 30 5/29/02
natural resource areas, wildlife habitats or native vegetation areas will occur. The redesign of the
grading plan will ensure consistency with this development standard.
2.8 Public Services and Utilities
Impact. The construction and operation of the community recreation center, drainage
facilities, water facilities, and sewer facilities will result in an impact to the environment as a
component of the overall development and operation of the Master Plan. The physical environmental
impacts associated with the construction of the community recreation center, drainage facilities,
water facilities, and sewer facilities are considered as part of the environmental evaluation contained
in the applicable sections of this EIR. Potential impacts associated with the construction and
operation of the community recreation center, drainage facilities, water facilities, and sewer facilities
generally include traffic, air quality, noise, geology/soils, biological resources, cultural resources.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measures. Mitigation Measures identified in Sections 5.2 Traffic, 5.3 Air
Quality, 5.4 Noise, 5.5 Geology/Soils, 5.6 Biological Resources, 5.7 Cultural Resources, and 5.1 1
Water Quality/Hydrology will reduce the impact fiom the construction and operation of the
community recreation center, drainage facilities, water facilities, and sewer facilities to a less than
significant level.
Factual Support and Rationale. The Proposed Project will place a demand on
certain public services and facilities, and will require the construction and operation ofnew facilities.
The physical impacts to the environment as a result of construction and operation of public facilities
are evaluated throughout the EIR by virtue of the fact that these facilities have been defined as part
of the proposed land use plan and project components. Implementation of the mitigation measures
prescribed in the EIR identified above will mitigate the physical impact to the environment fiom the
construction and operation of these facilities.
2.9 Water Quality/Hydrology
Impact. A significant increase in surface runoff volumes is anticipated, because the
Master Plan and off-site improvements will alter the existing topography and will introduce
impervious surfaces on a primarily vacant site.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure WQHl. Subsequent to Master Plan approval, but prior to
approval of specific development plans within the Master Plan area, a preliminary hydrology study
shall be prepared which identifies the existing peak-flow runoff quantities as well as those
anticipated with proposed development. The study shall define design criteria as approved by the
City Engineer, to be utilized in the design of subsequent on-site storm drain systems.
Additionally, a detailed hydrology study shall be prepared concurrent with subsequent site
developments plans (e.g., tentative tract maps) within the Master Plan area. The hydrology study
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 31 5/29/02
shall address the drainage characteristics of the proposed development and develop an appropriate
drainage control plan for the specific project site. The drainage control plan shall be implemented in
accordance with the recommendations of the hydrology study and shall address on-site and off-site
drainage requirements to ensure on-site runoff will not adversely affect off-site areas.
Factual Support and Rationale. The City assures that drainage patterns will not be
significantly changed and adversely impacted through a series of measures. First, drainage area fees
are assessed at final map stage to assure the financing source for city wide stormdrain facilities that
are located offsite of the project. These public stormdrain systems are maintained by the City.
Additionally, through the Engineering Department, onsite stormdrain systems and other
improvements elsewhere are reviewed as part of the subdivision improvement engineering plans and
specifications to assure adequate drainage facilities will be incorporated into the Project. With the
addition of the detention basins and water quality basins designed into the Project, and careful
review of the grading and improvement plans, surface water and drainage patterns are protected.
Impact. Pollutant discharges in surface water runoff associated with the industrial
and residential land uses on-site may contribute to an exceedance of applicable surface receiving
water quality objectives or degradation of beneficial uses.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure WQHZ. Regarding the industrial land use, the Proposed Project
is required by the RWQCB to comply with the areawide Municipal Stormwater Permit, Order No.
2001-01. In addition, industrial land uses are required to comply with Order No. 97-03-DWQ,
NPDES, General Permit No. CAS0000001 Discharges of Stormwater Associated with Industrial
Activities Excluding Construction Activities. Further, all requirements contained in the Industrial
Concept Water Quality Plan shall be implemented in accordance with the Plan and verified by the
City Engineer. The Best Management Practices (BMP) Plan Options address the use of treatment
control methods using flow based and volume based BMPs such as: 1) Grass Biofilters and Strips; 2)
Wetland PondRetention Basins; 3) Continuous Deflective Separation (CDS) UnitsEossil Filters; or
4) A combination of BMP options one through three.
Regarding the residential and mixed-use land uses, the Proposed Project is required by the
RWQCB to comply with the areawide Municipal Stormwater Permit, Order No. 2001-01. Further,
this Mitigation Measure requires that all MunicipalPost-Construction BMP Plan Options contained
in the Concept Water Quality Plan shall be implemented and verified by the City Engineer. The plan
contains five BMP plan options. Option one would treat the storm flow with a single (CDS) Unit
near the downstream end of each major storm drain system and specific pad locations that drain
directly into adjacent canyon watercourses. Option two would treat storm flow surrounding
residential and mixed-use areas. Option three would treat the entire project storm flows with filters.
Option four would treat storm flow fi-om the residential and mixed-use areas with units, filters, grass-
lined swales, and retention basins. Option five is similar to Option four (refer to Appendix G,
Concept Water Quality Plan).
Factual Support and Rationale. The Regional Water Quality Control Board
adopted the new point source storm water discharge regulations and standards as part of the new San
Diego Municipal Storm Water Permit (Order No. 2001-1) pursuant to the Clean Water Act, which
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 32 5/29/02
now becomes part ofthe NPDES Permit CA 0108758. As such, the storm water discharge standards
and requirements for new development have been significantly increased. The Proposed Project has
anticipated these new regulations and included detention basins and water quality basins in order to
capture the first 0.6 inches (approximately) of rainfall on-site, so that sediment and urban pollutants
can be eliminated or removed prior to the storm water entering the watercourses, lagoons, and
ultimately the ocean. The water quality will be improved through a combination of natural and
mechanical filtration or sedimentation traps, thereby substantially improving the water quality of
storm water discharge in new development areas such as the Proposed Project. These efforts will
require, among other steps, a Clean Water Act Section 401 Water Quality Certification from the
RWQCB, as well as meeting all the new storm water discharge requirements through a Storm Water
Pollution Prevention Plan and associated NPDES permit and authorization. These new, higher
standards are intended to improve the overall municipal storm water quality before it discharges
through the public storm drain systems into the Batiquitos Lagoon. Under Order No. 2001-1, the
City, as a co-permitted, will have the primary responsibility for enforcement of the permits and
authorizations. The detention basins and water quality basins will be maintained by the applicable
associations as part of the common areas.
2.10 Hazards and Hazardous Materials
Impact. The presence of hazardous materials on-site will require mitigation to ensure
proper disposal and remediation if necessary.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure HM1. Prior to site grading, the stained soil shall be properly
disposed of in accordance with federal, state and local requirements in order to eliminate this
potential health hazard from the project site. Additionally, the applicant shall ensure that the
unpermitted landfill is excavated and debris and organic material located in the dump is properly
dispose of in accordance with federal, state and local requirements. A hazardous materials specialist
shall verify that materials have been properly disposed of prior to site grading.
Factual Support and Rationale. The stained soil will be properly disposed of in
accordance with federal, state and local requirements. Additionally, the applicant will ensure that the
unpermitted landfill is excavated and debris and organic material located in the dump is properly
dispose of in accordance with federal, state and local requirements. A hazardous materials specialist
will verify that materials have been properly disposed of prior to site grading.
Impact. There may be asbestos present within construction materials including
linoleum, linoleum mastic and the plaster on the walls and ceilings of the ranch house. Demolition
of the ranch house may result in a significant environmental impact related to the release of asbestos.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure HM2. Prior to demolition of the ranch house, an asbestos
survey shall be conducted. An asbestos investigation shall be conducted and mitigation report
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 33 5/29/02
prepared. The mitigation report shall identify appropriate clean-up and disposal requirements
necessary to avoid releasing asbestos into the air and these requirements shall be followed.
Factual Support and Rationale. An asbestos investigation will be conducted and
mitigation report prepared which will identify appropriate clean-up and disposal requirements
necessary to avoid releasing asbestos into the air.
Impact. The unpermitted landfill that is located in the northeast portion of the project
site was remediated in 1989. Portions of the landfill remain and its contents need to be removed and
properly disposed of prior to development of the project site.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure HM1. Prior to site grading, the stained soil shall be properly
disposed of in accordance with federal, state and local requirements in order to eliminate this
potential health hazard fiom the project site. Additionally, the applicant shall ensure that the
unpermitted landfill is excavated and debris and organic material located in the dump is properly
dispose of in accordance with federal, state and local requirements. A hazardous materials specialist
shall verify that materials have been properly disposed of prior to site grading.
Factual Support and Rationale. The applicant will ensure that the unpermitted
landfill is excavated and debris and organic material located in the dump is properly dispose of in
accordance with federal, state and local requirements. A hazardous materials specialist will verify
that materials have been properly disposed of prior to site grading.
Impact. The levels of toxaphene were above the preliminary remediation goals in
soil samples taken on-site. This is considered a significant impact.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
Mitigation Measure HM3. Prior to site grading, the project developer, the City of
Carlsbad and the County of San Diego shall be consulted regarding development requirements on-
site, and due to the presence of pesticides (primarily toxaphene) in the upper 12 inches of former
cultivated areas, some areas may require further assessment and/or remediation prior to grading.
Soils shall be remediated to a level deemed acceptable for residential uses according to federal, state,
and local guidelines and standards.
Factual Support and Rationale. The project developer, the City of Carlsbad and the
County of San Diego will be consulted regarding development requirements on-site and some areas
may require further assessment and/or remediation prior to grading. Soils will be remediated to a
level deemed acceptable for residential uses according to federal, state, and local guidelines and
standards.
3. FINDINGS CONCERNING FEASIBILITY OF PROJECT ALTERNATIVES
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 34 5/29/02
3.1 Applicable Standards. Under CEQA, whenever a public agency considers approving a
project for which the EIR concludes that notwithstanding the incorporated mitigation measures, there
will nonetheless remain significant impacts that are not avoided or lessened below a level of
significance, the public agency must consider and make findings regarding the feasibility of
alternatives discussed in the EIR. As stated in CEQA (PRC $21002):
“[It] is the policy of the state that public agencies should not approve projects as proposed if
there are feasible alternatives or mitigation measures available which would substantially
lessen the significant environmental effects of such projects .... The legislature further finds
and declares that in event specific economic, social, or other conditions make infeasible such
project alternatives or mitigation measures, individual projects may be approved in spite of
one or more significant effects thereof.”
Here, the FPEIR concludes that after the incorporation of the specific mitigation measures
outlined in Section 2 above, the Proposed Project will still have the following significant,
unmitigable environmental effects:
Direct and Cumulative Impact to Air Quality.
The determination of the infeasibility of alternatives is necessarily an evaluation of the many
elements of specific economic, social or other considerations. (Guidelines $15091). Elsewhere in
the Guidelines $15364, “feasible” is defined as “...capable of being accomplished in a successfbl
manner within a reasonable period of time, taking into account economic, environmental, legal,
social, and technological factors.” At the same time, infeasibility is not equated with impossibility
and case law recognizes that an alternative or mitigation measure may also be infeasible if it is
undesirable or impractical from a policy standpoint. As an example, a conflict between project
alternatives and a city’s growth management policies and programs supported a finding of
infeasibility in City of Del Mar v. City of San Diego (1 982) 133 CA3d 401. The Court went on to
describe the alternatives analysis under CEQA necessarily involves the balancing of economic,
environmental, social and technological factors within the province of the decision makers.
In undertaking the comparative analysis called for under CEQA in considering the feasibility
of project alternatives, it is also necessary to keep in mind the Project objectives as expressed in the
FPEIR. The overall Project Objectives are set forth at Pages 3-15 and 3-16 of the FPEIR as follows:
* Develop a mixed-use community of integrated land uses, based on the Ahwanee
Principles, including residential, industrial, commercial, community facilities, and open
space uses on a 585.1 acre site.
* Create a unique Bressi Ranch image and identity which differentiates Bressi Ranch fiom
other communities in the City where all things required to meet the daily needs of the
residents are within walking distance, including commercial uses and a substantial
number of job opportunities.
Provide for the development of 523 market rate homes and 100 affordable units which
will provide a range of housing types to add to the diversity of the City’s housing stock.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 35 5/29/02
Develop up to 2,160,500 square feet of officehndustrial uses in the portion of the Master
Plan within the Airport Influence area to create a wide variety of employment
opportunities in proximity to other industrial and residential uses of the City.
- Provide approximately 130,000 square feet of viable commercial facilities to serve the
needs of people working in the Master Plan, the residents of the Master Plan and
surrounding residential areas.
* Create a center focus that combines commercial, community facilities, residential, and
recreational opportunities within walking distance of the majority of residences.
- Provide an ample supply of specialized open space in the form of squares, greens, and
neighborhood parks whose frequent use is encouraged by their convenient location.
* Create a business center and community destination at this significant location within the
City.
Design internal streets and adjacent buildings in a scale which encourages pedestrian use
and discourages automobile use.
Allow for sufficient residential and non-residential development to ensure that public
facilities and services that serve the Master Plan area meet the applicable City standards
as called for in the Carlsbad Growth Management Plan.
- Provide for a fblly integrated circulation system that facilitates movement and access
needs of automobiles, pedestrians, and bicyclists, yet discourages high speed traffic fiom
going through the residential portion of the project.
Allow for sufficient development within the Master Plan to ensure that new development
and new roadways meet City of Carlsbad growth management standards for traffic levels
of service.
Create an open space system that is consistent with the Preserve areas of the City’s Draft
Habitat Management Plan.
Provide open space areas for the preservation of the natural resources of the City.
- Allow for sufficient residential and non-residential development to allow the developer
of the Master Plan to set aside a 13.7 acre community facilities site.
3.2 Findings on Project Alternatives
The Final Program EIR evaluated a range of potential project alternatives. The project
alternatives included a No ProjectExisting General Plan Alternative, No Development Alternative,
Alternative Land Use Plan A, Alternative Land Use Plan B, and Alternative Land Use Plan C.
CEQA requires consideration of the No Project alternative and the City selected the others on the
basis they represent a reasonable range of alternative project proposals that appear to be potentially
compatible with most of the overall Project Objectives.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 36 5/29/02
Applying the criteria discussed above for considering the feasibility of project alternatives
and considering the totality of the information in the Final Program EIR, testimony and information
received during the public hearings and the evidence in the administrative records as a whole, the
City has determined that the identified project alternatives are not feasible in light of the Project
Objectives, the City’s programs and policies, general legal principles applicable to a landowner’s
right or privilege to make beneficial use of its property in accordance with all applicable laws,
policies, standards and land use regulations uniformly applied and economic, legal, social,
technological, or other considerations specified below. The factual support, reasoning and analysis
supporting this conclusion is set forth below with respect to each of the Project alternatives evaluated
in the Final Program EIR.
3.2.1 No Project/Existing General Plan Alternative. (FPEIR Section 6.1)
The No Projecthixisting General Plan Alternative assumes that the project site would be
developed pursuant to the existing general plan land use designations of the project site. The
existing general plan land use designations of the project site are: Unplanned Area; Open Space;
Residential Low Density; Residential Low-Medium Density; and Residential Medium Density.
Figure 3-9 in the FPEIR depicts the existing general plan designations of the project site. For the
purposes of the environmental analysis set forth in the FPEIR, it was assumed that only 498
residential units would be constructed under this alternative. The intensity of non-residential
development was assumed to be similar to the Proposed Project.
(a) This alternative would incrementally reduce the impact to air quality, although the
impact to air quality from this alternative would remain significant and unavoidable. The No
ProjectExisting General Plan alternative will result in similar impacts with respect to the remainder
of the impact areas, including, but not limited to, traffic, land use, noise and cultural resources. The
scope and range of mitigation measure would remain the same for the No Project/Existing General
Plan alternative compared to the Proposed Project and therefore the alternative does not incorporate
significant environmental advantages overall.
(b) Implementation of the No Projecthixisting General Plan Alternative may result in a
greater impact to biological resources as the existing general plan land use configurations of the site
are not consistent with the City’s Draft HMP.
(c) This alternative would not meet all of the basic Project objectives. With fewer
residential units, the No ProjectExisting General Plan Alternative would limit the ability of the City
to successfully implement the mix of uses and pedestrian oriented concepts that are proposed under
the Master Plan. With fewer residential units, this alternative will also do less to remedy the existing
jobshousing imbalance that exists within the City of Carlsbad. The City’s analysis show
approximately 70% of the people who live in Carlsbad commute from other cities or the county.
(d) The No Projecthixisting General Plan alternative substantially reduces residential units
by approximately 20%, but will not proportionally reduce the amount of circulation element roads
and back bone infrastructure. As a result, the No ProjectlExisting General Plan will cause a
significant increase in the infrastructure costs allocation to the remaining units. This would further
exacerbate housing costs in the Carlsbad area for existing and future residents.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 37 5/29/02
(e) The NoProjectExisting General Plan alternative would not provide as much assistance
in meeting the affordable housing obligations in the City. The Proposed Project would add
approximately 100 units of work force affordable housing in the City to assist the City in meeting its
obligations under State law to provide its regional fair share of affordable housing. The No
Project/Existing General Plan will not create as many workforce affordable housing units.
3.2.2 No Development Alternative. (FPEIR Section 6.2)
The No Development Alternative assumes that the Proposed Project will not be developed
and the project site will remain vacant and used for agricultural activities. The existing residence
and agricultural buildings located in the central portion of the project site will remain along with the
adjacent storage area that contains several trailers and storage containers, as well as miscellaneous
farm equipment. The hazardous materials found on site will not be remediated.
(a) The private property owner has legal rights of reasonable beneficial use of its property
consistent with uniformly applied policies, ordinances, regulations and constitutional protections.
The No Development Alternative is essentially a denial of all beneficial use.
(b) The No Development Alternative is inconsistent with the City’s General Plan, Housing
Element and Growth Management Program which identifies and permits a range of housing types
and other uses on the property. The Proposed Project is consistent with the existing and proposed
land uses surrounding the property. The No Development Alternative would likely result in the
continuation of the dry farming operations, without providing the uses, facilities, services and
infrastructure anticipated under existing City rules, regulations and policies. No development would
be inconsistent with the city’s responsibility under State Planning Law to adopt and implement a
General Plan providing for a range of land uses, including residential, employment, open space and
other area to provide for the orderly and balanced range of uses. If no development were to take
place in the areas designated for development, the City would fail to meet its local, regional and state
obligations to provide housing and job opportunities not just for existing residents, but for the future
population growth forecast for the City and the region generally.
(c) The Proposed Project will provide a range of usefbl and needed public facilities and
other infrastructure that will serve existing and future residents of the City and enhance and improve
the quality of life. The public facilities and improvements that will not be provided by the No
Development Alternative include, but are not limited to, 13.7 acres of community facilities, parks,
walking and bike trails The No Development Alternative will also not finance or construct
circulation element roads to complete the City’s circulation element roads (Poinsettia Lane, Alicante
Road, and El Fuerte Street as examples) which are needed to support existing and future local and
regional traffic.
i
(d) The Proposed Project would add approximately 100 units of workforce affordable
housing in the City to assist the City in meeting its obligations under State law to provide its regional
fair share of affordable housing. The No Development alternative would not contribute to the
affordable housing obligations in the City.
(e) While the property would remain undeveloped, it would not dedicate the approximately
120 acres ofHMP Open Space or protect that areawithpermanent conservationeasements. Through
its open space preservation program, the Proposed Project will provide a direct linkage between the
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 38 5/29/02
Core 5 Preserve Planning Area (“PPA”) and the Core 6 PPA. Under the No Development
Alternative, preservation of this linkage would not be assured.
(0 The City’s efforts to provide a balance of jobs and housing opportunities would be
adversely affected as both needed housing stock and employment land would remain unbuilt. The
City’s analysis shows approximately 70% of the people who live in Carlsbad commute elsewhere to
work and roughly 70% of the people employed in Carlsbad commute from other cities or the county.
(g) By the property remaining undeveloped, existing surface water runoff and sediment
would remain uncontrolled and unfiltered. Without water quality control devises the No
Development alternative would continue contributing sediment and urban pollutants discharge to
receiving water such as Batiquitos Lagoon.
(h) The City, by not benefitting from the range of development fees and exactions, as well
as increased tax base would be adversely impacted in terms of tax revenues to support public
facilities and infrastructure that would have been built or financed by the Proposed Project. The
City’s Growth Management Program and facilities performance standards would be jeopardized as
the cost of additional facilities and infrastructure to serve existing and future citizens, and the sources
of those funds and facilities, were spread proportionately for fbture development to finance and
construct. This financing shortfall could affect a range of citywide facilities such as libraries, fire
support, police, city government, parks, recreation as well as transportation and the needed road
network. In other words, the Citywide capital infrastructure hnding mechanism would be
jeopardized.
(i) The No Project Alternative does not meet any of the Project objectives. A primary goal
of the Proposed Project is to develop a unique master planned area that allows people to live, work,
shop and play in one community. If no development takes place, the property will not create a
mixed-use community of integrated land uses consistent with the Ahwanee Principles. The jobs,
services, housing, infrastructure and amenities included within the Proposed Project objectives will
continue to go met.
3.2.3 Alternative Land Use Plan A. (FPEIR Section 6.3)
Alternative Land Use Plan A - Reduced Intensity would develop the site with residential uses
inPAs6,7,8,9,10,11,and12,mixed-usesinPA-15,andcommunityfacilitiesinPA-13. Theopen
space uses would be retained in OS-1, OS-2, OS-3,OS-4, OS-5, and OS-6. However, under this
alternative, the industrial uses would not be developed within PAS 1,2,3,4, and 5. Planning Areas
1, 2, 3,4, and 5 would be developed with other uses that are also considered compatible with the
McClellan-Palomar Airport.
As shown in Figure 5.1-2 Airport Zones/Area of the FPEIR, the northwestern portion of the
project site is located within the runway protection zone. The northern portion of the site is located
within the Flight Activity Zone (FAZ). The City of Carlsbad General Plan states that within the
FAZ, for reasons of health and safety, residential development and most institutional land uses (e.g.,
hospitals, schools, etc.) must be precluded from the FAZ. Land within the FAZ can be utilized
principally for “industrial and supporting commercial development.” For example, compatible uses
within the FAZ include recreation areas, public right ofways, agriculture, and storage facilities. As
such, this alternative assumes that PAS 1,2,3,4, and 5 would be developed with an open space, or
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 39 5/29/02
recreational type of use. The overall development footprint would be the same as the Proposed
Project; however this alternative would develop 2,160,500 less non-residential square footage than
the Proposed Project.
(a) This alternative would incrementally reduce the impact to air quality, although the
impact to air quality would remain significant and unavoidable. The Alternative Land Use Plan A
would also have fewer traffic, noise and visual quality/grading impacts. This alternative will result
in similar impacts with respect to the remainder of the impact areas, including, but not limited to,
traffic, land use, noise and cultural resources. The scope and range of mitigation measures would
remain the same for the Alternative Land Use Plan A compared to the Proposed Project and therefore
the alternative does not incorporate significant environmental advantages overall.
(b) This alternative would not meet all of the basic Project objectives. A primary goal of
the Proposed Project is to develop a unique master planned area that allows people to live, work,
shop and play in one community. With no industrial development, the Alternative Land Use Plan A
would limit the ability of the City to successfully implement the mix of uses and pedestrian oriented
concepts that are proposed under the Master Plan. Without the industrial uses, the development of
the property would not result in the creation of a business center that will provide jobs for existing
and future residents of the City.
(c) The Alternative Land Use Plan A would substantially reduce planned industrial
development, but without proportional reduction in circulation element roads, back bone
infrastructure, resulting in a significant increase in the infrastructure cost allocation to the residential
component of the alternative. This would further exacerbate housing costs in the Carlsbad area for
existing and future residents.
(d) The City’s efforts to provide a balance of jobs and housing opportunities would be
adversely affected as Alternative Land Use Plan A would not provide needed industrial development
and the jobs associated with that use. The City’s analysis show approximately 70% of the people
who live in Carlsbad commute elsewhere to work and roughly 70% of the people employed in
Carlsbad commute from other cities or the county.
(e) The Alternative Land Use Plan A would result in 2,160,500 square feet less of revenue
generating development. The City, by not benefitting fiom the range of development fees and
exactions, as well as increased tax base would be adversely impacted in terms of tax revenues to
support public facilities and infrastructure that would have been built or financed by the industrial
portion of the Proposed Project. The City’s Growth Management Program and facilities
performance standards would be jeopardized as the cost of additional facilities and infrastructure to
serve existing and future citizens, and the sources of those hnds and facilities, were spread
proportionately for future development to finance and construct. This financing shortfall could
affect a range of citywide facilities such as fire support, police, city government, as well as
transportation and the needed road network. In other words, the Citywide capital infrastructure
hnding mechanism would be jeopardized.
3.2.4 Alternative Land Use Plan B. (FPEIR Section 6.4)
This alternative would designate up to 10 acres of the eastern most portion of Planning Area
4 (PA 4) from Planned Industrial (PI) to Local Shopping Center (L) and allow this area to be
CEQA Findings of Facts Exhibit “ER-B’
and Statement of Overriding Considerations 40 5/29/02
developed with up to a maximum of 100,000 square feet of Commercial uses as allowed under the L,
General Plan designation. This would become PA 16 of the Bressi Ranch Master Plan. The total
acreage and square footage of commercial in PA 16 may be less, in that case a greater amount of
commercial would be developed in PA 15, but in no case would more than 130,000 square feet of
commercial be developed in the Bressi Ranch Master Plan. Up to 30,000 square feet of commercial
would remain in PA 15 which would keep its existing designation of Residential High Density (RH),
L, and Community Facilities (CF). These designations would allow PA 15 to be developed with
100 affordable dwelling units, up to 200 assisted care units, 30,000 square feet of commercial uses
and community facilities.
As noted above, up to 100,000 square feet of the 130,000 square feet of commercial proposed
in this area by the Bressi Ranch Master Plan would be relocated to PA 16 adjacent to the intersection
of Palomar Airport Road and El Fuerte Street. Additional community facilities could be located in
the portion of PA 15 that would have been used for commercial purposes under the proposed site
plan.
This alternative would eliminate the potential of up to 100,000 square feet of industrial/office
uses that could have been developed in the 10 acres that were previously designated PI in PA 4 but
under this alternative would be developed for commercial purposes in PA 16. The impacts of this
alternative would be to slightly reduce the overall intensity of development, since it is highly
unlikely that there would be a demand for up to 100,000 square feet of community facilities.
However, this analysis assumes that this amount of community facilities will be developed in the
portion of PA 15 that would have been developed with commercial uses under the proposed Bressi
Ranch Master Plan.
Similar to the proposed Master Plan, the maximum number of dwelling units in the Master
Plan would be capped at 523 market rate units to be located in PAS 6,7,8,9, 10, 11, & 12 and 100
affordable units in PA 15.
Figure 6-1 of the FPEIR depicts Alternative Land Use Plan B. Other than the changes to the
land use designations in PAS 4, 15 & 16 this alternative would not make any other changes to the
proposed Bressi Ranch Master Plan. The overall development footprint would remain the same as
the Proposed Project as would the number of dwelling units and acres of open space, while there
would most likely be a reduction in the square footage of the non-residential development. A
statistical summary of this alternative is provided in Table 6-3 of the FPEIR.
(a) The change in land uses proposed by Alternative Land Use Plan B would result in 900
fewer traffic trips per day comparted to the Proposed Project. This reduction in development
intensity would slightly reduce impacts to traffic/circulation, air quality, noise, public services and
utilities. The impact to air quality would remain significant and unavoidable. The scope and range
of mitigation measures would remain the same for the Alternative Land Use Plan B compared to the
Proposed Project and therefore this alternative does not result in significant environmental
advantages over the Proposed Project.
(b) This alternative does not meet all the objectives of the Proposed Project. This
alternative would not result in the development of 2,160,500 square feet of industrial and office uses
within the Airport Influence area or create as wide a variety of employment opportunities in
proximity to other industrial and residential uses of the City.
CEQA Findings of Facts Exhibit “EIR-B’
and Statement of Overriding Considerations 41 5/29/02
(c) By decreasing the amount of industrial development, this alternative would limit the
City’s ability to provide a balance of jobs and housing opportunities. The City’s analysis shows
approximately 70% of the people who live in Carlsbad commute elsewhere to work and roughly 70%
of the people employed in Carlsbad commute from other cities or the county.
3.25 Alternative Land Use Plan C. (FPEIR Section 6.5)
Alterative Land Use Plan C designates the 14 acres ofplanning Area 12 (PA 12) south of “B”
Street as Local Shopping Center (L) and allow this site to be developed with up to 110,000 square
feet of commercial uses as allowed under the L General Plan designation. This acreage would
become PA 16 of the Master Plan. The portion of PA 12 north of Street “D” would remain as
Residential Medium (RM). The overall number of market rate units in the Master Plan would not
exceed the residential dwelling unit cap of 523 units. Planning Area 15 which would keep its
existing designation of Residential High Density .(RH), L, and Community Facilities (CF). These
designations would allow Planning Area 15 to be developed with up to 100 high density affordable
units, up to 200 assisted care units, community facilities and a maximum of 20,000 square feet of
commercial uses, such as restaurants or small shops catering to the needs of the industrial portion of
the Master Plan.
Figure 6-2 of the FPEIR depicts the land use plan for Alternative Land Use Plan C. Other
than the changes to the land use designations of PAs 12,15 and 16 this alternative would not make
any other changes to the proposed Bressi Ranch Master Plan. The overall development footprint
would remain the same as the Proposed Project, as would the number of dwelling units, square
footage of non-residential development and open space. A statistical summary of this alternative is
provided in Table 6-4 of the FPEIR.
(a) Implementation of this alternative would generally result in similar environmental
impacts compared to the Proposed Project. Under the Alternative Land Use Plan C, air quality
impacts would continue to remain significant and unmitigable. However, because of the replacement
of residential uses with commercial uses at the intersection of Poinsettia Lane and El Fuerte, the
noise impact from Alternative Land Use Plan C to on-site uses would be less than the Proposed
Project.
(b) This alternative does not meet all the objectives of the Project. This alternative would
not result in the development of 2,160,500 square feet of industrial and office uses within the mort
Influence area or create as wide a variety of employment opportunities in proximity to other
industrial and residential uses of the City.
(c) Be decreasing the amount of industrial development, this alternative would limit the
City’s ability to provide a balance of jobs and housing opportunities. The City’s analysis shows
approximately 70% of the people who live in Carlsbad commute elsewhere to work and roughly 70%
of the people employed in Carlsbad commute from other cities or the county.
4. STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA Guideline 0 15093)
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 42 5/29/02
As discussed in Section 4.1 of these CEQA findings, the FPEIR concludes that the Proposed
Project, even with incorporation of all feasible mitigation measures and consideration of alternatives,
will nonetheless have significant direct and cumulative impacts on air quality. The cumulative
impacts all arise from the marginal contribution the Proposed Project will make, when combined
with the impacts from existing and other future projects, to pre-existing conditions that fail to meet
applicable standards currently.
The City has adopted all feasible mitigation measures with respect to these impacts, which
may have substantially lessened the impacts, but have not been successful in reducing them below a
level of significance.
Under CEQA, before a project which is determined to have significant, unmitigated
environmental effects can be approved, the public agency must consider and adopt a “statement of
overriding considerations” pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose
of CEQA is to fully inform the decision makers and the public as to the environmental effects of a
Proposed Project and to include feasible mitigation measures and alternatives to reduce any such
adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the
approval of projects where not all adverse impacts can be fully lessened or avoided. However, the
agency must explain and justify its conclusion to approve such a project through the statement of
overriding considerations setting forth the Proposed Project’s general social, economic, policy or
other public benefits which support the agency’s informed conclusion to approve the Proposed
Project.
The city finds that the Proposed Project has the following substantial social, economic, policy
and other public benefits justifying its approval and implementation, not withstanding not all
environmental impacts were fully reduced below a level of significance”
A. City General Plan and Policies. The Proposed Project is consistent with the City’s
General Plan and Policies in that it provides for residential, commercial, and industrial development,
as well as open space in the southeast quadrant. The range of housing product types are compatible
with 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.
B. Growth Management Program; Zoning. The Proposed Project is fully consistent with the
density limitations, including the Growth Management control point, and the Southeast Quadrant cap
on total housing units and has not sought an increase in zoning or density. The standards that will
guide the entire buildout of the Proposed Project and the Local Facilities Management Plans setting
forth the phasing and timing of needed public infrastructure. These programs assure the Proposed
Project will develop as a balanced whole and needed public infrastructure and facilities will be
provided commensurate with need in order to meet the performance public facilities performance
standards of the City’s Growth Management Program.
C. Housing and Employment Opportunities. The Proposed Project will have a maximum of
623 residential units, approximately 150 acres of business park located adjacent to the City’s major
industrialloffice area, mixed-uses, a designated community facilities area, and open space. to support
the surrounding residential areas. The range of housing types vary from multi-family, townhomes
and small and larger lot detached, located and sized to compliment the housing types in surrounding
neighborhoods. These units will assist Carlsbad in providing sufficient, desirable and safe housing
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 43 5/29/02
and neighborhood opportunities for existing and future residents and improve the jobshousing
balance.
D. Affordable Housing. The Proposed Project will provide 20% of all units as workforce
affordable housing within the Bressi Ranch Master Plan boundaries in full compliance with the
City’s Affordable Housing Inclusionary Ordinance and policies. This commitment represents about
100 units that will be owned and managed to provide workforce housing to Carlsbad employees who
meet the income limitations beginning at 80% of the area median income levels. This represents the
continuation of an existing successful policy and is necessary to meet the City’s obligations and
commitments to increased housing opportunities in Carlsbad.
E. Open Space. Approximately 191 acres or (33 %) of the Bressi Ranch Master Plan consists
of Open Space. Open Space is proposed in areas OS 1 through OS 6. The Master Plan Open Space
program consists of: a) open space for the preservation of natural resources; b) open space for
outdoor recreation; c) open space for public health and safety; recreation areas, trails; and landscaped
parkways. Additionally, the Bressi Ranch Master Plan will provide recreation areas, where
applicable, per the requirements of the City’s Planned Development Ordinance.
F. Citvwide Road Network Improvements. The Proposed Project will construct the portion
of Poinsettia Lane on-site, and contribute to the construction of Poinsettia Lane off-site from the
project site’s eastern boundary to El Camino Real, a critical easuwest circulation element road. The
Proposed Project will construct El Fuerte Street onsite, and Alicante Road onsite, as well as
contribute to the construction of Alicante Road off-site extending south from the Master Plan area to
the future Poinsettia Lane.
CEQA Findings of Facts Exhibit “EIR-B”
and Statement of Overriding Considerations 44 5/29/02
MITIGATION MONITORING AND REPORTING PROGRAM
for
BRESSI RANCH MASTER PLAN
MASTER PLAN
Lead Agency:
CITY OF CARLSBAD
PLANNING DEPARTMENT
163 5 Faraday Avenue
Carlsbad, California 92008
Date: June 5,2002
PAGE~MARCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measures Responsible
Monitoring
Party
Required Time of
Application Monitoring Notes Completion Date Frequency
Status Shown on Plans/
1) Palomar Airport
Roam1 Fuerte Street
2) Palomar Airport Road/Melrose Drive
With project and City
Capital Improvements Program widening of
Palomar Airport
Road along the
project north frontage and project widening of El
Camino Real along
the west frontage, as
well as frontage
I improvements along
Palomar Airport
Road between
Business Park Drive and Melrose Drive implemented by the
Palomar Forum proiect, no direct
T 1. Prior to recordation of a final map,
issuance of grading permit or building permit, whichever occurs first within Zone
17, a financing guarantee shall be provided
via an improvement agreement for the
construction of El Fuerte Street from
Palomar Airport Road to the southern Zone 17 boundary which shall be in accordance
with Section 66462 of the Subdivision Map
Act and Section 20.16.060 of the Carlsbad
Municipal Code.
El Fuerte Street from Palomar Airport Road
to the southern zone boundary shall be
constructed prior to occupancy of any
building as a four lane secondary arterial,
and shall include the following:
- Complete south leg improvements and
dual left turn lanes on westbound
Palomar Airport Road, complete second
left turn only lane on southbound El
Fuerte Street at Palomar Airport Road,
complete southbound throughhight turn
lane and southbound right turn only
lane at intersection with Palomar
Airport Road.
- Construct new intersection with traffic
City of
Carlsbad
Engineering
Department
Prior to recordation of
a final map, issuance
of grading permit or building permit, whichever occurs first
within Zone 17.
Once, on
completion.
7
Completion:
Date Initials
Name
PAGE2MRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measures Responsible Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of
significant project
impacts to street'
segments are
expected. Frontage improvements
provided by the
project along
Palomar Airport
Road and El Camino Real include curb,
gutter, and sidewalk.
signal at El Fuertemressi North Access
intersection.
- Construct new intersection with traffic
signal at El Fuertemressi Central
Access intersection.
- Construct new intersection with traffic
signal at El FuerteBressi South Access intersection.
T2. Prior to recordation of a final map that
creates buildable lots within Zone 17, a financing guarantee shall be provided via an
improvement agreement for the construction
of Poinsettia Lane fiom El Camino Real to
the existing terminus east of the Zone 17
boundary which shall be in accordance with Section 66462 of the Subdivision Map Act
and Section 20.16.060 of the Carlsbad
Municipal Code.
Poinsettia Lane shall be constructed as a four
lane major arterial from El Camino Real to the existing terminus east of the Zone 17 boundary, and shall include the following:
- Construct new intersection with traffic
signal at intersection with El Fuerte Street.
I City of Prior to recordation of
Carlsbad a final map that
Engineering creates buildable lots
Department within Zone 1 7.
I
Once, on
completion.
Completion:
Date Initials
Name
PAGE3MRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Responsible
Monitoring
Party
Required Time of
Application
Monitoring
Frequency
Shown on Plans/
Notes Completion Date
Status
5.3 Air Quality
The proposed project
will result in a short-
term impact to localized air quality
as a result of grading and construction
activity.
T3. The portion of Poinsettia Lane from El
Camino Real to the existing terminus east of
the Zone 17 boundary is conditioned to be
constructed by the Greens at the Villages of
La Costa development. The applicant shall provide their fair-share contribution to the
construction of Poinsettia Lane from the
project’s (Zone 17) western boundary to El
Camino Real. Should the Villages of La Costa development not proceed as planned,
the project applicant shall provide for the
construction of Poinsettia Lane from the
project’s easterly boundary to El Camino
Real.
AQ 1. During clearing, grading, earth
moving or excavation of the project site, the following measures shall be implemented:
Control fugitive dust by regular
watering, paving construction roads, or
other dust preventive measures;
tune;
gro-;
- Maintain equipment engines in proper
- Seed and water until vegetation cover is
- Spread soil binders; Wet the area down, sufficient enough to form a crust on the surface with repeated
soakings, as necessary, to maintain the
crust and prevent dust pick up by the Wind; - Street sweeping, should silt
be carried over to adjacent public
City of Carlsbad
Engineering
Department
City of Carlsbad
Planning
Department
Prior to recordation of a final map, issuance
of grading permit or
building permit,
whichever occurs frrst
within Zone 17.
During clearing,
grading, earth moving
or excavation of the project site.
Once, on completion.
During
construction.
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE4MRCH 29,2002 BREW RANCH MASTER PLAN EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
The total (mobile and stationary) projected
air pollutant
emissions at buildout
are estimated at 2,699.53 pounds per day of CO, 742.74
pounds per day of
NOx, 395.20 pounds
per day of PMlO, and 305.53 pounds per day of ROC. All air
pollutant emissions
analyzed in this EIR
are considered significant at buildout of the proposed project.
thoroughfares; - Use water trucks or sprinkler systems to
keep all areas where vehicles move dirt
enough to prevent dust raised when
leaving the site; Wet down areas in the late morning and after work is completed for the day; - Use of low sulfur fuel (0.5% by weight)
for construction equipment.
AQ2. The following measures shall be implemented for all subsequent development
projects within the Master Plan area:
A commercial site designed to serve the commercial needs of the occupants of the business park and residential areas
shall be provided.
Development within Bressi Ranch shall
provide traffic control devices along all roadway segments and at intersections and interconnect and synchronize the
operation of traffic signals along
arterial streets.
Development wih Bressi Ranch shall
encourage commuter usage of busses,
carpools and vanpools through
provision of a commuter database made available on a website.
Development within Bressi Ranch shall
encourage the expansion of bus service and new routes into the Master Plan
area by providing the bus transit facility
(as described in Section 3.0 of the EIR), as well as accommodating bus pullouts/
stops at appropriate locations within the
City of Carlsbad Planning
Department
At the time subsequent
development plans are
proposed.
PAGE5/MARCH 29,2002 BRESSI RANCH MASTER PLAN EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
Off-Site Improvements
The proposed project
will result in a short-
term impact to
localized air quality as a result of grading
and construction
activity.
Master Plan area if requested by the
North County Transit District. Provide incentives for car pooling, flex-
time, shortened work weeks, and
telecommunications and other means of
reducing vehicular miles traveled.
Develop and implement employer incentive programs to encourage the placement of strategic bicycle storage
lockers, and the construction of safe
and convenient bicycle facilities. Development within Bressi Ranch will provide shade trees to reduce building
heatinglcooling needs.
Development within Bressi Ranch shall
use energy efficient and automated controls for air conditioning.
AQ 1. During clearing, grading, earth
moving or excavation associated with off-site
improvements, the following measures shall
be implemented:
Control fugitive dust by regular watering, paving construction roads, or
other dust preventive measures;
tune;
Seed and water until vegetation cover is
grown;
down, sufficient enough to form a crust on the surface with repeated soakings,
as necessary, to maintain the crust and
prevent dust pick up by the win& - Street sweeping, should silt be carried
- Maintain equipment engines in proper
Spread soil binders; Wet the area
City of
Carlsbad
Planning
Department
During clearing, grading, earth moving
or excavation
associated with off-
site improvements.
PAGE6MARCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Responsible Monitoring Party
Required Time of
Application
Monitoring
Frequency
Shown on Plans/
Notes Completion Date
Status
en<ugh to prevent dust raised when leaving the site; . Wet down areas in the late morning and
after work is completed for the day; - Use of low sulfur fuel (0.5% by weight)
for construction equipment.
over to adjacent public thoroughfares; - Use water trucks or sprinkler systems to
keeD all areas where vehicles move dirt
5.4 Noise
Implementation of
the proposed project
has the potential to
expose land uses to unacceptable noise levels as a result of
roadway noise.
According to the
City's Noise
Guidelines Manual, if a residential project
is located within the
60 CNEL contour
from the McClellan- Palomar Airport, the
City will require the posting of Aircraft Noise Impact area
signs in all sales
N1. Development within the Master Plan area shall be designed so as to minimize
exposure to noise from external and internal
roadways. Specific recommendations for lot
layout, building location, and/or noise barrier
design, and location shall be made based on detailed, site specific acoustical evaluations
for each planning area development proposal
to attain the acceptable exterior and interior
noise level for residential and non-residential
uses established in the city of Carlsbad Noise
Guidelines.
N2. Prior to the recordation of any
residential tentative maps, the notices
shall be recorded that the hture homes
are subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport.
City of
Carlsbad
Planning Department
City of
Carlsbad Planning
Department
At the time site
development plans proposed.
Prior to the
recordation of any
residential tentative
maps.
Once, on
completion.
Once, on completion.
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE7hkRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measures
offices associated
with that
development and
require the recordation of a
Notice Concerning
Aircraft
Environmental
Impacts.
5.5 Geology/Soils
There is the possibility of damage
to proposed
structures due to
excessive settlement
resulting from compression of the
porous and/or loose
topsoil, from
swelling and
shrinkage of the
siltstone and claystone soils, and
from the
undocumentedtrash
dump located on the
site.
I
GS 1. All future grading and construction of
the project site shall comply with the geotechnical recommendations contained in
the Preliminary Geotechnical Investigation,
Bressi Ranch, Carlsbad, California
(Leighton and Associates, Jury 1997). This report contains specific recommendations for
mitigating geotechnical conditions related to
soils earthwork, slope stability, and ground
and surface waters. All recommendations
contained in the report shall be incorporated
into all final engineering and grading plans. The soil engineer and engineering geologist
shall review the grading plans prior to
finalization to verify the plan’s tompliance
with the recommendations of the report. If
required, a hrd party review of the geotechnical report and final grading plans
shall be conducted by the City of Carlsbad
Engineering Department prior to the issuance
of a grading permit. Compliance with this measure shall be verified by the City of
Responsible
Monitoring
Party
City of
Carlsbad
Planning and Engineering Departments
Required Time of
Notes Completion Date Frequency Application
Status Shown on Plans/ Monitoring
Prior to issuance of a
grading permit.
During
grading and construction.
Completion:
Date Initials
Name
PAGE8MRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
Due to their
?otentially :ompressible nature,
the landslide deposits
within the limits of
the planned grading
Ire considered unsuitable for
structural support in
their present
Zondition.
On the south-central
portion of the site, in
an area of planned
residential, a small
landside complex extends offsite.
Additionally, on the
east side of the site,
the potential for a
landslide has been
observed.
The site is likely to
be subject to at least
one moderate to major earthquake during the design life
of the structures.
During such an earthquake, the danger from fault
offset through the site
GS2. Remove (or some other form of
stabilization) the ancient landslides which
occur in areas of proposed development. Final recommendations for stabilization shall be approved prior to issuance of a grading
permit.
GS3. Prior to grading and construction of the site, an off-site investigation of potential landslide areas shall be conducted to confirm
the locations and extent of the potential
landslides. Recommendations contained in
the geotechnical investigation shall be implemented to eliminate the risk associated with the potential landslide area. Measures
may include remedial grading andor
structural setbacks. Compliance with this
measure shall be verified by the City of
Carlsbad.
GS4. All future development of the project site shall adhere to the Uniform Building
Code and State building requirements in
effect at the time specific development is
proposed. Compliance with this measure shall be verified by the City of Carlsbad.
City of
Carlsbad
Planning and
Engineering
Departments
City of
Carlsbad
Planning and Engineering
Departments
City of
Carlsbad Planning and
Engineering
Departments
Prior to issuance of a
grading permit.
Prior to grading and construction of the site.
During construction.
Once, on
completion.
Once, on completion.
Once, on
completion.
Completion:
Date Initials
Name
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE~MARCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Frequency Application Monitoring
Monitoring Required Time of Responsible Mitigation Measures
Party -
Ground water is present in the main drainages of the site.
The control of
groundwater in a
hillside development is essential to reduce the potential for
undesirable surface
flow, hydrostatic
pressure, and the adverse effects of ground water on
slope stability.
Geologic conditions
that need to be
addressed as part of
grading and
construction of off- site improvements
include
undocumented fill,
topsoil, moderate to highly compressible
and expansive
colluvium and alluvium, and one
small surficial
GS5. Prior to grading and construction an
additional geotechnical investigation shall be
conducted to identify possible future seepage
areas that could occur during grading. Field
recommendations for mitigation of future potential seepage, as well as for the provision
of drainage in areas known to be susceptible
to groundwater accumulation shall be
provided. Compliance with this measure shall be verified by the City of Carlsbad.
GS6. All grading and construction associated with implementation of the off-
site improvements shall comply with the
geotechcal recommendations contained in
the Geotechnical Feasibility Study, Ofl-site
Poinsettia Lane, Alicante Road and Borrow
Sites within the Greens of the Villages of La Costa, Bressi Ranch Development, Carlsbad,
California (Leighton and Associates,
January 5, 2001). This report contains specific recommendations for mitigating geotechnical conditions related to soils
earthwork, slope stability, and ground and
surface waters. All recommendations contained in the report shall be incorporated
into all final engineering and grading plans.
The soil engineer and engineering geologist
City of
Carlsbad
Planning and
Engineering
Departments
City of Carlsbad
Planning and
Engineering
Departments
Prior to issuance of a
grading permit.
Prior to issuance of a
grading permit.
Once, on
completion.
During
grading and
construction.
Shown on Plans/
Completion Date
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE~OMARCH 29,2002 EXHIBIT ER-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
shall review the grading plans prior to
finalization to verify the plans compliance
with the recommendations of the report. If
required, a third party review of the
geotechnical report and final grading plans
shall be conducted by the City of Carlsbad Engineering Department prior to the issuance
of a grading permit. Compliance with this
measure shall be verified by the City of
Carlsbad.
I 5.6 Biological Resources
will be impacted by
the proposed project.
B 1. Impacts to Diegan coastal sage scrub
shall be mitigated by a combination of on- site preservation consistent with the Draft
HMF', as well as on-site habitat restoration
and off-site habitat acquisition. The overall
mitigation ratio shall be 2:1, resulting in a
mitigation requirement of 61.8 acres (30.9 x
Preservation consistent with the guidelines of
the City of Carlsbad's Draft HMP, shall be
accomplished through the preservation of
approximately 35.7 acres (55 percent) of the Diegan coastal sage scrub on site. Preservation shall occur within the planned
open space on site and will include the
coastal sage scrub located in the southeastern corner of the project site which is identified as within Linkage D PPA. However, based
on discussions with the USFWS, only 32.3
acres of Diegan coastal sage scrub conserved
on-site can be used toward project mitigation. This results in a mitigation
shortfall of 29.5 acres (61.8 - 32.3).
2).
City of
Carlsbad Planning
Department
Prior to issuance of a grading permit. Once, on verification.
Completion:
Date Initials
Name
PAGE^ INARCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Responsible Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of
Pam
The balance of the coastal sage scrub mitigation required (29.5 acres), shall be
accomplished through on-site restoration and
off-site acquisition of habitat should the
HMP be finalized prior to the issuance of a
Section 7. Based on the Biological Opinion issued by the USFWS, mitigation acreage required for off-site acquisition is 24.5 acres.
On-site restoration of 5.0 acres shall use the
duff reapplication method. This method has proven successful in rehabilitating disturbed areas by using existing topsoil scheduled to be impacted by the project. Existing Diegan
coastal sage scrub and the first six inches of
topsoil from areas supporting DCSS proposed to be impacted will be collected. The areas proposed for restoration will be
disced prior to spreading of the collected
duff. The vegetation and topsoil will be
spread over the restoration areas to a depth
of approximately three inches. The areas will be weeded three times during each of the
two years following the duff application. A mitigation credit of 0.5: 1 for each acre
restored, pursuant to the Section 7
consultation will be allowed using this
method.
Any remaining mitigation needs for the project will be provided through off-site
acquisition of Diegan coastal sage scmb at a location acceptable to the City and the USFWS, or through payment of a habitat
acquisition fee, should the HMP be finalized prior to project implementation. The off-site
acquisition of Coastal sage scrub shall be in
PAGE 12/MARCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
Wetland habitats
impacted include cismontain alkali
marsh (0.02 acre), southern willow scrub (0.08 acre),
southern willow
scrub
the form of a similar type and biological
value of the Coastal sage scrub impacted by
the project.
This mitigation program would result in 32.3
acres of good quality DCSS conserved on-
site an additional 5.0 acres of habitat restored
on-site over the long-term, and an additional
24.5 acres of habitat acquired at a mutually
agreed off-site location. The mitigation program is identified as part of the
Biological Opinion already issued for the
project by the USFWS and would meet the applicant’s potential future obligations under
the HMP.
Mitigation for impacts to the coastal
California gnatcatcher would be mitigated through preservation of the coastal sage
scrub cited above (Bl). Additional mitigation is not required for the other
sensitive species impacted on site due to
their low sensitivity status andor limited
extent on site. Mitigation for cumulative
impacts to raptor hunting habitat will be met
in conjunction with habitat mitigation
discussed above.
B2. All impacted cismontane alkali marsh,
southern willow scrub disturbedcoastal and
valley freshwater marsh, mule fat scrub, tamarisk scrub, and streambed habitats shall
be mitigated at a 1 : 1 ratio and implemented
under a detailed creatiodrestoration plan prepared and implemented by the applicant
within on-site open space. The 1 : 1
City of
Carlsbad
Department Planning
Prior to issuance of a grading permit. Once, on verification.
Completion:
Date Initials
Name
PAGE1 3WRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
listurbedcoastal and
valley freshwater
marsh (0.29 acre),
mule fat scrub (0.07
acre), tamarisk scrub
[3.95 acres) and streambed (0.16
acre).
On-Site
lndirect Impacts
Indirect impacts expected to occur as
a result of
implementation of
the proposed project
include regional
connectivity and
several urban edge effects including habitat insularization,
edge effect, exotic
species invasion,
domestic pets, increased human intrusion, lighting
and noise impacts.
Increased human
(and pet) intrusion
into open space areas, fured lighting, -
mitigation ratio has been accepted as
appropriate based on the Biological Opinion issued by the U.S. Fish and Wildlife Service given that the restoration has been
implemented in advance of any impacts, and
because of the overall low quality of the
wetlands being impacted. Wetland restoration on-site has already been initiated, the location of which is depicted on Figure
5.6-5.
B3. All backyard lighting installed on homes
adjacent to open space shall be shielded to prevent light over spill. Shielding shall
consist of the installation of fiitures that
physically direct light away from the outer
edges of the property or landscaping, berms,
or other barriers at the edge of the lots that prevent light over spill.
City of
Carlsbad
Planning
Department and Building
Department
Prior to the issuance of occupancy permits. Once, on
completion.
Completion:
Date Initials
Name
PAGE 14MRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
:xotic species
nvasion would be :onsidered
;ignificant where
hey occur to any of
he preserved Diegan :oastal sage scrub
riparian habitats.
Off-Site
Improvements
Construction of the
off-site improvements will
B4. Fencing shall be required along the
common boundary between homes abutting the adjacent open space to control domestic
pet predation of native animal species and
access by residents into sensitive habitats.
City of
Carlsbad Planning
Department and
Building
Department
Prior to issuance of occupancy permits.
B5. Construction adjacent to wetland
habitats shall be done under the supervision
of a qualified biologist to ensure that
construction activities do not impact
sensitive areas.
City of
Carlsbad
Planning
Department
During construction.
B6. Drainage facilities shall be designed to City of Prior to approval of
avoid the dumping of untreated urban runoff. Carlsbad site development Planning and permit or final map.
Engineering Departments
The offsite improvement area occurs within
the Villages of La Costa Greens project. As
noted previously, the area that would be
impacted is part of the HCP/OSMP that was previously approved through the Section
1O(a) process of the FESA, and Section 208 1
PAGE1 5MRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
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Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
impact 0.48 acre of
riparian woodland,
1.85 acre of riparian scrub, 12.9 acres of Diegan coastal sage
scrub, 11.2 acres of
floodplain scrub,
12.9 acres of
southern maritime chaparral, 0.3 acre of
southern mixed
chaparral, 46.8 acres
of non-native grassland, 1.5 acres of eucalyptus
woodland, and 11.3
acres of disturbed
habitat. I Indirect Impacts
Indirect impacts
expected to occur as
a result of
implementation of
the off-site improvements are the
same as for the
of the SESA. Impacts resulting from the offsite improvement areas all occur within
the impact limits of the HCP/OSMP, and
therefore the only mitigation required will be
that which is required for the Villages of La
Costa portion of the HCP/OSMP. No
additional mitigation shall be required.
B3. All backyard lighting installed on homes
adjacent to open space shall be shielded to
prevent light over spill. Shielding shall consist of the installation of fixtures that physically direct light away fiom the outer edges of the property or landscaping, berms,
or other barriers at the edge of the lots that
prevent light over spill.
B4. Fencing shall be required along the
common boundary between homes abutting the adjacent open space to control domestic pet predation of native animal species and
access by residents into sensitive habitats.
City of
Carlsbad
Department and Building
Department
Planning
Prior to the issuance of occupancy periods.
City of Prior to issuance of
Carlsbad occupancy permits. Planning
Department and
Building Department
Once, on
completion.
Once, on
completion.
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE16rnRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
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Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
B5. Construction adjacent to wetland City of
habitats shall be done under the supervision Carlsbad
of a qualified biologist to ensure that Planning
construction activities do not impact Department
sensitive areas.
B6. Drainage facilities shall be designed to City of
avoid the dumping of untreated urban runoff. Carlsbad Planning and
Engineering
Departments
5.7 Cultural Resources
Archaeological
Resources
Archaeological site
SDI-14,592 will be
impacted by
implementation of the proposed project.
SDI-9,846 is not
impacted by the project as proposed.
If avoidance of site SDI-9,846 is not feasible under the
C1. A data recovery program shall be completed for archaeological site SDI-
14,592 in compliance with the City of
Carlsbad’s Cultural Resource Guidelines
Criteria and Methodology for Completing a
Data Recovery Program Phase I11
(December, 1990). Data recovery provides
for a sample of the site to be excavated, artifacts and ecofacts to be analyzed, special studies (i.e. radiocarbon dating, residue analysis, obsidian hydration and sourcing)
and a report of finding whch addresses the
important research questions.
C2. The Master Plan identifies the area
where SDI-9,846 is located as open space. Preservation of hs near-surface cultural
resource requires implementation of a
capping and easement mitigation plan to protect the site from artifact collecting.
City of Carlsbad
Planning
Department
City of
Carlsbad
Department
Planning
During construction. During construction.
Completion:
Date Initials
Name
Prior to approval of Once, on
roadway improvement verification.
plan.
Completion:
Date Initials
I I Name I
Completion:
Date Initials
Name
Completion:
Date Initials
Name
PAGE1 7hhRCH 29,2002 EXHIBIT EIR-C BREW RANCH MASTER PLAN MEIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
proposed development plan,
then a data recovery
program shall be
implemented for this
site as well; however, this area is currently
designated as open
space under the
Master Plan.
Capping includes placement of a semi-
permeable layer of polypropolene geofabric and a six-inch (6") layer of clean, low saline
sand and gravel fill across the site followed
by a minimum two feet (2') of non-
compacted fill soil. In addition, the site shall
be fenced and a conservation easement shall be recorded over the site to preclude vehicle
traffic, excavations in excess of two feet (2')
and planting of deep-root trees and shrubs.
If avoidance of site SDI-9,846 is not feasible,
then a data recovery program shall be implemented in compliance with the City of
Carlsbad's Cultural Resource Guidelines
Criteria and Methodology for Completing a Data Recovery Program Phase I11
(December, 1990). Data recovery provides
for a sample of the site to be excavated,
artifacts and ecofacts to be analyzed, special
studies (i.e. radiocarbon dating, residue
analysis, obsidian hydration and sourcing) and a report of finding which addresses the important research questions.
C3. A qualified archaeological monitor shall
be on-site during initial grading within CEQA important sites CA-SDI-9846 and CA-SDI-14,592 including a 100-foot buffer.
The goals of the archaeological monitor
shall be to collect isolated diagnostic artifacts, ensure the integrity of the preserved portion of archaeological site CA-SDI-9846
during initial grading, and identify and record intact archaeological features.
Completion:
Date Initials
Name
PAGE 18hkRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Pam
Monitoring Responsible Mitigation Measures
Grading within and adjacent to
archaeological sites CA-SDI-9846 and CA-
SDI-14,592 shall be incremental, i.e.,
approximately 6 inches at a pass, allowing
the archaeological monitor to examine surfaces prior to continuing. Monitoring in
these areas shall continue until such time as
culturally sterile subsoil is obtained.
In the event archaeological features are
discovered, the archaeological monitor shall
be empowered to suspend work in the
immediate area of the discovery until such
time as a data recovery plan can be developed and implemented. Work outside
the area of the find shall proceed along with
the continuation of archaeological
monitoring.
A final summary report shall be completed
and retained on file at the City that outlines
the results of the archaeological monitoring
program. This report shall include
discussions of methods used, a catalog of
archaeological features and artifacts recovered and the results of analysis.
The disposition of artifacts is to be
determined by the cultural agent of the applicant, Pala Band Mission Indians, and San Luis Rey Band Mission Indians to the
extent not inconsistent with federal permits
and/or not prohibited by City policy. I
I
Paleonto1op;ical A qualified paleontologist shall be present at 1 Resources the pre-construction meeting to consult with
I the grading and excavation contractors.
City of
Carlsbad
Planning
Required Time of
Application Monitoring Notes Completion Date Frequency
Status Shown on Plans/
Prior to the issuance
of a grading permit
and during grading permit I Date
Prior to the Completion:
issuance of a
Initials
PAGE^ P MARCH 29,2002 BRESSI RANCH MASTER PLAN EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measures
The proposed
grading activity has
the potential to
impact significant
paleontological resources.
C4. A paleontological monitor shall be on-
site as required during the initial cutting of
previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to
increase the per/day in field monitoring time.
Conversely, if fossils are not being found
then the monitoring should be reduced. A paleontological monitor is defined as an individual who has experience in the
collection and salvage of fossil materials.
The paleontological monitor shall work
under the direction of a qualified paleontologist.
When fossils are discovered, the
paleontologist (or paleontological monitor) shall recover them. In most cases, the fossil salvage can be completed in a short period of
time. However, some fossil specimens (such
as a complete large mammal skeleton) may
require an extended salvage period. In these
instances the paleontologist (or
paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to
allow recovery of fossil remains in a timely
manner. Because of the potential for the
recovery of small fossil remains, such as
isolated mammal teeth, it may be necessary in certain instances, to set up a screen-
washing operation on the site.
Fossil remains collected during the monitoring and salvage portion of the
mitigation program shall be cleaned, sorted and cataloged.
Responsible
Monitoring
Status Shown on Plans/ Monitoring Required Time of
Notes Completion Date Frequency Application Party -
Department construction. and during
construction. Name
PAGE20hhRCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONTTORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
-
Prepared fossils, along with copies of all
pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a
scientific institution with permanent
paleontological collections such as the San
Diego Natural History Museum or retained
by the City and displayed to the public at an appropriate location such as a library or City
Hall.
A final summary report shall be completed
and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the
methods used, stratigraphic section(s)
exposed, fossils collected, and significance
of recovered fossils.
5.9 Visual AestheticdGradinp
Project landform
alteration will result
in three slopes that
are greater than 40 feet in height and do
not qualify for
exemption or
modifkations to the
standard.
VAG1. The grading plan of the project shall
be redesigned to limit slopes to a height
allowed by the applicable design standard.
City of Carlsbad
Department
Planning
Prior to final grading Once, on Completion:
plan approval. I completion. I I
PAGE21hhRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MKIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
5.11 Water QualityM
A significant increase
in surface runoff
volumes is anticipated, because
the Master Plan and
off-site improvements will alter the existing
topography and will
introduce impervious
surfaces on a primarily vacant site.
Pollutant discharges
in surface water runoff associated
with the industrial and residential land
3rology
WQH 1. Subsequent to Master Plan approval, but prior to approval of specific
development plans within the Master Plan
area, a preliminary hydrology study shall be prepared which identifies the existing peak-
flow runoff quantities as well as those
anticipated with proposed development. The
study shall define design criteria, as
approved by the City Engineer, to be utilized in the design of subsequent on-site storm
drain systems.
Additionally, a detailed hydrology study shall be prepared concurrent with subsequent site developments plans (e.g., tentative tract
maps) within the Master Plan area. The
hydrology study shall address the drainage
characteristics of the proposed development
and develop an appropriate drainage control plan for the specific project site. The drainage control plan shall be implemented
in accordance with the recommendations of
the hydrology study and shall address on-site and off-site drainage requirements to ensure on-site runoff will not adversely affect off-
site areas.
WQH2. Regarding the industrial land use, the proposed project is required by the
RWQCB to comply with the areawide Municipal Stormwater Permit, Order No.
200 1-0 1. In addition, industrial land uses are
City of
Carlsbad Planning and
Engineering
Departments
~~
City of
Carlsbad Engineering
Department
Prior to approval of specific development
plans.
Pre-construction.
Once, on
completion.
I
During 1 Date I construction.
Initials
Name
Completion:
PAGE22MARCH 29,2002 EXHIBIT EIR-C BRESSI RANCH MASTER PLAN MITIGATION MONITORING AND REPORTING PROGRAM
Impact Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible Mitigation Measures
Party
uses on-site may
contribute to an
exceedance of
applicable surface receiving water
quality objectives or
degradation of
beneficial uses.
required to comply with Order No. 97-03-
DWQ, NPDES, General Permit No.
CAS0000001 Discharges of Stormwater Associated with Industrial Activities
Excluding Construction Activities. Further,
all requirements contained in the Industrial
Concept Water Quality Plan shall be implemented in accordance with the Plan and
verified by the City Engineer. The Best
Management Practices (BMP) Plan Options
address the use of treatment control methods
using flow based and volume based BMPs such as: 1) Grass Biofilters and Strips; 2)
Wetland PondRetention Basins; 3)
Continuous Deflective Separation (CDS) UnitdFossil Filters; or 4) A combination of
BMP options one through three.
Regarding the residential and mixed-use land
uses, the proposed project is required by the
RWQCB to comply with the areawide
Municipal Stormwater Permit, Order No.
2001-01. Further, this Mitigation Measure requires that all MunicipalPost-Construction
BMP Plan Options contained in the Concept
Water Quality Plan shall be implemented and
verified by the City Engineer. The plan
contains five BMP plan options. Option one would treat the storm flow with a single CDS
Unit near the downstream end of each major
storm drain system and specific pad locations that drain directly into adjacent canyon
watercourses. Option two would treat storm flow surrounding residential and mixed-use areas. Option three would treat the entire
PAGE23MRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Responsible
Monitoring
Party
~ ~~
Required Time of Notes Completion Date Frequency Application
Status Shown on Plans/ Monitoring
project storm flows with filters. Option four
would treat storm flow from the residential
and mixed-use areas with units, filters, grass- lined swales, and retention basins. Option five is similar to Option four (refer to
Appendix G, Concept Water Quality Plan).
I 5.12 Hazardous Materials and Hazards
The presence of
hazardous materials on-site will require
mitigation to ensure
proper disposal and
remediation if
necessary. The unpermitted landfill
that is located in the
northeast portion of
the project site was
rededicated in 1989. Portions of the
landfill remain and
its contents need to
be removed and
properly disposed of
prior to development of the project site.
There may be
asbestos present within construction
materials including
linoleum, linoleum mastic and the plaster
on the walls and
HMl . Prior to site grading, the stained soil
shall be properly disposed of in accordance
with federal, state and local requirements in order to eliminate this potential health hazard from the project site. Additionally, the
applicant shall ensure that the unpermitted
landfill is excavated and debris and organic
material located in the dump is properly disposed of in accordance with federal, state and local requirements. A hazardous
materials specialist shall verify that materials
have been properly disposed of prior to site
grading.
HM2. Prior to demolition of the ranch
house, an asbestos survey shall be conducted. An asbestos investigation shall be conducted and mitigation report prepared. The
mitigation report shall identify appropriate
clean-up and disposal requirements necessary to avoid releasing asbestos into the
City of
Carlsbad
Department Planning
City of
Carlsbad
Department Planning
~~ -
Prior to site grading.
Prior to demolition of the ranch house.
Once, on completion.
Once, on completion.
Completion:
Date Initials
Name
Zompletion:
Date Initials
Name
PAGE24rnRCH 29,2002 BRESSI RANCH MASTER PLAN
EXHIBIT EIR-C MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Impact Mitigation Measures Notes Completion Date Frequency Application Monitoring
Status Shown on Plans/ Monitoring Required Time of Responsible
Party
Responsible
Monitoring
Status Shown on Plans/ Monitoring Required Time of Notes Completion Date Frequency Application Party
ceilings of the ranch
house. Demolition of
the ranch house may
result in a significant
environmental impact
related to the release of asbestos.
The levels of
toxaphene were
above the preliminary
remediation goals in
soil samples taken
on-site.
___~ air and these requirements shall be followed.
HM3. Prior to site grading, the project
developer, City of Carlsbad and the County of San Diego shall be consulted regarding
development requirements on-site, and due
to the presence of pesticides (primarily
toxaphene) in the upper 12 inches of former cultivated areas, some areas may require
further assessment andor remediation prior
to grading. Soils shall be rededicated to a
level deemed acceptable for residential uses
according to federal, state, and local guidelines and standards.
City of
Carlsbad
Department
Planning
-
Prior to site grading. Once, on
completion.
Completion:
Date Initials
Name