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HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. ... ... ... ... ... ... ... PC RES0 NO. 5201 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 1 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of 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 Impact Notes Completion Date Frequency Application Monitoring 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 Impact Notes Completion Date Frequency Application Monitoring 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