HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52441
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PLANNING COMMISSION RESOLUTION NO. 5244
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL
NORTH SPECIFIC PLAN, RECOMMENDING ADOPTION OF
THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND A MITIGATION
MONITORING AND REPORTING PROGRAM ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
ROAD BETWEEN EL CAMINO REAL AND THE CITY’S
MENT ZONE 16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
IMPACT REPORT, EIR 98-08, FOR THE CARLSBAD OAKS
EASTERN BOUNDARY IN LOCAL FACILITIES MANAGE-
CASE NO.: EIR 98-08
WHEREAS, Techbilt Construction Corp., “Developer,” has filed a veiified
application with the City of Carlsbad regarding property owned by Carlsbad Oaks North
Partners, L.P., “Owner,” described as
That portion of Lot “B” of Rancho Agua Hedionda, in the
County of San Diego, State of California, according to
partition map thereof no. 823, filed in the Office of the County
Recorder of San Diego County, November 16,1896.
(“the Property”); and
WHEREAS, a Program Environmental Impact Report (EIR
prepared in conjunction with said project; and
98- -08) was
WHEREAS, the Planning Commission did on the 21st day of August, 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 Overrriding 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
That the foregoing recitations are true and correct.
That the Final Program Environmental Impact Report consists of the Final
Program Environmental Impact Report, EIR 98-08, dated August 21, 2002,
appendices, written comments and responses to comments, as amended to
include the comments and documents of those testifying at the public hearing and
responses thereto hereby found to be in good faith and reason by incorporating a
copy of the minutes of said public hearing into the report, all on file in the
Planning Department incorporated by this reference, and collectively
referred to as the “Report”.
That the Program Environmental Impact Report EIR 98-08, 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 98-08; RECOMMENDS ADOPTION of
the Candidate Findings of Fact (“CEQA Findings”), and the Statement of
Overriding Considerations (“Statement”), on file in the Planning
Department and incorporated by this reference; and of the Mitigation
Monitoring and Reporting Program (“Program”), attached hereto as Exhibit
“EIR-B” and incorporated by this reference; based on the following findings
and subject to the following conditions.
1. The Planning Commission of the City of Carlsbad does hereby find that the Final
Program EIR 98-08, 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 98-08, the environmental impacts therein identified for
this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting
Program (“Program”) attached hereto as Exhibit “EIR-B”, prior to
RECOMMENDING APPROVAL of this project.
3. The Planning Commission finds that Final Program EIR 98-08 reflects the
independent judgment of the City of Carlsbad Planning Commission.
PC RES0 NO. 5244 -2-
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4.
5.
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7.
The Planning Commission does accept as its own, incorporate as if set forth in full
herein, and make each and every one of the findings contained in the CEQA Findings
(Exhibit “EIR-B”), including feasibility of mitigation measures pursuant to Public
Resources Code 2108 1 and CEQA Guidelines 15091, and infeasibility of project
alternatives.
The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
the CEQA Findings and the Program.
Although certain significant or potentially significant environmental effects caused by the
project will remain, even after the adoption of all feasible mitigation measures and any
feasible alternatives, there are specific economic, social and other considerations that
render the unavoidable significant adverse environmental effects acceptable, as set forth
in the Statement.
The Record of Proceedings for this project consists of The Report, CEQA Findings,
Statement and Program; all reports, applications, memoranda, maps, letters and
other planning documents prepared by the planning consultant, the project
Applicant, the environmental consultant, and the City of Carlsbad that are before
the decision makers as determined by the City Clerk; all documents submitted by
members of the public and public agencies in connection with the EIR, minutes of
all public meetings and public hearings; and matters of common knowledge to the
City of Carlsbad which they may consider, including but not limited to, the
Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities
Management Plan which may be found at 1200 Carlsbad Village Drive in the custody
of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of
Planning.
Conditions:
1. The Developer and/or City, as appropriate, shall implement the mitigation measures
described in Exhibit “EIR-B”, the Mitigation Monitoring and Reporting Program,
for the mitigation measures and monitoring programs applicable to development of
the Carlsbad Oaks North Specific Plan, Faraday Avenue, El Fuerte Street and the
South Agua Hedionda Interceptor sewer.
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PC RES0 NO. 5244 -3-
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Commissi
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
.on of the City of Carlsbad, California, held on the 21st day of August 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. €&kZMELER
Planning Director
PC RES0 NO. 5244 -4-
EXHIBIT “EIR-B”
CITY OF CARLSBAD RESOLUTION
NO. 5244
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(Public Resources Code 0 21081 CEQA Guidelines 0 15091)
and
STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA Guidelines 8 15093)
for the
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR 98-08)
CARLSBAD OAKS NORTH SPECIFIC PLAN (2002) SP 211
(SCH No. 2000051057)
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 Carlsbad Oaks North Specific Plan, Faraday Avenue
Roadway Extension, El Fuerte Roadway Extension, and South Agua Hedionda Sewer Interceptor
(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 1.4
below, the Proposed Project generally consists of the Carlsbad Oaks North Specific Plan, which
would guide the development of a 414-acre industrial park (a maximum of approximately
1,921,000 square feet of light industrialhusiness park use would be developed and
approximately 220 acres (53%) of the Specific Plan is proposed for Open Space), completion of
the final link of the Faraday Avenue roadway between its existing terminus within the City of
Carlsbad at Orion Street and its existing terminus within the City of Vista, the extension of El
Fuerte Street from its existing terminus northward to form a AT@ intersection with Faraday
Avenue within the Carlsbad Oaks North Specific Plan area, and the extension of the South Agua
Hedionda Sewer Interceptor as identified in the City of Carlsbad Master Plan of Sewerage.
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.
CEQA Findings of Fact
And Statement of Overriding Considerations 1
81 1 102
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 $15091 above, where a final EIR identifies one or more significant environmental
effects, a project may not be approved until the public agency makes written findings supported
by substantial evidence in the administrative record as each of the significant effects. In turn, the
three possible findings specified in Guidelines §l5091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR.
In turn, Guidelines §15092(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
(B) Determined that any remaining significant effects on the environment
found to be unavoidable under Section 15091 are acceptable due to ovemding
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 $2 108 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
CEQA Findings of Fact 81 1 /02
And Statement of Overriding Considerations 2
21000 etseq. (hereafter “PRC $21000”). 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 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
$1 5 000”).
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.
CEQA Findings of Fact
And Statement of Overriding Considerations 3
8/1/02
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 U.S. 374; Ehrlich v. City
of Culver City, (1996) 12 Cal. 4th 854.).
(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 915042. 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 $15043. Authority to Approve Projects Despite Significant Effects.
A public agency may approve a project even though the project would cause a significant
effect on the environment if the agency makes a fully informed and publicly disclosed decision
that:
(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)
CEQA Findings of Fact
And Statement of Ovemding Considerations 4
8/1/02
Guidelines $15090. 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 planning commission may be appealed to the city council. Each local lead agency shall
provide for such appeals.
Guidelines §l509l. Findings.
The purpose of this resolution is to adopt the findings required by this CEQA Guideline
section and the underlying California Public Resource Code § 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
CEQA Findings of Fact 81 1 102
And Statement of Overriding Considerations 5
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 specifL the location and custodian of the documents or
other materials which constitute the record of the proceedings upon which its decision is based.
(9 A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
Guidelines 0 150364. Feasible.
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 objectives of the Project, but would avoid and
substantially lessen any significant effects of the Project. See Guideline 15 126.6(a).
Guidelines $15092. Approval.
(a) After considering the final EIR and in conjunction with making findings under
Section 15091, the lead agency may decide whether or how to approve or carry out the project.
(b) A public agency shall not decide to approve or cany 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 1509 1, 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 May 9, 2000. The NOP was distributed to all Responsible and Trustee
Agencies, as well as other agencies and members of the public. A number of written responses
CEQA Findings of Fact 81 1/02
And Statement of Overriding Considerations 6
were received, and the City held a public scoping meeting in order to increase opportunities for
public input. The scoping session took place on January 18, 2001 at the City’s Planning
Department Conference Center (1635 Faraday Avenue). At the scoping session, the public was
invited to comment on the scope and content of the EIR. Approximately 40 people signed in at
the scoping session and comments were received and considered in both verbal and written form.
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.
After consideration of the Initial Study, Scoping session comments and other comments
on response to the NOP the City identified that the Draft Program EIR should analyze the
potential for environmental impacts associated with the following thirteen substantive potential
impact areas in the Environmental Impact Analysis section:
S
S
S
S
S
S
S
S
S
S
S
S
S
Land Use and Planning
TransportatiodTraffic
Air Quality
Noise
Biological Resources
Geology/Soils
Hazards and Hazardous Materials
HydrologyNater Quality
Cultural Resources
Paleontological Resources
Aesthetics
Public Services and Utilities
PopulatiodHousing
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 6 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.
CEQA Findings of Fact
And Statement of Overriding Considerations 7
8/1/02
(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,
(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 $1 5 162 and Public Resource Code
921 166, 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 of the site and the activity to
determine whether the environmental effects of the operation were covered in the program EIR.
(5) A program EIR will be most helpful in dealing with subsequent activities if it deals
with the effects of the program as specifically and comprehensively as possible. With a good
and detailed analysis of the program, many subsequent activities could be found to be within the
scope of the project described in the program EIR, and no mher environmental documents
would be required.
(d) Use With Subsequent EIR’s and Negative Declarations. A program EIR can be used
to simplifL 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.
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 8
(2) Be incorporated by reference to deal with regional influences, secondary effects,
cumulative impacts, broad alternatives, and other factors that apply to the program as a whole.
(3) Focus an EIR on a subsequent project to permit discussion solely of new effects
which had not been considered before.
(e) Notice With Later Activities. When a law other than CEQA requires public notice
when the agency later proposes to carry out or approve an activity within the program and to rely
on the program EIR for CEQA compliance, the notice for the activity shall include a statement
that :
(1) This activity is within the scope of the program approved earlier, and
(2) The program EIR adequately describes the activity for the purposes of CEQA.
On April 12, 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
over 75 “Notice(s) of Completion of a Draft Environmental Impact Report for the Carlsbad
Oaks North Specific Plan Project” to all members of the public who had signed on the interested
party list at the scoping session or otherwise requested notification. The “Notice of Completion”
commenced an initial 45 day public review and comment period expiring on June 30,2002. 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 (1775 Dove Lane, Carlsbad, CA 92009) and
Carlsbad’s Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad, CA 92008).
Complete copies were also available for purchase, with or without the Appendices, through the
Planning Department. The City established the cost of purchased copies at less than the actual
reproduction cost.
Following expiration of the public review and comment period to the Draft Program EIR,
every written comment letter was reviewed and written responses were prepared. The written
public comments and the written responses thereto are contained in the Final Program EIR.
On August 21, 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. 5244, the Planning
Commission certified the Final Program EIR as complete. Resolution No. 5244 is incorporated
herein by reference as though fully set forth.
1.4 Description of Proposed Project. The proposed project consists of four main components:
X Carlsbad Oaks North Specific Plan. The Carlsbad Oaks North Specific Plan would
guide the development of a 414-acre industrial park. The Specific Plan proposes 23
industrial lots, 3 open space lots, and 1 lot for employee picnic area. Under proposed
regulations, a maximum of approximately 1,921,000 square feet of light
CEQA Findings of Fact
And Statement of Overriding Considerations 9
8/1/02
industrialhusiness park use would be developed. Approximately 220 acres (53%) of the
Specific Plan is proposed for Open Space.
X
X
X
Faraday Avenue Roadway Extension. Faraday Avenue is a City of Carlsbad General Plan Circulation Element Roadway classified as a secondary arterial. The proposed
project would complete the final link of the roadway between its existing terminus within
the City of Carlsbad at Orion Street and its existing terminus within the City of Vista.
The proposed extension is approximately 1.3 linear miles.
El Fuerte Street Extension. El Fuerte is a City of Carlsbad General Plan Circulation
Element Roadway classified as a secondary arterial. The proposed project would extend
the roadway from its existing terminus northward to form a AT@ intersection with
Faraday Avenue within the Carlsbad Oaks North Specific Plan area. This proposed
extension is approximately 2,800 linear feet.
South Agua Hedionda Sewer Interceptor. The South Agua Hedionda Sewer
Interceptor is identified in the City of Carlsbad Master Plan of Sewerage. The project
proposes the construction of Reaches SAHTl A through D of the sewer. The gravity
flow sewer would extend 3.4 miles, with a trunk diameter of 15 and 18 inches. Also, as
part of the project, the City of Vista=s existing Buena Sanitation District sewer line that
currently traverses the project area could be abandoned in place, and relocated to within
the proposed extension of Faraday Avenue.
The following discretionary actions must be taken by the City in order to approve the proposed
project:
General Plan Amendment (GPA97-05). This amendment would amend the City of
Carlsbad General Plan Land Use Map to reflect the increased areas of open space and
reduced acres of planned industrial categories proposed in the Specific Plan area.
Zone Change (ZC97-US). As proposed, a change is being requested to the zoning
designation from a planned community (PC) designation to planned industrial (P-M) and
open space (OS) to ensure consistency with the General Plan.
Specific Plan No. 211. The applicant for the Carlsbad Oaks North property is requesting
adoption of a Specific Plan to provide for orderly development of a 414- acre industrial
park and open space uses consistent with City requirements.
Zone 16 Local Facilities Management Plan Amendment. Pursuant to the City of
Carlsbad=s Growth Management Plan, the City is divided into 25 distinct zones for
facilities planning purposes. The Specific Plan property is located entirely within Zone
16, and an amendment to the existing Local Facilities Management Plan (LFMP) is
required. The Zone 16 LFMP plan would be revised to reflect the modifications in land
use and changes in buildout projections and facilities demands.
Tentative Map (CT97-13). The applicant for Carlsbad Oaks North property is proposing one tentative map to subdivide and grade 23 industrial lots and 3 open space lots over the entire property. This map will implement the Specific Plan.
Hillside Development Permit (HDP97-IO). The proposed grading must be conducted in
conformance with the City of Carlsbad Hillside Development Ordinance.
CEQA Findings of Fact
And Statement of Overriding Considerations 10
8/1/02
7. Special Use Permit (SUP97-07). A Flood Plain Special Use Permit is required for
development of the Faraday Avenue crossing over the Aqua Hedionda Creek.
8. Planned Industrial Permit (PIP 02-02). A Planned Industrial Permit is required for the
industrial subdivision.
1.5 Environmental Setting. The project area is located in the eastern portion of the
City of Carlsbad in northern San Diego County. The City of Carlsbad is located approximately
30 miles north of downtown San Diego. The project area is bounded by the Dawson-Los Monos
Canyon Reserve to the north; a single-family residential neighborhood and future commercial
area located in the City of Vista to the east; the Carlsbad Airport Business Center to the south;
and vacant land owned by the County of San Diego, the Coast Waste Trash Transfer Station, and
the Carlsbad Safety Center to the west. The Dawson-Los Monos Reserve is part of the
University of California Natural Land and Water Resources system and is used by the University
for scientific and educational purposes. The reserve is considered a core habitat area as part of
the proposed North County Multiple Habitat Conservation Plan. The reserve comprises 218 acres and contains a perennial coastal stream, southern riparian woodland, coast live oak
woodland, inland sage scrub, mixed and chamis chaparral, and mixed grasslands.
Regional access to the project area is provided by Interstate 5, located approximately four
miles west of the project area. Local access to the project area is provided via El Camino Real and Faraday Avenue, located approximately 1/4 mile west of the project site, Palomar Airport
Road and El Fuerte, located south of the site, and Melrose and Business Park Drive, located to
the east of the project site in the City of Vista.
In general, the project area is characterized by three different topographic areas: the
north-facing hillside slopes that extend down from the southern project area, the rocky hills that
cover the central and northern portions of the project area, and the intervening east-west canyon
drainage. The central and northern portions of the area are characterized by gradually steepening
granite hillsides, which include numerous tributary drainages and rock outcrops.
The project area is generally in its natural condition, although southern portions of the
area had been farmed in the past, and lands in the northwestern portion are currently utilized for
agriculture. Most of the northern portion of the project area is represented by a pair of large
hills. The La Mirada Creek is a broad riparian drainage with mature oak trees that traverses the
southern half of the site in a roughly east-west direction. A broad swath of riparian habitat
associated with Agua Hedionda Creek runs across the northwestern portion of the project area.
Many sensitive plant habitats including southern maritime chaparral/nuttall=s scrub oak,
southern coast live oak riparian forest, and coastal sage scrub are located in the creeks that
traverse the project area. These vegetation communities provide nesting and foraging habitat for
various sensitive and non-sensitive wildlife species. The highest valued habitats within the
project area include the oak riparian forest and southern willow scrub, which form a portion of a
larger regional habitat linkage corridor extending off-site to the west and east of the project area.
The project area=s proximity to the Dawson-Los Monos Canyon Reserve also raises its habitat
value and connectivity to off-site resources.
The Specific Plan area is identified in the City=s Habitat Management Plan (HMP) as a
proposed AHardline Area.@ The final approval of the HMP is pending, and the specific timing
of formal implementation of the HMP is unknown. Should the HMP be implemented, the
Specific Plan must be designed, permitted and developed in accordance with specific standards
CEQA Findings of Fact
And Statement of Overriding Considerations 11
8/1/02
identified in the HMP, including habitat preservation, corridor widths, and mitigation
requirements.
The project area is located east of the McClellan-Palomar Airport. The airport is a
general aviation facility located approximately 1/3 mile west of the Specific Plan portion of the
project. Pursuant to state law, a Comprehensive Land Use Plan (CLUP) was prepared by
SANDAG for the airport which identifies areas likely to be impacted by noise and flight activity
operations at the airport and establishes an Airport Influence Area boundary. Portions of the
project area are located within the airport=s flight activity zone and runway protection zone;
however, no industrial lots are located within the flight activity 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.
1.6 Mitigation Monitoring Program. Pursuant to PRC $21081.6, the City has also
adopted a detailed mitigation and monitoring program prepared by the EIR consultant under the
direction of the City. The program is designed to assure that all mitigation measures as hereafter
required are in fact implemented on a timely basis as the Proposed Project progresses through its
development and construction phases. Compliance with the “Carlsbad Oaks North Specific 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:
-The Draft and Final Program EIR for the Proposed Project, together with all
appendices and technical reports referred to therein, whether separately bound or
not;
-All reports, letters, applications, memoranda, maps or other planning and
engineering documents prepared by the City, planning consultant, environmental
consultant, project applicant or others presented to or before the decision-makers
as determined by the City Clerk;
-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 transcriptshideotapes 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.
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 12
The custodian of the full administrative record shall be the City Clerk’s Office, 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 Land Use and Planning
2.1.1 Land Use Compatibility
Impact. The Specific Plan proposes industrial uses that have the potential to use,
store and handle hazardous materials.
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. The following conditions shall be incorporated into
the proposed Specific Plan and shall be required of fbture development:
a. No project facilities located within 1,000 feet of any residential unit shall store,
handle, or use toxic or highly toxic gases as defined in the most currently adopted
fire code at quantities that exceed exempt amount as defined in the most currently
adopted fire code.
b. Facilities that store, handle, or use regulated substances as defined in the
California Health and Safety Code 25532(g) in excess of threshold quantities shall
prepare risk management plans for determination of risks to the community.
c. Facilities that store, handle, or use any quantity of a toxic or highly toxic gas as
defined in the most currently adopted fire code, which are also regulated
substances as defined in the California Health and Safety Code 25532(g) shall
prepare an offsite consequence analysis (OCA). The analysis shall be perfonned
in accordance with Title 19 of the California Code of Regulation 2750.2 through
2750.3. If the OCA shows the release could impact the residential community,
the facility will not store, handle, or use the material in those quantities. If a
decrease in the quantity of material reduces the distance to toxic endpoint to
where the community is not impacted, the facility shall be able to utilize the
material in that quantity.
Factual Support and Rationale. If the Offsite Consequence Analysis shows
the release could impact the residential community, the facility will not store, handle, or use the
material in those quantities. If a decrease in the quantity of material reduces the distance to toxic
endpoint to where the community is not impacted, the facility shall be able to utilize the material
in that quantity. Computer models may be utilized as a tool to determine the distance a
hazardous material can travel if released to the atmosphere. Parameters such as temperature,
CEQA Findings of Fact
And Statement of Overriding Considerations 13
8/1/02
wind speed, atmospheric stability, and quantity released, material properties, and type of release
(e.g., pressurized gases) is considered by these models. Models can be overlayed onto maps,
which will show the distance to toxic endpoint in the event of a release. These models can be
performed under Aworst case@ meteorological conditions and chemical release. Under this
situation, the maximum harm potential is determined fiom the most sophisticated method
available to ensure community safety.
2.1.2 Offsite Land Use Compatibility
Impact. As proposed, the Specific Plan will provide a minimum 75 to 150-foot
building setback and 6O-foot minimum landscape buffer along the project eastern boundary.
Uses that may occur on these lots have the potential to significantly impact the existing adjacent
residential uses in terms of lighting, noise, air quality, and hazardous materials.
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 LU1. A minimum 75 to 150-foot building setback (including
ancillary structures, loading zones, trash enclosures, refuse collection areas) shall be
required between Lots #8, #13, and #17 of the Specific Plan and the eastern boundary.
This setback shall include the proposed 6O-foot minimum landscape buffer and construction of a block wall at the top of the slope or berm as identified in the Specific Plan.
Mitigation Measure LU2. Each Planned Industrial Permit or a Conditional Use Permit
for any future facility proposed on Lots #8, #13, and #17 shall be reviewed for strict
compliance with the performance standards established in the Carlsbad Oaks North
Specific Plan (Section I11 Development Standards and Design Guidelines, subsections 0,
P, Q, and R). Measures to achieve these performance standards and thereby avoid
potential conflicts between the Planned Industrial development and the existing
residential development (with respect to such issues as noise, lighting, air quality, and
safety) shall be implemented as necessary. Specific measures would be determined and
implemented as part of the discretionary review of a Planned Industrial Permit or a
Conditional Use Permit and could include, but not be limited to, restriction- of certain
ty-pes of uses and hours of operations, building and loading bay placement, enhanced
landscaping, and directional lighting.
Factual Support and Rationale. Substantial setbacks, buffering treatments, and performance
standards are required to be implemented, which will mitigate the potential significant land use
compatibility impact between the proposed uses and the existing residential development to the
east of the Specific Plan.
2.2 TransportationKirculation
2.2.1 Year 2005 Traffic Operations
Impact. With the existing roadway geometry, the addition of the interim project does have a direct significant impact (4.9 second increase in delay) upon the already unacceptable
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 14
(AM) operations at intersection #36 - SR 78 EB Ramps/Sycamore intersection (greater than a 2.0
second increase).
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-31 of the EIR depicts an example of feasible mitigation that if implemented, would reduce the project impact to
a level less than significant. There are other forms of mitigation that could also be implemented
to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is a specific improvement program in place to fund, design, and
construct the identified improvements to intersection #36 (Figure 5.2-31 of the EIR). With these
improvements in place in the existing -t interim project condition, the proposed project will not
result in a significant impact to this intersection.
Impact. Intersection #15 MeZrose/Sunset. The proposed project will result in an increase
in delay of 7.7 seconds in the AM peak hour, decreasing the LOS at this intersection in 2005 from
D to E. This is considered a significant impact.
Finding. (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;
Mitigation Measure. The intersection improvement shown on Figure 5.2-3D of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impact to
a level less than significant (LOS D as shown in Table 5.2-5A Year 2005 Volumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is currently no specific improvement program in place to fund,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #15 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #15
Melrose/Sunset is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
CEQA Findings of Fact
And Statement of Overriding Considerations 15
8/1/02
Impact. Intersection #18 MeZrose/Sycamore. In the Year 2005 without the project,
intersection #18 will operate at LOS F in the AM peak hour. The proposed project will result in
an increase in delay of 36.8 seconds in the AM peak hour and 15.0 seconds in the PM peak hour,
decreasing the PM LOS at this intersection in 2005 from D to E. These are considered significant
impacts.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3E of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impacts
to a level less than significant (LOS D in AM and C in PM peak hour as shown in Table 5.2-5A
Year 2005 VoZumes with Improvements column of the EIR). There are other forms of mitigation
that could also be implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is currently no specific improvement program in place to fund,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #18 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #18
Melrose/Sycamore is identified, the addition of Faraday Avenue from Melrose Drive to Orion
Street and Melrose Drive from Palomar Airport Road to the City of Vista, which will be
constructed in conjunction with the proposed project, will allow regional traffic alternative routes
of travel and will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #19 MeZrose/Park Center. In the Year 2005 without the project,
intersection #19 will operate at LOS D in the AM and PM peak hour. The proposed project will
result in an increase in delay of 29.8 seconds in the PM peak hour, decreasing the PM LOS at this
intersection in 2005 from D to E. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3E of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impact to
a level less than significant (LOS D as shown in Table 5.2-5A Year 2005 VoZumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 16
Vista has indicated that there is currently no specific improvement program in place to fund,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #19 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #19 MelrosePark
Center is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street and
Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional trafic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #20 MeZrose/PAR. In the Year 2005 without the project,
intersection #20 will operate at LOS F in the AM peak hour and D in the PM peak hour. The
proposed project will result in an increase in delay of 9.6 seconds in the AM peak hour. 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 T1. Implementation of the intersection improvements for
intersection #20 as shown on Figure 5.2-3E of the EIR would reduce the project impact at this
intersection. Mitigation Measure T1 requires the project applicant to provide for the design and
construction of the recommended improvements for intersection #20 as illustrated in Figure 5.2-
3E of the EIR.
T1. Prior to approval of Final Map or Grading Permit, whichever occurs first,
for any portion of the development that would generate traffic, the applicant shall
provide for the design and construction of the improvement of intersection #20
MelrosePalomar Airport Road as illustrated on Figure 5.2-3E of the EIR. Proof
of design, bonds, and construction schedule shall be submitted to the City of
Carlsbad before issuance of any building permit.
Factual Support and Rationale. Even with implementation of this mitigation measure,
and improvement of the intersection per the City of Carlsbad TIF, this intersection will continue
to operate at an unacceptable level of service without the extension of Faraday. However, the
proposed project will not be allowed to develop without the completion of the extension of
Faraday Avenue. As shown in Table 5.2-7 of the EIR and as described in the AFVith Faraday
Connection@ subsection below, implementation of the proposed project with the extension of
Faraday completed and with the implementation of the improvements identified in Figure 5.2-3G
of the EIR (Mitigation Measure T1) will not result in a significant impact to this intersection in
the Year 2005 + Interim Project condition once the Faraday extension is complete.
Impact. Intersection #47 PAWH Fuerte. In the Year 2005 without the project,
intersection #47 will operate at LOS E in the AM peak hour and F in the PM peak hour. Without
the Faraday extension complete, the proposed project will result in an increase in delay of 102.1
seconds in the AM peak hour and an increase of 114.7 in the PM peak hour. This is considered a
significant impact.
CEQA Findings of Fact
And Statement of Ovemding Considerations 17
8/1/02
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 T2. Implementation of the intersection improvement shown on
Figure 5.2-3L of the EIR would reduce the project impact at this intersection to a level less than
significant (LOS D as shown in Table 5.2-5A of the EIR) in the AM and PM peak hour.
Mitigation Measure T2 requires the project applicant to provide for the design and construction
of the recommended improvements for intersection #47 as illustrated in Figure 5.2-3L of the
EIR.
T2. Prior to approval of Final Map, Grading Permit, or Building Permit,
whichever occurs first, for any portion of the development that would generate
traffic, the applicant shall provide for the design and construction of the
improvement of intersection #47 Palomar Airport Roam1 Fuerte as illustrated on
Figure 5.2-3L of this EIR. Proof of design, bonds, and construction schedule
shall be submitted to the City of Carlsbad before issuance of any building permit.
Factual Support and Rationale. Mitigation Measure T2 requires the project applicant
to provide for the design and construction of the recommended improvements for intersection
#47 as illustrated in Figure 5.2-3L of the EIR. As discussed herein below and fkther 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 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. The 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 northeast
quadrant of the City and represents the bulk of the land left for industrial 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
CEQA Findings of Fact
And Statement of Overriding Considerations 18
8/1/02
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 future 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 funds to be used for area or citywide
facilities. Those programs include the City CFD No. 1 Communities Facilities District, which
includes all the Proposed Project. As new development occurs, it is required to pay special taxes
to the City who then uses the taxes, or leverages fbture 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 fbnding. The Traffic Impact Fee programs are coordinated with
CFD No. 1 where applicable. For streets that largely serve only a particular development, the
developer is required to construct and finance them outside the citywide fee programs. Finally,
in certain circumstances special funding programs may be established, or combinations of
funding sources utilized.
Impact. Intersection #19 MeZrose/Park Center. Intersection #19 would experience LOS
F operations in the AM and PM peak hour with implementation of the proposed project with the
Faraday connection. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3E of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impact to
a level less than significant (LOS D as shown in Table 5.2-6 Year 2005 Volumes -With
Improvements With Faraday Avenue Connection column of the EIR). There are other forms of
mitigation that could also be implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is currently no specific improvement program in place to fund,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #19 will remain significant and
unavoidable.
CEQA Findings of Fact
And Statement of Overriding Considerations 19
81 1 102
However, while a significant and unavoidable localized impact to intersection #19 MelrosePark
Center is identified, the addition of Faraday from Melrose Drive to Orion Street and Melrose
Drive from Palomar Airport Road to the City of Vista, which will be constructed in conjunction
with the proposed project, will allow regional traffic alternative routes of travel and will help to
offset the incremental impacts to the identified intersection.
2.2.2 Year 2010 Traffic Operations
Impact, Intersection #15 Melrose/Sunset. In the Year 2010 condition, intersection #15
will operate at LOS E in the AM peak hour with or without the project. The proposed project will
result in an increase in delay of 3.8 seconds in the AM peak hour. This is considered a significant
impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3D of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impact to
a level less than significant (LOS D as shown in Table 5.2-8 Year 2010 Volumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing specific
intersection improvements, dedication of right-of-way, and intersection configuration is outside
the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is currently no specific improvement program in place to fund,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #15 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #15
Melrose/Sunset is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #18 Sycamore/Melrose. In the Year 2010 condition, intersection
#18 will operate at LOS F in the AM peak hour with or without the project. The proposed project
will result in an increase in delay of 63.5 seconds in the AM peak hour. This is considered a
significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3D of the EIR
depicts an example of feasible mitigation that if implemented, would reduce the project impact to
CEQA Findings of Fact 81 1 102
And Statement of Overriding Considerations 20
a level less than significant (LOS D as shown in Table 5.2-8 Year 2010 Volumes with
Improvements column of the EIR).
There are other forms of mitigation that could also be implemented to achieve an acceptable
level of service. The ultimate responsibility of implementing specific intersection
improvements, dedication of right-of-way, and intersection configuration is outside the
jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The City of
Vista has indicated that there is currently no specific improvement program in place to find,
design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #18 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #18
Melrose/Sunset is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive fiom Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection, #19 MeZrose/Park Center. In the Year 2010, intersection #19
would experience an acceptable LOS D operations in the AM and PM peak hour without the
proposed project. The proposed project would result in an increase in delay of 73.6 seconds in
the AM peak hour and 42.3 seconds in the PM peak hour, lowering the LOS to F during both peak
periods. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3E of the
EIR depicts an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS D as shown in Table 5.2-8 Year 2010 VoZumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The
City of Vista has indicated that there is currently no specific improvement program in place to
fund, design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #19 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #19 MelroseRark
Center is identified, the addition of Faraday Avenue fiom Melrose Drive to Orion Street and
Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
CEQA Findings of Fact
And Statement of Overriding Considerations 21
8/1/02
Impact. Intersection #22 Melrose/Rancho Santa Fe. In the Year 2010 with or
without the project, with the existing lane geometry, intersection #22 will operate at LOS F in the
AM peak and PM peak hour. The proposed project will result in an increase in delay of 8.9
seconds in the AM peak hour and an increase of 1.5 seconds in the PM peak hour. The increase in
delay in the AM peak hour is considered a significant impact because it is greater than 2.0
seconds.
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 the intersection improvement shown on
Figure 5.2-3F of the EIR would reduce the project impact at this intersection to a level less than
significant in the AM and PM peak hour ((LOS C as shown in Table 5.2-8 Year 2010 Volumes
with Improvements column of the EIR). Mitigation Measure T3 requires the project applicant to
pay a fair share contribution to the City of Carlsbad to perform the recommended improvements
for intersection #22 as illustrated in Figure 5.2-3F of the EIR.
T3. Prior to approval of Final Map, Grading Permit, or Building Permit,
whichever occurs first, for any portion of the development that would generate
traffic, the applicant shall pay a Afair share@ contribution as determined by the
City of Carlsbad for the improvement of intersection #22 Melrose/Rancho Santa
Fe as illustrated on Figure 5.2-3F of this EIR. Proof of payment of this fair share
contribution shall be submitted to the City of Carlsbad prior to issuance of any
building permit.
Factual Support and Rationale. Mitigation Measure T3 requires the project
applicant to pay a fair share contribution to the City of Carlsbad to perform the recommended
improvements for intersection #22 as illustrated in Figure 5.2-3F of the EIR. These
improvements will allow the intersection to operate at an acceptable level of service.
Impact. Intersection #47 PANEZ Fuerte. In the Year 2010 without the project,
intersection #47 will operate at LOS D in the AM peak hour and C in the PM peak hour. The
addition of project traffic will result in an increase in delay of 26.5 seconds in the AM peak hour
and an increase of 32.6 seconds in the PM peak hour, increasing the delay to an unacceptable
LOS in both peak hours. 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 T2. Implementation of the intersection improvements shown
on Figure 5.2-3L of the EIR would reduce the project impact at this intersection to a level less
than significant in the AM and PM peak hour (LOS C as shown in Table 5.2-8 Year 2010 Volumes
with Improvements column of the EIR). Mitigation Measure T2 requires the project applicant to
provide for the design and construction of the recommended improvements for intersection #47
as illustrated in Figure 5.2-3L of the EIR.
Factual Support and Rationale. Mitigation Measure T2 requires the project
applicant to provide for the design and construction of the recommended improvements for
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 22
intersection #47 as illustrated in Figure 5.2-33; of the EIR. These improvements will allow the
intersection to operate at an acceptable level of service.
2.2.3 Year 2020 Traffic Operations
Impact. Intersection #I SR 78 WB Ramps/ECR. In the Year 2020 with or without
the project, intersection #1 will operate at LOS C in the AM peak hour and F in the PM peak hour.
The addition of project traffic will result in an increase in delay of 3.1 seconds in the PM peak
hour. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3A of the
EIR depicts an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS C as shown in Table 5.2-5A Year 2005 Volumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Oceanside.
The City of Oceanside has indicated that there is currently no specific improvement program in
place to fund, design and construct improvements to this intersection. Therefore, while
mitigation is potentially feasible at this location, because there is no specific program in place to
ensure the improvement of the intersection by the Year 2005, the impact to intersection #1 will
remain significant and unavoidable.
However, while a significant and unavoidable localized impact to intersection #1 SR 78 WB
RampsECR is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #I5 Melrose/Sunset. In the Year 2020 condition, intersection
#15 will operate at LOS D in the AM and PM peak hour without the project. The proposed project
will result in an increase in delay of 6.8 seconds in the AM peak hour, worsening the LOS to E.
This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3D of the
EIR depicts an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS D) as shown in Table 5.2-10 Year 2020 Volumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
CEQA Findings of Fact
And Statement of Overriding Considerations 23 -
81 1 102
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The
City of Vista has indicated that there is currently no specific improvement program in place to
fund, design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #15 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #15
Melrose/Sunset is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #18 Sycamore/Melrose. In the Year 2020 condition,
intersection #18 will operate at LOS F in the AM peak hour and LOS D in the PM peak hour
without the project. The proposed project will result in an increase in delay of 86.9 seconds in
the AM peak hour and 23.1 seconds in the PM peak hour, worsening the LOS in the PM peak hour
to an unacceptable LOS E. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvements shown on Figure 5.2-3D of the
EIR depicts an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS D in AM and LOS C in PM as shown in Table 5.2-10
Year 2020 Volumes with Improvements column of the EIR). There are other forms of mitigation
that could also be implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The
City of Vista has indicated that there is currently no specific improvement program in place to
fund, design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #18 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #18
Melrose/Sunset is identified, the addition of Faraday from Melrose Drive to Orion Street and
Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
Impact. Intersection #19 Melrose/Park Center. In the Year 2020, intersection #19
would experience an acceptable LOS D operations in the AM and PM peak hour without the
CEQA Findings of Fact
And Statement of Overriding Considerations 24 8/1/02
proposed project. The proposed project would result in an increase in delay of 57.4 seconds in
the AM peak hour and 64.6 seconds in the PM peak hour, lowering the LOS to F during both peak
periods. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvement shown on Figure 5.2-3E of
the EIR depicts an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS D as shown in Table 5.2-10 Year 2020 Volumes with
Improvements column of the EIR). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of Vista. The
City of Vista has indicated that there is currently no specific improvement program in place to
fund, design and construct improvements to this intersection. Therefore, while mitigation is
potentially feasible at this location, because there is no specific program in place to ensure the
improvement of the intersection, the impact to intersection #19 will remain significant and
unavoidable.
However, while a significant and unavoidable localized impact to intersection #19 Melrosemark
Center is identified, the addition of Faraday from Melrose Drive to Orion Street and Melrose
Drive from Palomar Airport Road to the City of Vista, which will be constructed in conjunction
with the proposed project, will allow regional traffic alternative routes of travel and will help to
offset the incremental impacts to the identified intersection.
Impact. Intersection #21 AZga/MeZrose. In the Year 2020 with or without the
project, intersection #21 will operate at LOS C in the AM peak and LOS E in the PM peak hour.
The proposed project will result in an increase in delay of 3.8 seconds in the PM peak hour. The
increase in delay in the PM peak hour is considered a significant impact because it is greater than
2.0 seconds.
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 T4. Implementation of the intersection improvement
shown on Figure 5.2-3F of the EIR would reduce the project impact at this intersection to a level
less than significant in the PM peak hour (LOS C as shown in Table 5.2-10 Year 2020 VoZumes
with Improvements column). Mitigation Measure T4 requires the project applicant to pay a fair
share contribution to the City of Carlsbad to perform the recommended improvements for
intersection #21 as illustrated in Figure 5.2-3F of the EIR.
T4. Prior to approval of Final Map, Grading Permit, or Building Permit,
whichever occurs first, for any portion of the development that would generate
traffic, the applicant shall pay a Afair share@ contribution as determined by the
CEQA Findings of Fact 8/ 1 /02
And Statement of Overriding Considerations 25
City of Carlsbad for the improvement of intersection #21 Melrose/Alga as
illustrated on Figure 5.2-3F of this EIR. Proof of payment of this fair share
contribution shall be submitted to the City of Carlsbad prior to issuance of any
building permit.
Factual Support and Rationale. Mitigation Measure T4 requires the project
applicant to pay a fair share contribution to the City of Carlsbad to perform the recommended
improvements for intersection #21 as illustrated in Figure 5.2-3F of the EIR. Implementation of
these improvements will allow the intersection to operate at an acceptable level of service.
Impact. Intersection #22 Melrose/Rancho Santa Fe. In the Year 2020 without
the project, intersection #22 will operate at LOS D in the AM peak and PM peak hour. The
proposed project will result in an increase in delay of 3.5 seconds in the PM peak hour. The
increase in delay in the PM peak hour is considered a significant impact because it is greater than
2.0 seconds.
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 T3. Implementation of the intersection improvement
shown on Figure 5.2-3F of the EIR would reduce the project impact at this intersection to a level
less than significant in the AM and PM peak hour (LOS D as shown in Table 5.2-10 Year 2020
Volumes with Improvements column of the EIR). Mitigation Measure T3 requires the project
applicant to pay a fair share contribution to the City of Carlsbad to perfom the recommended
improvements for intersection #22 as illustrated in Figure 5.2-3F of the EIR.
T3. Prior to approval of Final Map, Grading Permit, or Building Permit,
whichever occurs first, for any portion of the development that would generate
traffic, the applicant shall pay a Afair share@ contribution as determined by the
City of Carlsbad for the improvement of intersection #22 MelroseRancho Santa
Fe as illustrated on Figure 5.2-3F of this EIR. Proof of payment of this fair share
contribution shall be submitted to the City of Carlsbad prior to issuance of any
building permit.
Factual Support and Rationale. Mitigation Measure T3 requires the project
applicant to pay a fair share contribution to the City of Carlsbad to perform the recommended
improvements for intersection #22 as illustrated in Figure 5.2-3F of the EIR. Implementation of
these improvements will reduce the impact to this intersection to a level less than significant.
Impact. Intersection #28 Aviara-Alga/ECR. In the Year 2020 without the project,
intersection #28 will operate at LOS D in the AM peak and LOS E in the PM peak hour. The
proposed project will result in an increase in delay of 2.9 seconds in the PM peak hour. The
increase in delay in the PM peak hour is considered a significant impact because it is greater than
2.0.
Finding. With the incorporation of the following mitigation measures, the identified
direct significant impact would be avoided and thereby reduced below a level of significance.
CEQA Findings of Fact
And Statement of Overriding Considerations 26
8/1/02
Mitigation Measure T5. Mitigation Measure T5 would reduce the project impact at
this intersection to a level less than significant (LOS C in the AM and LOS D in the PM peak hour
as shown in Table 5.2-10 Year 2020 Volumes with Improvements column). Mitigation Measure
T5 requires the project applicant to pay a fair share contribution to the improvement of
intersection #28 as illustrated in Figure 5.2-36 of the EIR.
T5. Prior to approval of Final Map, Grading Permit, or Building Permit,
whichever occurs first, for any portion of the development that would generate
traffic, the applicant shall pay a Afair share@ contribution as determined by the
City of Carlsbad for the improvement of intersection #28 Algal Camino Real as
illustrated on Figure 5.2-36 of this EIR. Proof of payment of this fair share
contribution shall be submitted to the City of Carlsbad prior to issuance of any
building permit.
Factual Support and Rationale. Mitigation Measure T5 requires the project
applicant to pay a fair share contribution to the improvement of intersection #28 as illustrated in
Figure 5.2-36 of the EIR.
Impact. Intersection #31 San MarcodGrand. In the Year 2020 condition,
intersection #31 will operate at LOS E in the AM peak hour and LOS F in the PM peak hour
without the project. The proposed project will result in an increase in delay of 2.2 seconds in the
PM peak hour, worsening the LOS in the PM peak hour. This is considered a significant impact.
Finding. (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.
Mitigation Measure. The intersection improvements shown on Figure 5.2-3H of the
EIR depict an example of feasible mitigation that if implemented, would reduce the project
impact to a level less than significant (LOS D in AM PM as shown in Table 5.2-10 Year 2020
Volumes with Improvements column). There are other forms of mitigation that could also be
implemented to achieve an acceptable level of service.
Factual Support and Rationale. The ultimate responsibility of implementing
specific intersection improvements, dedication of right-of-way, and intersection configuration is
outside the jurisdiction of the City of Carlsbad, and is the responsibility of the City of San
Marcos. The City of San Marcos has indicated that there is currently no specific improvement
program in place to fund, design and construct improvements to this intersection. Therefore,
while mitigation is potentially feasible at this location, because there is no specific program in
place to ensure the improvement of the intersection, the impact to intersection #31 will remain
significant and unavoidable.
However, while a significant and unavoidable localized impact to intersection #31 San
Marcos/Grand is identified, the addition of Faraday Avenue from Melrose Drive to Orion Street
and Melrose Drive from Palomar Airport Road to the City of Vista, which will be constructed in
conjunction with the proposed project, will allow regional traffic alternative routes of travel and
will help to offset the incremental impacts to the identified intersection.
CEQA Findings of Fact
And Statement of Overriding Considerations 27
81 1 I02
Impact. Intersection #47 PAWE2 Fuerte. In the Year 2020 without the project,
intersection #47 will operate at LOS F in the AM peak hour and D in the PM peak hour. The
addition of project traffic will result in an increase in delay of 60.5seconds in the AM peak hour
and an increase of 83.8 seconds in the PM peak hour. 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. Implementation of the intersection improvements shown on
Figure 5.2-3L of the EIR would reduce the project impact at this intersection to a level less than
significant in the AM and PM peak hour ( (LOS C as shown in Table 5.2-10 Year 2020 Volumes
with Improvements column). Mitigation Measure T2 requires the project applicant to provide for
the design and construction of the recommended improvements for intersection #47 as illustrated
in Figure 5.2-3L of the EIR.
Factual Support and Rationale. Mitigation Measure T2 requires the project
applicant to provide for the design and construction of the recommended improvements for
intersection #47 as illustrated in Figure 5.2-3L of the EIR. Implementation of these
improvements will allow the intersection to operate at an acceptable level of service.
2.3 Air Quality
2.3.1 Short-Term Construction
Impact. The site preparatiodgrading activities associated with the proposed project will generate 292 pounds per day of NO, and 600 pounds per day of PMlo. As depicted in Table
5.3-4 of the EIR, NO, and PMlo exceed the SDAPCD Rule 20.2 construction emission thresholds. This is considered a significant impact.
Finding. (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.
Mitigation Measure AQ1. During the clearing, grading, earth moving or excavation
on the project site, the following measures shall be implemented:
e 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;
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 pickup 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; Soil erosion measures;
Water exposed surfaces two times per day;
CEQA Findings of Fact
And Statement of Overriding Considerations 28
8/1/02
$ Reduce speeds on unpaved roads to 15 mph or less; and
$ Water haul roads two times per day.
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. However, Implementation of Mitigation Measure AQ1 (a portion of
which is derived from the URBEMIS 7G air quality model) will not reduce the short-term air
pollutant emissions associated with NO, or PMlo to a level less than significant. The short-term
air emission impact associated with NO , and PMlo will remain significant and unavoidable.
Impact. The project area contains granitic rock and rock crushing is proposed on-
site to process the rock materials. The potential for dust emissions from rock crushing activities
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 AQ2. During rock crushing activities, Best Available Control
Technology (BACT) techniques, such as: misting along the conveyor feeds for the crusher;
wetting of stockpiles; and limited crusher activities when wind speeds are in excess of 25 mph
shall be used to control dust emissions.
Factual Support and Rationale. The Best Available Control Technology (BACT) is
required to be used to control fbgitive dust emissions from the rock crushing operations in these
areas. Dust emissions from rock crushing operations are highly variable and are best controlled
through the use of wet-suppression techniques. Implementation of Mitigation Measure AQ2 will
reduce the dust emissions associated with rock crushing activities to a level less than significant.
Mitigation Measure AQ2 requires that BACT techniques such as misting along the conveyor
feeds for the crusher, wetting of stockpiles, and limiting crusher activities when wind speeds are in excess of 25 mph be used to control dust emissions.
Impact. The construction of buildings within the proposed project area will also
result in short-term air emissions. Building construction will occur as lots are purchased and
businesses plan to locate in the business park.
The construction activities associated with Phase 1 of the project will generate approximately
3,259 pounds per day of NO,, PMlo, and CO exceed the SDAPCD Rule 20.2 construction
emission thresholds. The pollutant emissions associated with developing Phase 1 are
significantly higher than the SDAPCD thresholds. Therefore, the short-term pollutant emissions
associated with development of Phase 1 will be significant and unavoidable.
The construction activities associated with Phase 2 will generate approximately 1,928 pounds per
day of NO,, 137 pounds per day of PMlo, and 419 pounds per day of CO emissions. The estimated NO, and PMlo would exceed the SDAPCD Rule 20.2 construction emission
thresholds. Therefore, the short-term pollutant emissions associated with development of Phase
2 will be significant and unavoidable.
CEQA Findings of Fact
And Statement of Overriding Considerations 29 8/1/02
Construction activities associated with Phase 3 will generate approximately 2,505 pounds per
day of NO,, 178 pounds per day of PMlo, and 545 pounds per day of CO emissions. The
estimated NO, and PMlo exceed the SDAPCD Rule 20.2 construction emission thresholds.
Therefore, the short-term pollutant emissions associated with the development of Phase 3 will be significant and unavoidable.
Finding. (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.
Mitigation Measure. No feasible mitigation measure has been identified that would reduce the impact to a level less than significant.
Factual Support and Rationale. The level of emissions estimated to result fiom
construction activity will exceed the significance thresholds. There is no feasible mitigation to
reduce the amount of emissions, other than reducing the area of disturbance each day, and limiting the number of construction equipment operating at one time. This is not feasible, as this
approach would extend the construction period to several years, and would not allow for a
coordinated grading operation which is required for balanced grading activity.
2.3.2 Operational Emissions
Impact. Table 5.3-6 of the EIR depicts the total projected long-term air pollutant emissions resulting fiom development of the interim project in Year 2005. The projected long-
term air pollutant emissions associated with the interim project will exceed threshold criteria for
all four of the pollutant categories; carbon monoxide (CO), reactive organic gases (ROG), oxides
of nitrogen (NO,), and particulate matter (PMlo). The interim project will emit approximately
2,108 pounds per day of CO. This is 1,558 pounds per day more than the significance threshold.
Emissions generated by the project will also be higher than the significance threshold for ROG
emissions by approximately 2,136 pounds per day, NO, by 1 , 119 pounds per day, and PMlo by
100 pounds per day. This is considered a significant impact.
Finding. (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.
Mitigation Measure AQ3 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 AQ3. The following measures shall be implemented as
feasible for all subsequent development projects within the project area as identified in the City
of Carlsbad General Plan Final Master Environmental Impact Report:
$ Provide within the proposed development, a commercial site designated to serve the
commercial needs of the occupants of the business park.
$ Development within Carlsbad Oaks North shall provide traffic control devices along all roadway segments and at intersections and interconnect and synchronize the
operation of traffic signals along arterial streets, whenever feasible.
$ Development and businesses within Carlsbad Oaks North shall encourage commuter
usage of busses, carpools and vanpools.
CEQA Findings of Fact
And Statement of Overriding Considerations 30 8/ 1/02
Provide, whenever possible, 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 Carlsbad Oaks North shall provide shade trees to reduce
building heating (cooling) needs.
Development within Carlsbad Oaks North shall use energy efficient low-sodium
parking lot lights.
Development within Carlsbad Oaks North shall use light colored roof materials to
reflect heat.
Factual Support and Rationale. Implementation of Mitigation Measure AQ3 will reduce this impact to the extent feasible. Mitigation Measure AQ3 requires the implementation
of all feasible area source and mobile source measures in new development in the project area.
However, based on the results of further modeling utilizing the URBEMIS 7G air quality model,
even with the incorporation of area source and mobile source mitigation measures (such as those
required by Mitigation Measure AQ3), the long-term air pollutant emissions associated with the
project will still exceed threshold criteria for CO, ROG, NO,, and PMlo by a substantial amount,
and the long-term project-specific air quality impact is significant and unavoidable.
The reliance on the automobile for the future industrial 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 for 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 a cultural as well as a facility shift, but
cannot realistically be fully implemented with this Proposed Project. The project will
accommodate bike lanes, bus stops and walking trails in addition to sidewalks. Its proximity to
residential land uses in north County will also serve to reduce overall driving distances.
Impact. In the long-term, development anticipated to occur in the project area
will generate new vehicular traffic. This additional traffic, amounting to approximately 22,650
new trips will generate mobile source emissions. As depicted in Table 5.3-7 of the EIR, this
additional traffic will generate approximately 3,199 pounds per day of CO, 5,343 pounds per day
of ROG, 797 pounds per day of NO,, and 261 pounds per day of PMlo.
Additionally, the Specific Plan 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. As depicted in Table 5.3-7 of the EIR, stationary sources will generate approximately 571,37 pounds per day of CO, 103.63 pounds per day of ROG, 1,425.69 pounds per day of NO,,
and 2.57 pounds per day of PMlo.
The projected long-term air pollutant emissions associated with the project will exceed threshold
criteria for all four of the pollutant categories; carbon monoxide (CO), reactive organic gases
(ROG), oxides of nitrogen (NO,), and particulate matter (PMlo). Stationary and mobile sources
associated with the proposed project will emit approximately 3,770 pounds per day of CO. This
is 3,220 pounds per day more than the significance threshold. Emissions generated by the
project will be greater than the significance threshold for ROG emissions by 5,391 pounds per
CEQA Findings of Fact
And Statement of Overriding Considerations 31 81 1 102
day, NO, by 2,167 pounds per day, and PM 10 by 1 14 pounds per day. This is considered a
significant impact.
Finding. (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.
Mitigation Measure AQ3 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 AQ3. The following measures shall be implemented as feasible for all subsequent development projects within the project area as identified in the City
of Carlsbad General Plan Final Master Environmental Impact Report:
Provide within the proposed development, a commercial site designated to serve the commercial needs of the occupants of the business park.
Development within Carlsbad Oaks North shall provide traffic control devices along
all roadway segments and at intersections and interconnect and synchronize the
operation of traffic signals along arterial streets, whenever feasible.
Development and businesses within Carlsbad Oaks North shall encourage commuter
usage of busses, carpools and vanpools.
Provide, whenever possible, 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 Carlsbad Oaks North shall provide shade trees to reduce
building heating (cooling) needs.
Development within Carlsbad Oaks North shall use energy efficient low-sodium
parking lot lights.
Development within Carlsbad Oaks North shall use light colored roof materials to
reflect heat.
Factual Support and Rationale. Implementation of Mitigation Measure AQ3 will
reduce this impact to the extent feasible. Mitigation Measure AQ3 requires the implementation
of all feasible area source and mobile source measures in new development in the project area.
However, based on the results of further modeling utilizing the URBEMIS 7G air quality model, even with the incorporation of area source and mobile source mitigation measures (such as those
required by Mitigation Measure AQ3), the long-term air pollutant emissions associated with the
project will still exceed threshold criteria for CO, ROG, NO,, and PMlo by a substantial amount,
and the long-term project-specific air quality impact is significant and unavoidable.
The reliance on the automobile for the future household primary mode of transportation, given
the entire San Diego air basin’s non-attainment status, makes the incremental contribution fiom
the Proposed Project to be significant. While the air quality in the region has been improving,
the overall resolution will need to wait for cleaner burning, or less polluting, modes of
transportation, and shifting the travel patterns fiom single occupancy vehicles to carpooling, bus,
bicycle and walking modes. This represents as much a cultural as well as a facility shift, but
cannot realistically be fully implemented with this Proposed Project. The project will
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 32
accommodate bike lanes, bus stops and walking trails in addition to sidewalks. Its proximity to
residential land uses will also serve to reduce overall driving distances.
2.4 Noise
2.4.1 Construction Noise
Impact. As identified above and illustrated in Figure 5.2-4 of the EIR,
sensitive uses located to the north of the project site will not be subjected to 65 dBA Leq noise
levels as a result of proposed blasting and rock crushing operations. Additionally, the exterior
noise levels experienced at the residences located to the east in the City of Vista will not exceed
the 65 dBA exterior noise level allowed by the City of Vista or the 75 dBA construction noise
level standard. However, if during grading, the location of the blasting and the rock crushers
were required to be relocated for any reason, significant noise impacts could 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 Measures.
N1. Prior to blasting, a blasting schedule shall be prepared by the project applicant and
submitted to and approved by the City Engineer.
N2. The blasting contractor shall noti@ the Carlsbad Police Department and the
County Sheriff=s Department prior to commencing any blasting activities.
N3. The project proponent shall give a one-time notice in writing to residences within
1,000 feet of a potential major blast operation as well as the Dawson Los Manos Canyon
Reserve. The notice shall disclose the anticipated blasting schedule and provide a contact
phone number for the blasting contractor.
N4. A pre-blast inspection of existing structures within 300 feet of any proposed
detonation shall be conducted by an inspector approved by the Carlsbad Police
Department, the San Diego County Sheriff=s Department and the City of Carlsbad
Building Department.
N5. The project shall conform to the San Diego County Blasting Ordinance Title 3,
Division 5, Chapter I11 County Code of Regulatory Ordinance Sections 35.377.101-104,
35.377.301(a) and 35.377.307 to reduce the temporary noise impacts due to blasting and Section 8.48.010 of the City=s Municipal Code limiting allowable hours of activities.
The allowable hours of activities associated with blasting are 9:00 am to 4:30 pm, or one- half hour before sunset, whichever comes first, Monday through Friday. No blasting is
allowed on weekends nor on the holidays specified in Section 8.48.01 of the City=s
Municipal Code.
N6. A blasting report shall be submitted to the City Engineer prior to any blasting
activities. The report shall conform to the San Diego County Blasting Ordinance
(Division 5, Title 3, Section 35) and vibration standards promulgated by the U.S. Bureau
of Mines.
CEQA Findings of Fact
And Statement of Overriding Considerations 33
81 1 102
N7. No rock crushing activities shall be allowed within 850 feet of: 1) the Dawson
Los Monos Reserve located to the north of the project area; and 2) the residential uses
located to the east of the project area. Compliance with this measure shall be enforced by
the City of Carlsbad Public Works Department.
Factual Support and Rationale. Implementation of Mitigation Measures N1
through N7 will reduce the potential impact to a level less than significant should the proposed
blasting and rock crushing centers need to be relocated from their currently proposed position.
Mitigation Measures N1 through N6 require preparation and implementation of a blasting
schedule and blasting report, as well as notification of surrounding sensitive uses and inspection
of existing structures within 300 feet of any proposed blasting activities. Mitigation Measure N7
requires that no rock crushing activities be performed within 850 feet of the Dawson Los Monos
Reserve or the residential uses located to the east of the project site in the City of Vista. This will
ensure that the noise levels experienced by these adjacent land uses as a result of blasting and
rock crushing activity will not exceed 65 dBA Leq.
Impact. Traffic associated with the Specific Plan industrial uses will result in an
increase of traffic generated noise along surrounding roadways ranging from 0.1 dBA CNEL
along Sycamore Drive, east of the 78 freeway to 3.0 dBA CNEL along Faraday Avenue west of
Melrose Drive. The 3.0 dBA increase along Faraday Avenue is considered a significant increase
in noise along this roadway as it meets the 3.0 dBA increase criteria established by the City of
Vista. This increase in roadway noise will result in a significant impact to the single-family
residences located within approximately 135 feet of the roadway centerline. 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 NS. Prior to issuance of a grading permit, the developer
shall have an acoustical study prepared by a certified acoustician (subject to City approval) to
determine the proper location, height, and configuration of any additional noise barrier (e.g., wall
or berm) to protect the residences located within 135 feet of Faraday Avenue west of Melrose
Drive and east of El Fuerte Street from noise levels in excess of 65 dBA. The developer shall
make a written offer to impacted property owners to install a noise barrier approved by the
Planning Director at the size and location specified by the acoustical analysis. Installation shall
be required prior to the opening of Faraday Avenue unless proof is provided by the developer
that a property owner has rejected the proposed noise barrier.
Factual Support and Rationale. Implementation of Mitigation Measure N8 will
reduce this impact to a level less than significant. Mitigation Measure N8 requires the developer
to complete an acoustical study (subject to City approval) to determine the proper location,
height, and configuration of a noise barrier (e.g., wall or berm) if needed to protect the residences
from noise levels in excess of 65 dBA. Upon the determination of the appropriate noise barrier
(if needed), the developer shall install the barrier to the satisfaction of the City of Carlsbad.
CEQA Findings of Fact
And Statement of Overriding Considerations 34
8/1/02
2.5 Biological Resources
2.5.1 Sensitive Habitats and Vegetation
Impact. The proposed project would primarily impact coastal sage scrub and
southern mixed chaparral. The project would also impact non-native grassland, coastal
sagehhaparral scrub, coyote brush scrub, southern coast live oak woodland, southern maritime
chaparraVNuttall=s scrub oak phase, valley needlegrass grassland, and southern coast live oak
riparian forest. Impacts to vegetation are associated with implementation of all aspects of the
project. Impacts to all of these vegetation types are considered significant and require mitigation
under the Carlsbad HMP.
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 BR1. The project proponents shall mitigate all significant
impacts to upland habitat in accordance with the mitigation ratios identified in Table 5.5-4 of the
EIR. Proof of implementation of this mitigation shall be provided prior to grading or vegetation
removal on the project site and shall be subject to the review and approval of the City of
Carlsbad Planning Department. The mitigation can occur on dedicated lands not proposed for
development within the project site, so long as viable connectivity to the principal open space
lands are maintained. Mitigation can also occur in approved regional land banks with agency
approval.
The satisfaction of BR1 is generally anticipated to occur through conservation of on-site or off-
site habitats, either of the same type or fiom a higher tiered habitat group as identified in the Carlsbad HMP (see Table 5.5-3 of EIR). Off-site mitigation is proposed to include 100.6 acres
of remaining mitigation credit from Phase 2 and 3 within the Carlsbad Highlands mitigation bank
as well as 70.4 acres of suitable conservation from other mitigation lands that at a minimum,
meet the following mitigation standards:
1) Mitigation lands shall include not less than 1 1.1 acres of HMP group D or a higher tier
habitat to mitigate Southern Mixed Chaparral.
2) Mitigation lands shall include not less than 20.8 acres of Southern Maritime Chaparral
and may include Nuttall=s Scrub Oak Phase chaparral to satisfy this requirement.
3) Mitigation lands shall include not less than 38.5 acres of habitat that has been pre-
approved by wildlife agencies for use in mitigating gnatcatcher occupied habitat, or which is
determined to be gnatcatcher occupied or occupiable Coastal Sage Scrub (including up to 4.6
acres of Coyote Brush Scrub).
4) Mitigation lands shall be located within MHCP conservation lands or shall be determined
by the wildlife agencies and City of Carlsbad to substantively contribute to conservation of lands
that will fulfill the conservation objectives of the MHCP.
Southern Maritime Chaparral/Nuttall=s Scrub Oak Phase
Due to the dearth of this specific floristic assemblage throughout the MHCP planning area and
the presence of sensitive plant species such as Nuttall=s scrub oak, it is recommended to be
mitigated at a 3:l replacement ratio by preservation of similar or the higher quality, maritime
chaparral habitat type. Mitigation would require that vegetation be compensated through
CEQA Findings of Fact
And Statement of Overriding Considerations 35
8/ 1/02
conservation of habitat within preserved lands that contribute to the regional habitat conservation
strategy for the MHCP. A portion of the mitigation for impacts to this habitat is to be
accomplished on-site while the remaining acreage shall be mitigated by off-site acquisition.
Oak Woodlands
The Carlsbad HMP calls for no-net loss of oak woodland habitats. This would include the
Southern Coast Live Oak Woodland and the Southern Coast Live Oak Riparian Forest that is
anticipated to be impacted as a result of project implementation. While the HMP appears to call
for a 1 : 1 replacement, the restoration of oak woodland habitat requires many years to be
accomplished. As a result, mitigation for oak woodlands shall include both the HMP required
woodland creation as well as a 2:l conservation element wherein oak dominated habitat on-site
is conserved in open space. This would bring the total oak habitat mitigation up to a 3:l
mitigation ratio (1 : 1 restoration and 2: 1 Conservation).
While impacts are assumed to occur to all oak trees occurring within 25 feet of any grading area,
to Mer minimize impacts to peripheral trees, wherever oak root systems are damaged by
excavation or placement of fill over root zones, a proportional amount of the tree canopy should be removed by pruning by a qualified arborist or habitat restoration specialist.
Diegan Coastal Sage Scrub
The impacts to sage scrub (83.9 acres) constitute a high percentage of the sage scrub remaining
locally, and this vegetation type is occupied by the federally-listed threatened California
gnatcatcher. While the understory of the sage scrub may not be particularly diverse, the level of
impact is nevertheless substantial given this high percentage of local sage scrub being impacted
and the importance of this habitat to supporting California gnatcatchers on-site. Mitigation is
recommended to be a mix of on-site habitat conservation and off-site purchase of occupied or
occupiable sage scrub or regional land bank credits that have been approved for use in mitigating
gnatcatcher occupied habitat (e.g., the Highlands Mitigation Land Bank).
Open Space Management
Any lands used for mitigation of project impacts must be adequately managed to sustain
biological resource values present at the time of CEQA document adoption. Management
responsibilities for the property must be outlined in a detailed management plan and adequately
funded as an element of the land conservation contemplated. The open space management
responsibilities for the open space shall consist of active maintenance to protect and preserve the
quality of the habitat (including but not limited to reasonable prevention of trespass) as required
by the USFWS and CDFG.
Mitigation Measure BR2. Prior to the removal of vegetation (issuance of a
grading permit) the Developer shall encumber Open Space lots and mitigation lands with a
conservation easement in favor of CDFG, and prior to final map the Developer shall grant to the
City an Irrevocable Offer to dedicate fee title of Open Space Lots 10, 1 1, and 12 to be accepted
by the City upon completion of grading and improvements. The City shall transfer the fee title to
a natural lands management entity for perpetual maintenance. The natural lands management
entity selected must have an open space management plan that is acceptable to the wildlife
agencies and approved by the City. Simultaneous with the transfer of ownership of open space to the City, the Developer shall provide funding or other acceptable financial mechanism to
provide for management and conservation in perpetuity.
CEQA Findings of Fact
And Statement of Overriding Considerations 36
8/1/02
Factual Support and Rationale. The Carlsbad HMP addresses mitigation
requirements for each of these vegetation types. Mitigation Measures BR1 and BR2 will reduce
the significant impact to sensitive vegetation to a less than significant level. Under the Carlsbad
HMP, the City is required to mitigate impacts to chaparral at a 1 : 1 replacement ratio for all
public projects. This applies to chaparral vegetation other than southern maritime
chaparral/Nuttall=s scrub oak phase, which requires mitigation at a 3:l ratio (see Table 5.5-3 of
EIR for habitat groups and mitigation ratios). Proof of implementation of this mitigation will be
provided prior to grading or vegetation removal on the project site and shall be subject to the
review and approval of the City of Carlsbad Planning Department. The satisfaction of BRl is
generally anticipated to occur through conservation of on-site or off-site habitats, either of the
same type or from a higher tiered habitat group as identified in the Carlsbad HMP (see Table 5.5-
3 of EIR). Off-site mitigation is proposed to include 100.6 acres of remaining mitigation credit
from Phase 2 and 3 within the Carlsbad Highlands mitigation bank as well as 70.4 acres of
suitable conservation from other mitigation lands. These lands will be managed as described in
mitigation measure BR2.
2.5.2 Sensitive Plants
Impact. The project would impact 117 California adolphia. Under the proposed
project design, impacts to this species are considered to be less than significant and no mitigation
is recommended beyond that addressing habitat impacts. The project would also impact 53
southwestern spiny rush, 10 summer holly (approximately 10% of the on-site population), two
patches of western dichondra, and one San Diego goldenstar. None of these impacts is
considered biologically significant; however, the San Diego goldenstar and summer-holly are
considered narrow endemic species under the HMP. As such, measures specific to impacts to
narrow endemic species derived from the HMP must be addressed.
Additionally, based upon the 12.57 acres of southern maritime chaparraVNuttall=s scrub oak phase that would be impacted by proposed development, an estimated 4,486 individual Nuttall=s scrub oak would be impacted. The Nuttall=s scrub oak impact is considered significant.
Mitigation Measures requiring a 3:l replacement ratio of similar southern maritime
chaparral/Nuttall=s scrub oak habitat would address this impact as required under Mitigation
Measure BR1.
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 BR3. Although populations of clay bindweed, San Diego
thornmint, and thread-leaf brodiaea are outside of the proposed impact area, indirect impacts
could occur due to habitat intrusion associated with increased human foot and bicycle traffic. A
low split rail fence should be installed on the borders of the trails in areas adjacent to these
sensitive plant populations. Management efforts for the San Diego Goldernstar shall be
undertaken to search clay soils in the area of the known occurrence of this species during site
clearing and grubbing. To the extent feasible, all bulbs and corms shall be salvaged from the soil
and transplanted into suitable clay soils located elsewhere in the open space. Transplant receiver
areas shall be managed and fenced, as appropriate in a manner similar to the known existing
occurrence of rare plants discussed previously. These measures are expected to support the goal
of reducing detrimental edge effects for these species that will ultimately be required as an
CEQA Findings of Fact
And Statement of Overriding Considerations 37
81 1 102
element of the area specific management plans to be prepared for lands included in the MHCP
preserves, including the on-site open space to be conserved as a part of this project.
Factual Support and Rationale. Mitigation Measures requiring a 3:l replacement ratio of similar southern maritime chaparraVNuttall=s scrub oak habitat would address this impact as required under Mitigation Measure BR1. The measures required in
Mitigation Measure BR3 are expected to support the goal of reducing detrimental edge effects
for these species that will ultimately be required as an element of the area specific management
plans to be prepared for lands included in the MHCP preserves, including the on-site open space
to be conserved as a part of this project.
2.5.3 Sensitive Animals
Impact. The loss of 83.9 acres of coastal sage scrub is expected to have an
adverse impact on animal species resident within this habitat type. The proposed project will
impact four pairs of California gnatcatchers and habitat historically, but not presently, occupied
by two additional pairs of gnatcatchers (KEA 1998). The various proposed components of the
project would traverse or largely remove the native vegetation on California gnatcatcher
territories; thereby impacting the four gnatcatcher pairs. These pairs of gnatcatchers were
observed to use a fairly broad area over the course of the site visits.
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. Implementation of Mitigation Measures BR1 and BR2
identified above.
Factual Support and Rationale. The Carlsbad HMP does not provide the same
mitigation requirement for occupied gnatcatcher habitat (i.e., 2:l) as it does for unoccupied
gnatcatcher habitat (i.e., 1:l). However, deciding which category is appropriate for each area of
sage scrub can be difficult. Within occupied and adjacent habitat, there is typically an expansion
or contraction of sage scrub gnatcatcher use areas that occurs on a yearly basis. This is due
primarily to two reasons. First, environmental changes (e.g., mesic versus xeric conditions based
on significant yearly fluctuations in rainfall) may dictate larger or smaller areas for foraging are
required. Second, there may be varying numbers of gnatcatchers present [i.e., there are
population fluctuations that do not always balance localized juvenile dispersals (replacements) with the deaths of some individuals]. Given this process by which gnatcatchers reconfigure available habitat to suit the unique current circumstances B there may be no reasonable scientific methodology for separating contiguous blocks of similar quality sage scrub into occupied and unoccupied habitat without extensive field monitoring of individual gnatcatcher territories over
multiple seasons. As such, the U.S. Fish & Wildlife Service and California Department of Fish
& Game have indicated that they consider all sage scrub on the site to be occupied by gnatcatchers. As a result, a 2:l (conserved to impacted) ratio is required under the Carlsbad
HMP. Mitigation lands should support or be suitable to support California gnatcatchers, or
alternatively be pre-approved for mitigation of gnatcatcher occupied habitats. This mitigation
would be expected to adequately address impacts to California gnatcatchers and associated
habitat required to support the gnatcatchers.
CEQA Findings of Fact
And Statement of Overriding Considerations 38
81 1 I02
2.5.4 Wetlands
Impact. The proposed project would impact: 1.5 acres of southern willow scrub;
0.4 acre of fi-eshwater marsh; and 0.4 acre of cismontane alkali marsh, and 0.1 acre of disturbed
wetlands for a total of 2.4 acres of wetland habitat. In addition, 0.4 acre of non-wetland
waterways considered to be streambeds would also be impacted by the project. These impacts
are all considered significant.
Finding. With the incorporation of the following mitigation measures, the
identified direct significant impact would be avoided and thereby reduced below a level of
significance.
Mitigation Measure BR4. The project proponents shall mitigate wetland
impacts on-site per the mitigation ratios in Table 5.5-4 of the EIR or the final mitigation ratios
determined during state and federal permit negotiations, whichever are greater. The mitigation
shall result in no-net-loss of wetlands as required by the Carlsbad HMP. As part of the permit
processing, a wetland restoration and monitoring plan must be prepared and be subject to the
review and approval of these agencies. Regarding the wetland mitigation, it is recommended
that should all three components of the project (Le., Carlsbad Oaks North Business Park, Faraday
Avenue Roadway Extension, and Agua Hedionda Sewer Interceptor) be approved, a single
mitigation effort should be implemented. To the extent practical, efforts should be made to
enhance degraded wetlands along the on-site drainage in lieu of conducting a straight habitat
creation mitigation program. Figures 5.5-5 and 5.5-6 of the EIR depict the available areas to
conduct wetland creation. Enhancement opportunities are widespread on the Specific Plan site
as a result of rapidly expanding pampas grass and other exotic species.
Impact to oak dominated riparian habitats shall be mitigated as peripheral restoration along the
riparian corridors, with the provision that individual impacted oak trees (> 4 inches diameter at
breast height) be mitigated at a minimum 1O:l replacement ratio with container trees (5-gallon
size or larger). The oaks should be placed at the outer perimeter of a revegetation site to provide
habitat diversity and buffer to the restoration effort.
It is anticipated that a conceptual wetland mitigation plan would be prepared for permitting
purposes prior to site development. A restoration specialist should prepare and implement the
plan. The plan shall include specifications, grading, irrigation, and planting plans. It shall also include maintenance and monitoring actions, and success criteria to be applied during a 5-year
mitigation establishment period. It is recommended that the wetland mitigation be completed
concurrent with Phase I of the project development to adequately mitigate for unavoidable
temporal losses of habitat.
In addition, the following recommended measures are provided to minimize indirect impacts to
on-site and off-site wetland resources. These measures shall be incorporated into project
construction specifications.
1) Staginghtorage areas for equipment and materials shall be located outside of all
drainages.
2) Equipment maintenance shall be prohibited within or near any drainage where petroleum products or other pollutants from the equipment may enter these areas
under any flow.
CEQA Findings of Fact
And Statement of Overriding Considerations 39
81 1 I02
Excavated soils from trenching operations shall be stored above the ordinary high
water mark for all drainages during the rainy season and any materials placed in a
seasonally dry portion of a drainage shall be removed prior to inundation by high
flows.
Silty or turbid water shall be prohibited fkom being discharged into any drainage.
Such water shall be settled, filtered, or otherwise clarified prior to discharge.
Natural drainage patterns shall be maintained as much as possible during
construction. Erosion control techniques, including the use of sandbags and the
installation of sediment traps, shall be employed to control erosion and limit
excess drainage of construction activities.
Trash, or any debris shall be disposed of at an approved off-site facility.
An arborist shall review the proposed grading plans in order to determine if there
are root impacts to oak that would require tree pruning.
Factual Support and Rationale. Mitigation Measure BR4 will reduce the
impact to a level less than significant. Impact avoidance, minimization, and mitigation must be
pursued in a sequential order in accordance with requirements of section 404 of the Clean Water
Act. The project will be required to obtain additional state and federal authorizations for
unavoidable impacts to wetland habitats. These include a Clean Water Act (CWA), Section 404
permit, a CWA section 401 state water quality certification, and a California Fish & Game Code
section 1600 et seq. streambed alteration agreement (SAA). The project will be required to
mitigate impacts through wetland creation and potentially restoration or enhancement measures.
Mitigation shall be governed by the mitigation ratios required by the Carlsbad HMP unless
greater mitigation requirements are imposed through state and federal wetland regulatory
programs.
Figures 5.5-5 and 5.5-6 of the EIR depict the general location and extent of area where wetland
mitigation is contemplated through habitat creation. The sites identified total 10.4 acres and
provide adequate area and hydrologic conditions to accomplish wetland mitigation including all
associated upland grading required to construct the mitigation sites. These areas are larger than
would be required to meet mitigation needs where enhancement or restoration of existing
degraded wetlands were used as a portion of the wetland mitigation program. However, it is
premature to assume the extent to which creation, restoration, or enhancement of wetlands may
be used to satisfy wetland mitigation requirements of state and federal wetland regulatory programs. For this reason, mitigation measure BR4 addresses wetland mitigation by establishing mitigation ratios for wetland impacts, reaffirming the HMP no-net-loss policy (thus requiring at
least 1 : 1 habitat creation as part of the mitigation), and identifying locations available on-site to
complete wetland creation mitigation. To the extent that state and federal permits result in a mix of restoration, creation, and enhancement, or require greater mitigation ratios, these requirements
would still satisfy CEQA mitigation provided all conditions of BR4 were still met.
2.5.5 Raptor Nesting Habitat
Impact. The proposed project would reduce the amount of foraging habitat
available for a number of raptorial bird species. Most importantly, this would affect two
sensitive species, which are known to breed on the project site. The project would result in a
reduction of 48.7 percent of the available grassland and sage scrub foraging habitat in the project
CEQA Findings of Fact 8/ 1/02
And Statement of Overriding Considerations 40
area and would increase the amount of human activity and traffic in the area. Based on these
effects, it is anticipated that the northern harrier breeding on-site will abandon the area. Given
the extremely uncommon breeding occurrence of this species in San Diego county, this impact is
considered to be significant. This impact is considered to be site specific and not readily
addressed by alternative area conservation. This impact would occur to one of 13 confirmed
breeding sites in the county and one of 27 known or probable breeding locations in San Diego
County (based on Unitt, unpublished data from the Breeding Bird Atlas).
While anticipated to be more tolerant of disturbance and loss of scrubland foraging environments
than the harrier, the on-site breeding white-tailed kite would also be adversely impacted by the
project development. It is not clear that this species would abandon nesting on the property.
Because this species is more common as a breeding resident than are harriers and the potential of
site abandonment is lower, impacts to this species are considered to be adverse but not
individually significant on a species basis. However, the site supports widespread raptor use by
a number of resident and migratory raptor species that would all be impacted to greater or lesser
degrees by the loss of foraging habitat resulting from the extensive development proposed. Collectively, impacts to raptor foraging areas are considered to be significant.
Finding. With the incorporation of the following mitigation measures, the
identified direct significant impact would be avoided and thereby reduced below a level of
significance for all raptor species with the exception of the northern harrier.
Mitigation Measure BR5. Loss of nesting Northern Harriers within the greater
project area is expected, and is considered an unmitigable impact at the project level. White-
tailed Kites may also discontinue nesting within the riparian canopy of the primary creeks.
Mitigation is recommended to enhance and provide additional protection for other kite nesting or
roosting locations in the Carlsbad Area (e.g., riparian habitat along Agua Hedionda Creek west
of El Camino Real). This would include initial identification of historical kite nestinglroosting
sites on publicly owned lands, and hnding of signage, and policing actions if necessary, to keep humans fkom trespassing into the near vicinity of these nest/roost sites while they are actively in
use. Clearing of vegetation, including all native habitat as well as non-native grassland, shall be
performed in the non-breeding season (outside of the period from February 15 through August
30) in order to avoid impacts to nesting raptors.
Factual Support and Rationale. These impacts, unlike those resulting to
northern harriers, are considered to be mitigable through a combination of on-site and off-site
habitat conservation in large blocks of open scrub and grassland habitat types. Mitigation
Measure BR5 will reduce the impact to raptors (with the exception of the northern harrier) to a
level less than significant.
2.5.6 Riparian Road Crossing Design
Impact. Within the proposed project, Faraday Avenue crosses riparian corridors at two locations. These are proposed to be designed to permit general wildlife movement beneath
the roadway using large diameter arched pipe culverts (24 feet wide by 12 feet tall at the main
crossing and an 8 foot culvert is proposed west of the main crossing where Faraday Avenue
crosses the smaller tributary canyon on County lands).
Perhaps as important as providing a means for animals to cross Faraday Avenue is the need to
direct animals to the crossings and discourage over road crossings by roadway design. Animals
will not preferentially use the undercrossings provided unless alternative over road crossings are
CEQA Findings of Fact
And Statement of Overriding Considerations 41
8/1/02
made less desirable and animals are funneled towards the undercrossings. This can be readily
accomplished through incorporation of project details such as fencing, revegetation, and other
features, however, at the present time this has not been done. As a result, potential road kill
impacts are considered significant and mitigable through incorporation of roadway design details
that promote wildlife use of provided undercrossings
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 BR6. For the road crossings to provide effective benefits to
wildlife movement, proper design is essential. The crossings shall include fencing that funnels
animals towards the entrances to the undercrossings and reduce over the road crossings.
Vegetation should be kept back from driving surfaces to discourage animals from approaching
the roadways. Fences shall not be located immediately adjacent to roadway surfaces and shall
include cover vegetation on the road side of any fencing so that animals that do get onto the road
have protected cover that they can retreat into. Fencing can be discontinuous but should be used
to train movements of animals in the pattern of flow desired. Fencing and vegetation shall be
designed to direct movement through the corridor in an efficient manner, and without pockets or
dead-ends which can cause confusion and can cause animals to cross roadways.
Factual Support and Rationale. The main drainage culvert is sized consistent
with the proposed wildlife undercrossing for the upstream Melrose Avenue crossing. The wildlife undercrossings proposed for Faraday Avenue are considered adequate to provide for movement of mid-sized to small mammals, reptiles, and amphibians throughout the conserved habitat. As a result, impacts to wildlife corridor functionality are not considered to be
significant.
2.5.7 Wildlife Movement Corridor
Impact. Disruption of existing local corridors by the various project components
are not expected to completely isolate substantial tracts of the project site=s remaining habitat
areas. However, implementation of the proposed project has the potential to fragment the project
area into multiple habitat patches that are tenuously connected. Construction of the sewer
interceptor component of the project could have a potentially significant temporary impact on
localized wildlife movement. In some instances, it is anticipated that wildlife may become
trapped in the excavated trenches (as if they were a pit-fall trap) during construction.
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. BR7. During construction of the sewer and any other underground utilities in proximity to natural open space, trenches shall be inspected daily and any trapped wildlife shall be removed and released unharmed into native vegetation a hundred feet or more from the construction area. Construction fencing shall also be installed to minimize
impacts to wildlife during the construction phase of the project. Implementation of this
mitigation shall be subject to monitoring by the City of Carlsbad Planning Department.
Factual Support and Rationale. The project may not directly eliminate local
resident species (ie., mammals, amphibians, reptiles, songbirds); however, it would underscore
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 42
the importance and the need to protect/maintain/defend the remaining local corridors. This
would be particularly important for more widely foraging predators such as the bobcat, coyote,
or gray fox that may rely on such pathways on a daily basis. Standard mitigation measures
associated with construction practices require the sewer trench to be inspected daily during
construction, and any trapped wildlife removed unharmed and released into native vegetation a
hundred feet or more from the construction area. Construction fencing shall also be installed to
minimize impacts to wildlife during the construction phase of the project.
2.5.8 Indirect Impacts
Impact. Development of the Specific Plan component of the proposed project is
expected to increase and concentrate the use by humans into remaining adjacent undeveloped
lands. These activities include mountain biking, jogging, and hiking. Although mountain bikes
can be destructive where not confined to existing trails, at the present time, use appears to be
well restricted to these existing trails.
Lighting from the business park development is also expected to incrementally illuminate
adjacent habitat. Although noise generation is largely a result of the type of businesses that
establish, the proposed project has the potential to result in a significant indirect impact
associated with noise. Another potential indirect effect of urban development is the increase of
problematic animal species such as the black rat and house cat. Development of the roadway
extensions (Faraday Avenue and El Fuerte Street) is expected to result in an increase in traffic
noise, unnatural lighting on adjacent habitat areas, increased opportunities for the spread of non- native plant species that reduce habitat quality, and the death of animals attempting to cross the
roadway.
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 BR8. Mitigation of indirect impacts to resident fauna and
local wildlife corridors within the proposed site development plan require the following
measures to be taken:
1) Extemporaneously created trails other than those approved for focused recreational
open space use and/or for utility access should be prohibited. Sign of illicit trail-
breaking should be followed by placement of substantial impediments to discourage
subsequent use. The actively utilized mountain bike and hiking trails within the
project site boundaries should be regularly bounded by signage that
prohibits/discourages human intrusion into surrounding native habitats. These signs
shall not identifl specific rare plant locations, but when warranted shall indicate the
presence of particularly environmentally sensitive areas.
Low-pressure sodium lamps are less likely than other lights to shift circadian
rhythms and shall be used to reduce the adverse effects of artificial lighting where
lighting is located adjacent to open-space areas. Low-sodium lights shall be used in conjunction with cut-off shields (fully shieldedfull cutoff lighting) around the
perimeter edge of development. Such shields shall direct the light downward and towards development to eliminate excess illumination of open space habitats.
Lighting shall not be installed in the vicinity of the local wildlife corridors to
promote use of these areas by local wildlife.
CEQA Findings of Fact
And Statement of Overriding Considerations 43
8/1/02
Fencing (non-barbed) shall be constructed where active-use urban infrastructure is
proposed to discourage intrusion into the preserve areas. Fencing of the entire open
space easement is not recommended, as areas of habitat contiguous with off-site
undisturbed habitat should not be Wher fragmented.
Signage shall be used in conjunction with any open space easement fencing and as
previously mentioned along any trails which border rare plant populations. Signage
should be posted along the perimeter of the open space easements which adjoin the
project site and more frequently in the vicinity of any sensitive habitat. Roadway
signage that warns of wildlife crossing shall be installed on the roadway above at
the two proposed wildlife corridor/road culverts along Faraday Avenue to assist in
minimizing roadkills and wildlife avoidance accidents.
Native plants shall be used to the greatest extent feasible in the landscaped areas
adjacent to andor near mitigatiodopen space areas andor wetlandriparian areas.
Invasive exotic plant species shall not be planted, seeded, or otherwise introduced
to the landscaped areas adjacent andor near the mitigatiodopen space areas andor
wetland riparian areas. Exotic species not to be used include those species listed on
Lists A and B of the California Exotic Pest Council=s list of AExotic Pest Plants of
Greatest Ecological Concern in California as of October 1999.e This list includes
such species as: pepper trees, pampas grass, fountain grass, ice plant, myoporum,
black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy,
French broom, Scotch broom, and Spanish broom.
Existing pampas grass shall be removed from areas proposed for open space
conservation.
Leash law restrictions shall be posted along any trail access points and shall be
enforced.
Clearing of scrub and riparian vegetation, shall be performed in the non-breeding
season (August 1 through February 1) in order to avoid impacts to nesting birds
including sensitive riparian species and the California gnatcatcher.
Construction trenches should be inspected daily and any trapped wildlife shall be
removed and released unharmed into native vegetation a hundred feet or more from
the construction area. Construction fencing shall also be employed where
appropriate to minimize impacts to wildlife during the construction phase of the
proj ect .
10) The concentration of ongoing recreational human activities in a reduced area (i.e.,
not including areas proposed for development) is not necessarily considered
significant, if similar future activities are restricted to the pre-existing routes of travel.
However, there should be future monitoring of the local wildlife habitat and
vegetation conditions in areas that are currently pristine native habitat, to better evaluate any ongoing impacts, and to respond with management actions if required in
the future. If the proposed open space easement is to function properly as mitigation it will need not only to be preserved but also managed in perpetuity. To assume that
vegetation communities such as occur on-site are static systems would be incorrect.
Temporal vegetation community shifts may alter the suitability of areas for some
species over time. The level of disturbance within an area may change (including fire
CEQA Findings of Fact 81 1/02
And Statement of Overriding Considerations 44
frequency) and micro-habitat use by some resident species may cease if a local or
regional corridor has limited capacity to support these resident populations. Taking
such temporal issues, as well as edge effects into consideration, the proposed open space easements should be managed to contribute the goals of the MHCP and
maximize diversity and abundance where appropriate. A management plan for the
proposed open space easement shall be developed and implemented by an appropriate
management entity.
11) At the time of implementation of the project, a public notification process will be
undertaken through on-site posting with maps indicating the location of authorized
trails.
Factual Support and Rationale. With proper direction of lighting and building
design (Le., avoid the use of very light or reflective surfaces on buildings facing preserve lands,
as well as via compliance with lighting requirements in Specific Plan 21 1, the lighting impact
should not significantly affect wildlife habitat. Additionally, a 300-foot setback has been
incorporated into the site plan component of the project to buffer against such indirect impacts to
the Los Maiios Preserve, located just north of the project area.
As specified in the Carlsbad Oaks North Specific Plan, all development within the Specific Plan
area is required to comply with the development standards of Section 21.34.090 of the Carlsbad
Municipal Code and Specific Plan 21 1, which limits potential noise and vibration impacts.
Specifically, Section 21.34.090 requires that the noise level associated with any development
proposed within the Carlsbad Oaks North Specific Plan area not exceed sixty-five Ldn as
measured at the property line. Where a structure is occupied by more than one use, the noise
level shall not be in excess of 45 Ldn as measured within the interior space of the neighboring
establishment. Additionally, all uses within the Specific Plan area shall be operated as not to
generate vibration discernible without instruments by the average person while on or beyond the
lot upon which the noise source is located. Implementation of these standards will avoid any
potential indirect impact associated with noise, and noise generated fiom the business park is not
anticipated to significantly impact wildlife.
The potential indirect effect of an increase of the black rat and house cat is more typically an
issue at landfills or other areas where refuse is allowed to accumulate, or in residential areas
where predatory feral cats can occur in significant numbers. This is not expected to result in a
significant impact given the proposed land uses.
In the case of the roadway extensions (e.g., El Fuerte Street) the impact would occur over a
relatively long distance. Such long-term indirect impacts will be managed and monitored by a
management entity to deter significant impacts to remaining adjacent native habitat and animal species.
2.6 Geology/Soils
Impact. The presence of loose porous soils and expansive soils 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.
CEQA Findings of Fact
And Statement of Overriding Considerations 45
81 1 I02
Mitigation Measure GS1. All future grading and construction of the project site
shall comply with the geotechnical recommendations contained in the Preliminary Geotechnical
Investigation for Proposed Carlsbad Oaks East prepared by Woodward-Clyde Consultants (June
15, 1990) (as updated by GEOCON, Inc. January 4, 2000), Geologic Reconnaissance with
Limited Subsurface Investigation, Proposed South Agua Hedionda Interceptor Alignment,
Carlsbad California prepared by Leighton and Associates, Inc. (November 30, 2000), and
Geological Reconnaissance, Proposed Faraday Avenue Extension Orion Street to Brookhaven Pass, Carlsbad, California prepared by Leighton and Associates, Inc. (March 23, 2001). These
reports contain specific recommendations for mitigating geotechnical conditions related to soils earthwork, slope stability, and ground and surface waters for each specific component of the project (Specific Plan, Roadways, and Sewer). 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 plans
compliance with the recommendations of the report. 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. According to the geotechnical investigation,
the Specific Plan area is generally suitable for grading and development in accordance with the
proposed improvements. Mitigation Measure GS1 requires that project site grading and
development comply with the geotechnical recommendations related to soils earthwork, slope
stability, and ground and surface waters, contained in the Preliminary Geotechnical Investigation
for the Proposed Carlsbad Oaks East, Carlsbad, California. Woodward-Clyde Consultants, June
15, 1990 (refer to Volume I11 Appendix F of this EIR).
Impact. Several ancient landslide deposits have been identified in the southern
portion of the project area, primarily within the Santiago Formation. Landslides within the
project area are considered unsuitable for structural support, and 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 GS2. Prior to development on-site, complete removal of
the ancient landslides that occur in areas of proposed development or some other form of
stabilization is required. Final recommendations for stabilization can be determined after
specific development plans are finalized. Compliance with this measure shall be verified by the
City of Carlsbad.
Factual Support and Rationale. Implementation of Mitigation Measure GS2
will reduce the impact of exposure of future development within the project area to landslides to
a level less than significant. Mitigation Measure GS2 requires complete removal of the ancient landslides which occur in areas of proposed development or some other form of stabilization.
Final recommendations for stabilization can be determined after specific development plans are finalized. The 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 Fact
And Statement of Overriding Considerations 46
8/1/02
Impact. Because the project area is located in a seismically active region, the
area is likely to be subject to at least one moderate to major earthquake during the design life of
the structures. This may result in 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 Measures. GS3. 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.
GS4. The alluvial and colluvial portions of the project area in which
development is proposed shall be completely stabilized. Final recommendations for stabilization
can be determined after specific development plans are proposed. Compliance with this measure
shall be verified by the City of Carlsbad.
Factual Support and Rationale. Mitigation Measure GS3 requires development in
accordance with the Uniform Building Code that is in effect at the time specific development is
proposed within the project area. 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. Implementation of
Mitigation Measure GS4 will reduce the impact of liquefaction in the project area to a level less
than significant. Mitigation Measure GS4 requires the alluvial and colluvial portions of the
project area in which development is proposed to be stabilized. Final recommendations for
stabilization can be determined after specific development plans are proposed.
Impact. According to the geotechnical investigation, a permanent shallow ground
water table does not exist on the site. However, running water was identified in some drainages
on-site. In a hillside development such as the proposed project, control of groundwater is
essential to reduce the potential for undesirable surface flow, hydrostatic pressure, and the
adverse effects of ground water on slope stability. This issue 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 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 implemented. Compliance with this measure shall be verified by the City of Carlsbad.
Factual Support and Rationale. Implementation of Mitigation Measure GS5 will reduce the potential for groundwater impacts to a level less than significant. Mitigation Measure GS5 requires that prior to construction related to the Specific Plan, Faraday Avenue Roadway Extension, El Fuerte Street and/or the South Agua Hedionda Sewer, additional investigations to
identify possible fiture seepage areas during grading and providing field recommendations for
mitigation of future potential seepage is required, as well as providing drainage in areas known
to be susceptible to groundwater accumulation. In addition, specific geotechnical
CEQA Findings of Fact
And Statement of Overriding Considerations 47
81 1 I02
recommendations identified in the Specific Plan geotechnical investigation provided in Volume I1 Appendix F of the EIR are required to be implemented. Recommendations for mitigation of
future 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.
2.7 Hazards and Hazardous Materials.
Impact. The proposed Specific Plan would allow for the development and
operation of a light industrial development. There is a potential for accidental release of a
hazardous substances associated with the potential use and storage of hazardous materials within
the Specific Plan area. 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 HM1. The following conditions shall be incorporated into
the proposed Specific Plan and shall be required of fbture development:
a. No project facilities located within 1,000 feet of any residential unit shall store,
handle, or use toxic or highly toxic gases as defined in the most currently adopted
fire code at quantities that exceed exempt amount as defined in the most currently
adopted fire code.
b. Facilities that store, handle, or use regulated substances as defined in the
California Health and Safety Code 25532(g) in excess of threshold quantities shall
prepare risk management plans for determination of risks to the community.
c. Facilities that store, handle, or use any quantity of a toxic or highly toxic gas as
defined in the most currently adopted fire code, which are also regulated
substances as defined in the California Health and Safety Code 25532(g) shall
prepare an offsite consequence analysis (OCA). The analysis shall be performed
in accordance with Title 19 of the California Code of Regulation 2750.2 through
2750.3. If the OCA shows the release could impact the residential community,
the facility will not store, handle, or use the material in those quantities. If a
decrease in the quantity of material reduces the distance to toxic endpoint to
where the community is not impacted, the facility shall be able to utilize the
material in that quantity.
Computer models may be utilized as a tool to determine the distance a hazardous
material can travel if released to the atmosphere. Parameters such as temperature,
wind speed, atmospheric stability, and quantity released, material properties, and
type of release (e.g., pressurized gases) is considered by these models. Models
can be overlayed onto maps, which will show the distance to toxic endpoint in the
event of a release, These models can be performed under Aworst case@
meteorological conditions and chemical release. Under this situation, the
CEQA Findings of Fact
And Statement of Overriding Considerations 48
8/1/02
maximum harm potential is determined from the most sophisticated method
available to ensure community safety.
Factual Support and Rationale. Mitigation Measure HM1 has been developed in
consultation with the City of Carlsbad Fire Department and requires that the following
conditions be required of future development in the Carlsbad Oaks North Specific Plan area. As
stated above, Condition Aa@ would not permit any quantities in excess of exempt amounts of
toxic or highly toxic gases. Condition Ab@ will ensure that a risk management plan is prepared
as defined by California Health and Safety Code 25532(g). Condition Ac@ is proposed in order
to ensure that materials that are regulated as toxic or highly toxic gases do not impact the
community. Condition Ac@ requires the preparation of an Offsite Consequence Analysis (OCA)
to determine the types and quantities of materials that may be allowed in the industrial
development without impacting the surrounding residential community. With the adherence to
these conditions required by Mitigation Measure HM1 related to hazardous materials, the
potential impact related to hazardous materials between the proposed industrial and residential
uses will be less than significant.
Additionally, under the proposed Specific Plan regulations (Section I11 Development Standards
and Design Guidelines) a Planned Industrial Permit shall be required to be submitted for review
and approval by the Planning Director for all industrial lots proposed for development within the
Specific Plan area. Permitted uses identified in the Specific Plan will be limited to light- and
medium industrial uses, research and development uses, and industrial support and service uses
and professional office uses, provided that such uses are confined within a building or buildings
and do not contribute excess noise, dust, smoke, vibration, odor or toxic or noxious matter to the
surrounding environment. Uses permitted will be required to comply with the provisions of Section 21.34.090 of the PM zone of the Carlsbad Municipal Code and Specific Plan 21 1
regarding performance standards (see Section 5.1 - Land Use and Planning for a more detailed
discussion).
2.8 HydrologyNater Quality
Impact. Preliminary hydrology analysis has been conducted for the project and
drainage facilities are proposed that will control runoff. Additionally, implementation of
Mitigation Measure WQHl is proposed to ensure the impact to hydrology/drainage is reduced to
a level less than significant. Mitigation Measure WQHl requires that a detailed hydrology
analysis be prepared at the time specific developments (i.e., at the final design stage) are
submitted for review by the City, and that a drainage control system be implemented in
accordance with the recommendations of the hydrology analysis.
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 project approval, but prior to approval of final design plans within the Specific Plan area and final engineering plans for the roadways, a detailed hydrology study shall be prepared to address the specific drainage characteristics of the proposed development and supporting infrastructure. The drainage control
plan shall be implemented in accordance with the recommendations of the detailed hydrology
study and shall address on-site and off-site drainage requirements to ensure on-site runoff will
not adversely affect off-site areas.
CEQA Findings of Fact
And Statement of Overriding Considerations 49
8/1/02
Factual Support and Rationale. Mitigation Measure WQHl requires that a
detailed hydrology analysis be prepared at the time specific developments (i.e., at the final
design stage) are submitted for review by the City, and that a drainage control system be
implemented in accordance with the recommendations of the hydrology analysis.
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 carefbl review of the
grading and improvement plans, surface water and drainage patterns are protected.
After development is complete, the industrial land use areas will drain significantly more
stormwater runoff into La Mirada Creek, Agua Hedionda Creek, and eventually into Agua Hedionda Lagoon than under existing conditions. The hydrology/drainage impact is considered
significant. However, as part of the project, a drainage control plan will be implemented to
control the additional runoff. Figure 5.8-2 of the EIR depicts the post-construction stormwater
drainage plan. As depicted in Figure 5.8-2 of the EIR, two water quality basins are planned
south of the Faraday Avenue roadway extension as the majority of on-site stormwater runoff will
drain south towards La Mirada Creek and then westward to Agua Hedionda Lagoon. The
drainage control facilities have been sized and located to adequately control the increase in
runoff from the project. With installation of improvements there will be no increase in the rate
or volume of surface runoff to off-site, or downstream areas.
Additionally, as identified in Section 5.12-Public Services and Utilities of the EIR, the project
will be required to comply with the Local Facilities Management Plan 16 (LFMP 16)
requirement that major drainage facilities must be provided prior to or concurrent with
development.@
Impact. Pollutant discharges in surface water runoff associated with the
industrial land used may contribute to an exceedance of applicable surface receiving water
quality objectives or degradation of beneficial uses. Table 5.8-2 of the EIR depicts typical
pollutant loads based on a commerciaVoffice/industrial development with 70 to 90%
imperviousness. The water quality impact associated with industrial development 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 WQH2. 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
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
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 50
source and treatment control based BMPs such as: 1) Non-stormwater discharges; 2) Vehicle and
equipment fueling, cleaning and maintenance; 3) Material management and storage; 4) Waste
handling and disposal; 5) Wet ponds; 6) Constructed wetlands; 7) OiVwater separators and water
quality inlets and/or 8) A combination of source and treatment control BMP options.
Factual Support and Rationale. 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. However, industrial land uses that meet the
minimum conditions of Acategory 10 Dischargers@(light industrial) as defined in Order No. 97-
03-DWQ are not subject to this Order. Further, the project proponent has prepared a Concept
Water Quality Plan to assist in defining the permit requirements needed for the planned industrial land uses. The Concept Water Quality Plan is contained in Appendix I of the EIR. The Plan
includes BMP design criteria, BMP results, and BMP industrial plan implementation (source and
treatment control options as discussed below). Based on the Atypical contaminant removal@
percentages identified in Table 5.8-3 of the EIR, the BMPs identified in the Plan would remove
up to 100 percent of the suspended solid contaminants discharged into runoff from the industrial
areas of the project site.
Mitigation Measure WQH2 requires that all requirements contained in the Concept Water
Quality Plan be implemented. The BMP Plan Options address the use of treatment control
methods using source control and treatment control based BMPs such as: 1) Non-stormwater
discharges; 2) Vehicle and equipment fueling, cleaning and maintenance; 3) Material
management and storage; 4) Waste handling and disposal; 5) Wet ponds; 6) Constructed
wetlands; 7) OiVwater separators and water quality inlets and/or 8) A combination of source and
treatment control BMP options.
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 now becomes part of the NPDES Permit
CA 0108758. As such, the storm water discharge standards and requirements for new
development have been significantly increased. The Proposed Project has anticipated 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 fkom 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 Agua Hedionda 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.
2.9 Cultural Resources.
CEQA Findings of Fact
And Statement of Oveniding Considerations 51
8/1/02
Impact. Cultural sites identified as significant that would be impacted by the
proposed project are: Temp 1, Temp 2, Temp 8, SDI-5231, and SDI-2776. The project=s impact
to these archeological resources is considered significant due to their potential to expand the
understanding of the subsistence patterns of the late prehistoric Luiseiio people in the Carlsbad area.
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 City of Carlsbad requires the mitigation of significantly
impacted archaeological sites Temp 1, Temp 2, Temp 8, SDI-523 1, and SDI-2776 through the
following measure:
c1. A data recovery program shall be completed for any significant archaeological site
impacted by the project 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 that addresses the
important research questions. In addition, monitoring of brushing, grading, and trenching
shall be required during the construction of the project in order to identify any significant
components of the site that were not observed during data recovery excavations.
Monitoring will also focus on any potential to discover sites that were not identified in
the previous surveys due to them being buried or masked from view. Any previously
unrecorded sites discovered during brushing, grading, or trenching will require
significance evaluation and, if found to be important, mitigation applied before grading
can resume at the location of the discovery. All artifacts and data collected from the
testing and mitigation work for the project will be submitted to the San Diego
Archaeological Center for permanent curation. The City of Carlsbad will be responsible
for the funding of this curation program.
Factual Support and Rationale. The impacted archaeological sites 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. (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.
Because these sites are important due to their research potential, mitigation of impacts can be achieved by exhausting the research potential of the significant sites through implementation of a
program to recover artifacts and data representative of the occupation of the sites. Mitigation
Measure C1 requires that a data recovery program be conducted for each significant
archaeological site impacted by the proposed project.
Avoidance of the significant impact could be achieved through avoidance of the significant sites
during construction and operation of the proposed project. However, this measure is infeasible
as the planned industrial development, and the road and sewer alignments are constrained by
various factors including geotechnical and engineering feasibility, biology, and hydrology.
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 52
2.10 Paleontological Resources
Impact. Implementation of the proposed project will require earthwork that will disturb the Santiago Formation in the southern portion of the project area, the Point Loma Formation in the western portion of the project area, and the Lusardi Formation in the
central areas of the property (generally following the proposed alignment of Faraday Avenue).
Because the proposed project will disturb geological deposits that have a moderate (Lusardi) and
high (Point Loma and Santiago) potential for producing significant paleontological resources, the
proposed project will result in a significant impact to 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 PR1. Prior to site grading, a qualified paleontologist shall
be retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined
as an individual with an MS or Ph.D. in paleontology or geology who is familiar with
paleontological procedures and techniques.)
$ The qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
$ A paleontological monitor shall be on-site a minimum of half-time during the original
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, this 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, repaired, 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 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
CEQA Findings of Fact
And Statement of Overriding Considerations 53
81 1 102
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
if resources 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.
2.1 1 Aesthetics
Impact. The views of the several homes located on the southern portion of
Brookhaven Pass that can currently view the project site will be altered.
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. AE1. The following measures shall apply to all lots
visible from Faraday Avenue and El Fuerte Street, as well as Lots #8, #13, and #17:
$ Prohibit placement of mechanical equipment on roofs unless the project incorporates architectural treatment consisting of architectural elements or building parapets that
are of sufficient height and design to screen future mechanical roof equipment;
$ Prohibit installation of roof screens other than building parapets or architectural
elements that are integrated into the architectural design of buildings;
$ Prohibit loading bays that are visible from Faraday Avenue and El Fuerte Street;
$ Require enhanced architectural treatment of all building elevations that are visible
from Faraday Avenue and El Fuerte Street.
Factual Support and Rationale. The bulk of the buildings on the project area
will not be visible from the backyards of homes on Brookhaven Pass with the implementation of
proposed landscape screening and block wall at the top of the slope, the existence of the
manufactured slope itself, implementation of the 75 to 150-foot building setback (as required in
Mitigation Measure LUl of this EIR). Also, Mitigation Measure AE1 is proposed to ensure that
all mechanical equipment on roofs are screened from view.
Impact. The Scenic Corridor Guidelines identify Palomar Airport Road and El
Camino Real as Acommunity theme corridors,@ and Cannon Road and Faraday Avenue are identified as Acommunity scenic corridors.”
CEQA Findings of Fact
And Statement of Overriding Considerations 54
8/1/02
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 AE1. The following measures shall apply to all lots visible
from Faraday Avenue and El Fuerte Street, as well as Lots #8, #13, and #17:
$ Prohibit placement of mechanical equipment on roofs unless the project incorporates
architectural treatment consisting of architectural elements or building parapets that
are of sufficient height and design to screen hture mechanical roof equipment;
$ Prohibit installation of roof screens other than building parapets or architectural
elements that are integrated into the architectural design of buildings;
$ Prohibit loading bays that are visible from Faraday Avenue and El Fuerte Street;
$ Require enhanced architectural treatment of all building elevations that are visible
from Faraday Avenue and El Fuerte Street.
Factual Support and Rationale. As required by the Scenic Corridor Guidelines,
specific planning considerations need to be incorporated into right-of-way treatments, and the
preservation of scenic views. A 50-foot landscaped setback is planned along El Fuerte Street and
Faraday Avenue. Interior streets shall include a 25 to 35-foot wide landscape easement. These
setbacks are consistent with the right-of-way treatment guidelines identified in the Scenic
Corridor Guidelines and will allow for the enhancement of landscaping along these corridors.
The Carlsbad Oaks North Specific Plan proposes other development standards and design criteria
that are consistent with the El Fuerte Street and Faraday Avenue Scenic Corridor Development
Standards. Design criteria associated with El Fuerte Street and Faraday Avenue includes entry
treatments, streetscape and street-side setbacks, interior slopes and setbacks, parking areas,
passive open space use areas and eating areas, perimeter screening, and naturalizing/exterior
slope. Implementation of Mitigation Measure AE1 will ensure that rooflop mechanical
equipment and loading bays are not visible from Faraday Avenue or El Fuerte Street, and that
buildings fronting these roadways are designed with enhanced architectural treatments.
Impact. The proposed project will introduce new light and potential
sources of glare in the project area.
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 AE2. Any future development of Lots #8, #13, and #17 shall comply with the outdoor lighting standards of the Carlsbad Oaks North Specific
Plan, Part 111, Section R. A separate lighting plan shall be prepared for each perimeter lot
abutting residential land uses or open space to ensure that no off-site spillage will occur.
Factual Support and Rationale. The project will be required to comply with City standards regarding building and street lighting, as well as architectural design criteria for planned industrial uses in order to avoid impacting sensitive land uses (residential) east of the site. The development standards and design guidelines proposed in the Specific Plan require that
all outdoor lighting be designed to reflect downward and that lighting shall be directed away
from the residential neighborhood to the east to avoid impacts to adjacent homes or property.
CEQA Findings of Fact 81 1 I02
And Statement of Overriding Considerations 55
Mitigation Measure AE2 is proposed to ensure compliance with this standard of the Specific
Plan. (See Carlsbad Oaks North Specific Plan, Part 111, Section Q.)
The sensitive land uses immediately adjacent to and east of the project areas would not be
impacted by intense glare associated with reflective building materials as the proposed industrial
buildings would be setback a minimum of 75 to150 feet (as required by Mitigation Measure
LU1) from the residential uses and at a lower elevation relative to the proposed project industrial
uses.
2.12 Public Services and Utilities
Impact. The construction and operation of the circulation arterial roadways,
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 Specific Plan. The
physical environmental impacts associated with the construction of the circulation arterial
roadways, 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 circulation arterial roadways, 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. Construction related Mitigation Measures identified in
Sections 5.3 Air Quality, 5.4 Noise, 5.5 Biological Resources, 5.6 Geology/Soils, 5.8
HydrologyhVater Quality and 5.9 Cultural Resources and 5.10 Paleontological Resources will
reduce the impact to the construction of public 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 of new
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 from the construction and operation of these facilities.
3. FINDINGS CONCERNING FEASIBILITY OF PROJECT ALTERNATIVES
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 521002):
“[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 Wher finds and declares that in event specific economic, social, or other
CEQA Findings of Fact 81 1 I02
And Statement of Overriding Considerations 56
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 TrafficKirculation.
- Direct and Cumulative Impact to Air Quality.
- Direct Impact to Biological Resources.
The determination of the infeasibility of alternatives is necessarily an evaluation of the
many elements of specific economic, social or other considerations. (Guidelines $15091).
Elsewhere in the Guidelines $15364, “feasible” is defined as “...capable of being accomplished
in a successful manner within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors.” At the same time, infeasibility is not
equated with impossibility and case law recognizes that an alternative or mitigation measure may
also be infeasible if it is undesirable or impractical from a policy standpoint. As an example, a
conflict between project alternatives and a city’s growth management policies and programs
supported a finding of infeasibility in City of Del Mar v. City of San Diego (1982) 133 CA3d
401. The Court went on to describe the alternatives analysis under CEQA necessarily involves
the balancing of economic, environmental, social and technological factors within the province
of the decision makers.
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 3-4 and 3-5 of the
FPEIR as follows:
The following objectives have been identified by the City of Carlsbad for the proposed project:
$ Strengthen the City=s tax base and provide increased job opportunities for local
residents through the provision of employment-generating uses.
$ Establish an attractive industrial development that will blend the natural and built
environment and create a high quality industrial development.
$ Create an open space system that protects and conserves the natural resources while encouraging public awareness and appreciation of the fragile ecological areas surrounding the La Mirada Creek and Agua Hedionda Lagoon.
$ Provide for the design, development and operation of a light industrial complex consisting of industrial, research and development, office, and open space uses.
$ Ensure an industrial development that conforms to community goals and values and
the protection of adjacent land uses from incompatibility.
CEQA Findings of Fact
And Statement of Overriding Considerations 57
8/1/02
Implement the provisions of the City of Carlsbad General Plan.
Develop the Specific Plan in conformance with the City=s Growth Management Plan.
Develop the property with a land use that is compatible with the McClellan-Palomar
Airport Comprehensive Land Use Plan.
Provide for abundant open space that will: protect the large open space habitat
corridor that is located within the project area, provide visual relief to the industrial
park, as well as a sense of natural spaciousness.
Encourage the use of alternative modes of transportation through the provision of a
pedestrian circulation system which is both safe and comfortable.
Create an open space system that is consistent with the Preserve areas of the City=s
Draft Habitat Management Plan.
Businesses within the Carlsbad Oaks North Specific Plan should provide a range of job types for the community=s residents.
Provide a setback and buffer from the Dawson-Los Monos Canyon Reserve.
Provide a circulation system that facilitates movement and access needs of
automobiles, pedestrians, and bicyclists.
Minimize impacts to the adjacent residential development.
Construct the final link of Faraday Avenue as a Secondary Arterial between the
existing terminus in Carlsbad at Orion Street to its existing terminus in the City of
Vista immediately west of Melrose Drive.
Construct El Fuerte Street as a Secondary Arterial from its existing northern terminus
to Faraday Avenue.
Minimize impacts from construction of the roadways to sensitive biological
resources.
Construct Reaches SAHTlA through D of the South Agua Hedionda Sewer
Interceptor as identified in the Municipal Water District Sewer Master Plan.
Minimize impacts from construction of the sewer to sensitive biological resources.
3.2 Findings on Project Alternatives
The Final Program EIR evaluated a range of potential project alternatives. The project
alternatives included:
1. Alternative A - No Project/Existing General Plan Alternative
2. Alternative B - Alternative RoadwayBewer Alignment
3. Alternative C - Reduced Development Areahtensity
4. Alternative D - Roadway Bridge
CEQA Findings of Fact
And Statement of Overriding Considerations 58
8/1/02
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.
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 ProjecthIxisting General Plan Alternative. (FPEIR Section 6.1)
The State CEQA Guidelines require analysis of the No Project Alternative (Public
Resources Code Section 15126). According to Section 15 126.6(e), Athe specific alternative of >no project= shall also be evaluated along with its impact. The >no project= analysis shall
discuss the existing conditions at the time the notice of preparation is published, at the time
environmental analysis is commenced, as well as what would be reasonably expected to occur in
the foreseeable future if the project were not approved, based on current plans and consistent
with available infrastructure and community services.@
The Existing General Plan Alternative assumes that the Specific Plan portion of the project area
would be developed pursuant to the existing adopted City of Carlsbad General Plan land use
designations and development footprint. Figure 6-1 of the EIR depicts Alternative A. Table 6-2
of the EIR provides a comparison of Alternative A to the proposed project. As with the proposed
project, the existing General Plan land use designations of the Specific Plan area are Planned
Industrial and Open Space; however, under the this alternative approximately 220.8 acres would
be developed with industrial uses and approximately 175.2 acres would be remain in open space.
The remaining portion would be developed with supporting infrastructure (i.e. external
roadways).
As shown in Figure 6-1 of the EIR, this alternative allows more of the project area to be developed. Under this Alternative, the Faraday Avenue and South Agua Hedionda Sewer (gravity flow) alignments are the same as the proposed project. However, as with the proposed
project a force-main sewer alignment alternative is also an option. Under this option, the sewer
would be carried in Faraday Avenue all the way to El Camino Real and then head north to
connect with the existing South Agua Hedionda gravity main. If the force-main option were
implemented, a sewer pump station would be constructed. Also, a gravity sewer would be
constructed in the dirt road south of the La Mirada Creek to pick up sewer flow from the
Raceway sewer basin.
(a) This alternative would result in greater impacts to land use and planning,
transportatiodtraffic, air quality, noise, biological resources, hydrology/water quality,
paleontological resources, aesthetics, and public services and utilities. The No ProjectExisting
General Plan alternative will result in similar impacts with respect to geology/soils, hazards and
CEQA Findings of Fact 8/1/02
And Statement of Overriding Considerations 59
hazardous materials, and cultural resources. The scope and range of mitigation measure would
remain the same for the No ProjecVExisting General Plan alternative compared to the Proposed
Project and therefore the alternative does not incorporate significant environmental advantages
overall.
(b) Implementation of the No ProjectExisting 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 meet most of the basic objectives of the Project.
3.2.2 Alternative Roadway/Sewer Alignment. (FPEIR Section 6.2)
Figure 6-2 of the EIR depicts Alternative B. Under this alternative approximately 164.3
acres would be developed with industrial uses and approximately 222 acres would be remain in
open space. The remaining portion would be developed with supporting infrastructure (i.e.
external roadways).
Under this Alternative, the Faraday Avenue roadway extension bisects the lower portion of the
Specific Plan pad-area and the Agua Hedionda sewer extension (gravity flow) is Abenched@ at
the base of the slopes of lots #5,# 6, and #9. As the sewer moves west, past lot #5 it will be
located in the Faraday Avenue right-of-way before it continues northwest towards Sunny Creek
Road. Implementation of this alternative would require significantly more grading than the
proposed project - approximately 400,000 cubic yards more grading than the proposed project.
As with the proposed project a force-main sewer alignment alternative is also an option.
However, as with the proposed project a force-main sewer alignment alternative is also an
option. Under this option, the sewer would be carried in Faraday Avenue all the way to El
Camino Real and then head north to connect with the existing South Agua Hedionda gravity
main. If the force-main option is implemented, a sewer pump station would be constructed at
Lot #9 in the Specific Plan area. Also, a gravity sewer would be constructed in the dirt road
south of the La Mirada Creek to pick up sewer flow fiom the Raceway sewer basin.
(a) This alternative would result in greater impacts to air quality, noise, paleontological
resources, and aesthetics. Implementation of this alternative would require approximately
400,000 cubic yards of grading more than would be required under the proposed project.
3.2.3 Reduced Development Area/Intensity. (FPEIR Section 6.3)
Figure 6-3 depicts Alternative C. Under this alternative approximately 128 acres would
be developed with industrial uses and approximately 260 acres would be remain in open space.
The main characteristic of this alternative is that the western portion (Lot #24) of the proposed
project would not be developed with industrial uses and would remain in open space. The remaining portion would be developed with supporting infrastructure (i.e. external roadways).
As shown in Figure 6-3, this alternative involves the same alignment of Faraday Avenue as the
proposed project. The sewer alignment is also the same alignment as the proposed project.
However, as with the proposed project a force-main sewer alignment alternative is also an
option. Under this option, the sewer would be carried in Faraday Avenue all the way to El
CEQA Findings of Fact 8/ 1/02
And Statement of Overriding Considerations 60
Camino Real and then head north to connect with the existing South Agua Hedionda gravity
main. If the force-main option is implemented, a sewer pump station would be constructed at
Lot #9 in the Specific Plan area. Also, a gravity sewer would be constructed in the dirt road
south of the La Mirada Creek to pick up sewer flow from the Raceway sewer basin.
(a) This alternative would incrementally reduce the impact to transportatiodtraffic and
air quality, although these impacts would be significant and unavoidable. The Alternative Land
Use Plan C would also have fewer noise, biological resources, hydrology/water quality, cultural
resources, paleontological resources, aesthetics, and public services and utilities impacts. This
alternative will result in similar impacts with respect to land use, geologyhoils, and hazards and
hazardous materials. Under the proposed project, all impacts to biological resources can be
mitigated, with the exception of the northern harrier; however, under this alternative, the impact
to the northern harrier would remain significant and unavoidable as well.
(b) The Alternative Land Use Plan C 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 City.
This would further exacerbate housing costs in the Carlsbad area for existing and future
residents.
(c) The City’s efforts to provide a balance of jobs and housing opportunities would be
adversely affected as Alternative Land Use Plan C would not provide as much of the 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.
(d) The Alternative Land Use Plan C would result in less of revenue generating
development. The City, by not benefitting fi-om 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 finds 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
funding mechanism would be jeopardized.
3.2.4 Alternative D - Roadway Bridge. (FPEIR Section 6.4)
Under the proposed project and the previously discussed alternatives, a culvert is planned
to convey water under the Faraday Avenue roadway extension at the point where Faraday
Avenue is planned to cross over La Mirada Creek. Also, under the proposed project, a 24’-wide
by 12‘ high wildlife undercrossing would be provided at this location. The Roadway Bridge
Alternative proposes a bridge instead of a culvert at this location. Figure 6-4 of the EIR depicts
the Roadway Bridge Alternative.
CEQA Findings of Fact
And Statement of Overriding Considerations 61
8/1/02
The primary biological benefit of this design is that it would allow wildlife movement to
continue with less visual restriction or constriction beneath the Faraday Avenue extension.
Bridges afford animals a better view of habitat before they commit to moving through, and thus
also foster more frequent and efficient movement. A bridge crossing would result in less of an incumbrance to wildlife movement, but would not alter the determination of significance since a
large diameter culvert is considered adequate to address the specific corridor requirements at this
site. A bridge design option would require the construction of a separate berm structure
upstream or downstream of the bridge to serve as a retention basin dam. This separate structure
would result in additional habitat impacts while improving the functionality of the crossing
design. The bridge alternative is addressed elsewhere under the alternatives section of this
document.
(a) The primary biological benefit of this design is that it would allow wildlife
movement to continue with less visual restriction or constriction beneath the Faraday Avenue
extension. Bridges afford animals a better view of habitat before they commit to moving
through, and thus also foster more frequent and efficient movement. A bridge crossing would
result in less of an incumbrance to wildlife movement, but would not alter the determination of
significance since a large diameter culvert is considered adequate to address the specific corridor
requirements at this site. A bridge design option would require the construction of a separate
berm structure upstream or downstream of the bridge to serve as a retention basin dam. This
separate structure would result in additional habitat impacts while improving the functionality of
the crossing design.
4. STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA Guideline $j 15093)
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 and
traffic, and a direct impact on biological reosurces. 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 air
quality and traffic 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 justiQ its conclusion to approve such a project
through the statement of overriding considerations setting forth the Proposed Project’s general
CEQA Findings of Fact
And Statement of Overriding Considerations 62
8/1/02
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 justifjmg 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 industrial development and open space, as well
as critical infrastructure.
B. Growth Management Promam; Zoning. The Proposed Project is fully consistent with
the density limitations, including the Growth Management control point, 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 public facilities performance standards of the City’s Growth Management
Program.
C. Employment Opportunities. The Proposed Project will have a 194-acre business park,
with a projected 1,921,000 square feet of industrial uses with potential for creation of high salary
jobs, located adjacent to the City’s major industriaVoffice area. This industrial development will
assist Carlsbad in providing sufficient and desirable employment opportunities for existing and
future residents and improve the jobshousing balance.
D. Open Space. Approximately 220 acres or (53 %) of the Carlsbad Oaks North Specific
Plan consists of Open Space. The open space consists of: a) open space for the preservation of
natural resources; and, b) open space for public health and safety; recreation areas, trails; and
landscaped parkways.
E. Citywide Road Network Improvements. The Proposed Project will construct the final
link of Faraday Avenue, a critical east/west circulation element road. The Proposed Project will
also construct a link of El Fuerte Street a critical northkouth circulation element road.
F. South Agua Hedionda Interceptor Sewer. The Proposed Project will construct Reaches
SAHI1 A through D of the South Agua Hedionda Sewer.
G. General Fund. The approval of this project would result in an increased generation of
real property tax revenue for the City of Carlsbad. The City would receive real property tax
increment revenues attributable to the increased value of improved real property associated with
the dwelling units for the project. Based on the assessed value of the land with implementation
of the proposed improvement and standard tax rates, the project would contribute substantial
total property tax dollars. A portion of these property taxes would be paid to the City. It should
be noted that the estimated real estate values and the tax rate used to calculate the property tax
are subject to change. Additional revenue contributions would also be generated by increased
sales tax, vehicle license in-lieu fees, real property transfer taxes, other state subventions, and
business license taxes.
CEQA Findings of Fact
And Statement of Overriding Considerations 63
8/1/02
PAGE UAUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
I Impact
5.1 Land Use Compal
A significant impact
has been identified
between the proposed industrial land uses
and the existing
residential
development east of
the project site.
Responsible
Mitigation Measures Monitoring Party
Required Time
Of Application Monitoring Notes Completion Date Frequency
Status Shown on Plans/
Bility
LU1. A minimum 75 to 150-foot building
LU2.
setback (including ancillary strucl&es,
loading zones, trash enclosures, refuse
collection areas) shall be required
between Lots #8, #13, and #17 of the
Specific Plan and the eastern boundary.
This setback shall include the proposed
60-foot minimum landscape buffer and
construction of a block wall at the top
of the slope or berm as identified in the
Specific Plan.
Each Planned Industrial Permit or a
Conditional Use Permit for any future
facility proposed on Lots #8, #13, and
# 17 shall be reviewed for strict
compliance with the performance
standards established in the Carlsbad
Oaks North Specific Plan (Section I11
Development Standards and Design
Guidelines, subsections 0, P, Q, and
R). Measures to achieve these
performance standards and thereby
avoid potential conflicts between the
Planned Industrial development and
the existing residential development
(with respect to such issues as noise,
lighting, air quality, and safety) shall
be implemented as necessary. Specific
measures would be determined and
implemented as part of the
City of Carlsbad
Planning
Department
City of Carlsbad
Department
Planning
Once, upon
completion.
At the time of
application for
Planned
Industrial
Permit or
Conditional Use
Permit.
Once, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
1
PAGE 2/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Notes Completion Date Frequency Of Application Party
discretionary review of a Planned
Industrial Permit or a Conditional Use
Permit and could include, but not be
limited to, restriction of certain types
of uses and hours of operations,
building and loading bay placement,
enhanced landscaping, and directional
lighting.
5.2 TransportatiodI'ra I i Implementation of
the-proposed project
will result in a
significant impact to
the following
intersections:
- Melrose Drive/
Palomar Airport - Palomar Airport
Roam1 Fuerte
Street - Melrose Drive/
Rancho Santa Fe
Road - Melrose
Drive/Alga Road - Aviara-Algal
Camino Real - Melrose
Drive/Sunset
Avenue
MC
#20 Melrose/PAR
T1. Prior to approval of Final Map or
Grading Permit, whichever occurs first,
for any portion of the development that
would generate traffic, the applicant shall
provide for the design and construction
of the improvement of intersection #20
MelrosePalomar Airport Road as
illustrated on Figure 5.2-3E of this EIR.
Proof of design, bonds, and construction
schedule shall be submitted to the City of
Carlsbad before issuance of any building
permit.
City of Carlsbad
Engineering
Department
Prior to
approval of
Final Map,
Grading Permit
or Building
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name
PAGE 3/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
- Melrose
Drivel
Sycamore - Melrose Drive/
Park Center
Ramps/El Camino
Real - san
MarcoslGrand
Avenue
Sycamore
- SR78WB
- SR 78 EB Ramps/
M7 PAR/EI Fuerte
T2. Prior to approval of Final Map,
Grading Permit, or Building Permit,
whichever occurs first, for any portion
of the development that would
generate traffic, the applicant shall
provide for the design and construction
of the improvement of intersection #47
Palomar Airport Roam1 Fuerte as
illustrated on Figure 5.2-3L of this
EIR. Proof of design, bonds, and
construction schedule shall be
submitted to the City of Carlsbad
before issuance of any building permit.
City of Carlsbad
Engineering
Department
Prior to
approval of
Final Map,
Grading Permit
or Building
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name
PAGE 4/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
#22 Melrose/Rancho Santa Fe
T3. Prior to approval of Final Map, Grading
Permit, or Building Permit, whichever
occurs first, for any portion of the
development that would generate traffic,
the applicant shall pay a “fair share”
contribution as determined by the City of
Carlsbad for the improvement of
intersection #22 MelroseiRancho Santa
Fe as illustrated on Figure 5.2-3F of this
EIR. Proof of payment of this fair share
contribution shall be submitted to the
City of Carlsbad prior to issuance of any
building permit.
#21 Melrose/Alga
T4. Prior to approval of Final Map,
Grading Permit, or Building Permit,
whichever occurs first, for any portion
of the development that would
generate trafflc, the applicant shall pay
a “fair share” contribution as
determined by the City of Carlsbad for
the improvement of intersection #2 1
Melrose/Alga as illustrated on Figure
5.2-3F of this EIR. Proof of payment
of this fair share contribution shall be
submitted to the City of Carlsbad prior
to issuance of any building permit.
City of Carlsbad
Engineering
Department
City of Carlsbad
Engineering
Department
Prior to
approval of
Final Map,
Grading Permit
or Building
Permit.
Prior to
approval of
Final LMap,
Grading Permit
or Building
Permit.
Once, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE S/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
L
Construction
Impacts
The site preparation
and grading activities
associated with the
proposed project will
exceed the SDAPCD
Rule 20.2
construction emission
thresholds, which is
considered a
significant impact.
#28 Aviara-Alga/ECR
T5. Prior to approval of Final Map,
Grading Permit, or Building Permit,
whichever occurs first, for any portion
of the development that would
generate traffic, the applicant shall pay
a "fair share" contribution as
determined by the City of Carlsbad for
the improvement of intersection #28
Algal Camino Real as illustrated on
Figure 5.2-3G of this EIR. Proof of
payment of this fair share contribution
shall be submitted to the City of
Carlsbad prior to issuance of any
building permit.
AQ1. During the clearing, grading, earth
moving or excavation on 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;
0 SDread soil binders:
City of Carlsbad
Engineering
Department
City of Carlsbad
Planning
Department
Prior to
approval of
Final Lmap,
Grading Permit
or Building
Permit.
During
construction.
Once, upon
completion.
During
construction.
Completion:
Date
Initials
Name
Completion:
Date Initials
PAGE 6/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
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 pickup 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;
Soil erosion measures;
Water exposed surfaces two times
per day;
Reduce speeds on unpaved roads
to 15 mph or less; and
Water haul roads two times per
day.
PAGE 7/AUGUST 1,2002
CAFUSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Of Application Party
Required Time Monitoring Mitigation Measures
Rock Crushing
The potential for dust
emissions from rock
crushing activities is
considered a
significant impact.
Project Operations
Impacts
The long-term air
pollutant emissions
associated with
operation of the
project in year 2005
and 2020 will exceed
threshold criteria for
all four of the
pollutant categories,
CO, ROG, NO,, and
PM10, which is
considered a
significant impact.
AQ2. During rock crushing activities, Best
Available Control Technology (BACT)
techniques, such as: misting along the
conveyor feeds for the crusher; wetting
of stockpiles; and limited crusher
activities when wind speeds are in
excess of 25 mph shall be used to
control dust emissions.
AQ3. The following measures shall be
implemented as feasible for all
subsequent development projects
within the project area as identified in
the City of Carlsbad General Plan Final
Master Environmental Impact Report:
Provide within the proposed
development, a commercial site
designated to serve the
commercial needs of the occupants
of the business park.
Oaks North shall provide traffic
control devices along all roadway
segments and at intersections and
interconnect and synchronize the
operation of traffic signals along
arterial streets, whenever feasible.
Development within Carlsbad
City of Carlsbad
Planning
Department
City of Carlsbad
Planning
Department
Prior to
issuance of a
grading permit.
At the time
subsequent
development
plans are
proposed.
I I I
Monitoring Notes Completion Date Frequency
Status Shown on Plans/
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 8/AUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Development and businesses
within Carlsbad Oaks North shall
encourage commuter usage of .
busses, carpools and vanpools.
Provide, whenever possible,
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 Carlsbad
Oaks North shall provide shade
trees to reduce building heating
(cooling) needs.
Development within Carlsbad
Oaks North shall use energy
efficient low-sodium parking lot
lights.
Development within Carlsbad
Oaks North shall use light colored
roof materials to reflect heat.
PAGE 9/AUGUST 1,1002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Mitigation Measures Status Shown on Plans/ Monitoring Required Time Monitoring
Party Notes Completion Date Frequency Of Application
I
1
1
1
I
I
1
I
-
i
Blasting and Rock
Crushing
Significant noise
impacts to off-site
land uses associated
with blasting and
rock crushing could
occur if the blasting
locations and rock
crushing activities
were relocated from
their currently
proposed locations.
N1. Prior to blasting, a blasting schedule
shall be prepared by the project
applicant and submitted to and
approved by the City Engineer.
N2. The blasting contractor shall notify the
Carlsbad Police Department and the
County Sheriffs Department prior to
commencing any blasting activities.
City of Carlsbad
Engineering
Department
Blasting
Contractor
Prior to
blasting.
Prior to
blasting.
Once, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 1 O/AUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
N3. The project proponent shall give a one-
time notice in writing to residences
within 1,000 feet of a potential major
blast operation as well as the Dawson
Los Manos Canyon Reserve. The
notice shall disclose the anticipated
blasting schedule and provide a contact
phone number for the blasting
contractor.
N4. A pre-blast inspection of existing
structures within 300 feet of any
proposed detonation shall be conducted
by an inspector approved by the
Carlsbad Police Department, the San
Diego County Sheriffs Department
and the City of Carlsbad Building
Department.
Project Proponent
City of Carlsbad
Building
Department
Prior to
blasting.
Prior to
blasting.
Once, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 1 UAUGUST 1,’2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
N5. The project shall conform to the San
Diego County Blasting Ordinance Title
3, Division 5, Chapter I11 County Code
of Regulatory Ordinance Sections
35.377.101-104,35.377.301(a) and
35.377.307 to reduce the temporary
noise impacts due to blasting and
Section 8.48.010 of the City’s
Municipal Code limiting allowable
hours of activities. The allowable
hours of activities associated with
blasting are 9:00 am to 4:30 pm, or
one-half hour before sunset, whichever
comes first, Monday through Friday.
No blasting is allowed on weekends
nor on the holidays specified in Section
8.48.01 of the City’s Municipal Code.
N6. A blasting report shall be submitted to
the City Engineer prior to any blasting
activities. The report shall conform to
the San Diego County Blasting
Ordinance (Division 5, Title 3, Section
35) and vibration standards
promulgated by the U.S. Bureau of
Mines.
City of Carlsbad
Planning
Department
City of Carlsbad
Engineering
Department
During blasting.
Prior to
blasting.
During
construction.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 12/AUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Year 2020 + Project
Traffic Related
Noise
The 3.0 dBA increase
in noise levels along
Faraday Avenue west
of Melrose Drive will
result in a significant
impact to the single-
family residences
located within
approximately 135
feet of the roadway
centerline.
N7. No rock crushing activities shall be
allowed within 850 feet of: 1) the
Dawson Los Monos Reserve located to
the north of the project area; and 2) the
residential uses located to the east of
the project area. Compliance with this
measure shall be enforced by the City
of Carlsbad Public Works Department.
NS. Prior to issuance of a grading permit, the
developer shall have an acoustical study
prepared by a certified acoustician
(subject to City approval) to determine
the proper location, height, and
configuration of any additional noise
barrier (e.g., wall or berm) to protect the
residences located within 135 feet of
Faraday Avenue west of Melrose Drive
and east of El Fuerte Street fiom noise
levels in excess of 65 dBA. The
developer shall make a written offer to
impacted properly owners to install a
noise barrier approved by the Planning
Director at the size and location specified
by the acoustical analysis. Installation
shall be required prior to the opening of
Faraday Avenue unless proof is provided
by the developer that a property owner
has rejected the proposed noise barrier.
City of Carlsbad
Planning
Department
City of Carlsbad
Planning
Department
Prior to
blasting.
Prior to
issuance of a
grading permit
Once, upon
completion.
Once, upon
completion
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 13/AUGUST 1 ,'2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Sensitive Vegetation
Implementation of
the proposed project
will impact sensitive
habitats including:
0.9 acres of live oak
woodland, 0.2 acres
live oak riparian
forest, 10.9 acres
southern maritime
chaparralhuttall's
scrub oak, 0.6 acres
valley needlegrass,
83.9 acres coastal
sage scrub, 4.0 acres
coyote brush scrub,
2.2 acres coastal sage
scrub-chapparal
scrub, 101 acres
southern mixed
chaparral, 2 1.7 acres
non-native grassland,
and 2.8 acres of
wetlands.
L
BR1.
BR2.
The project proponents shall mitigate
all significant impacts to upland habitat
in accordance with the mitigation
ratios identified in Table 5.5-4. Proof
of implementation of this mitigation
shall be provided prior to grading or
vegetation removal on the project site
and shall be subject to the review and
approval of the City of Carlsbad
Planning Department. The mitigation
can occur on dedicated lands not
proposed for development within the
project site, so long as viable
connectivity to the principal open
space lands are maintained. Mitigation
can also occur in approved regional
land banks with agency approval.
Prior to the removal of vegetation
(issuance of grading permit) the
Developer shall encumber Open Space
lots and mitigation lands with a
conservation easement in favor of
CDFG, and prior to final map the
Developer shall grant to the City an
Irrevocable Offer to dedicate fee title
of Open Space Lots 10, 1 1, and 12 to
be accepted by the City upon
completion of grading and
immovements. The Citv shall transfer -L
City of Carlsbad Prior to
Planning issuance of a
Department
City of Carlsbad Prior to
Planning issuance of a
Department grading permit.
Fie, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
PAGE 14/AUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Sensitive Plants
Although populations
of clay bindweed,
San Diego thornmint,
and thread-leaf
brodiaea are outside
of the proposed
impact area, indirect
impacts could occur
due to habitat
intrusion associated
with increased human
foot and bicycle
traffic.
the fee title to a natural lands
management entity for perpetual
maintenance. The natural lands
management entity selected must have
an open space management plan that is
acceptable to the wildlife agencies and
approved by the City. Simultaneous
with the transfer of ownership of open
space to the City, the Developer shall
provide fimding or other acceptable
financial mechanism to provide for
management and conservation in
perpetuity.
BR3. Although populations of clay
bindweed, San Diego thornmint, and
thread-leaf brodiaea are outside of the
proposed impact area, indirect impacts
could occur due to habitat intrusion
associated with increased human foot
and bicycle traffic. A low split rail
fence should be installed on the
borders of the trails in areas adjacent to
these sensitive plant populations.
Management efforts for the San Diego
Goldenstar shall be undertaken to
search clay soils in the area of the
known occurrence of this species
during site clearing and grubbing. To
the extent feasible, all bulbs and corms shall be salvaged from the soil and
transplanted into suitable clay soils
City of Carlsbad
Planning
Department
Prior to
approval of
Building
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name
PAGE 15/AUGUST 1 ,I2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
-
- Wetlands
Approximately 2.4
acres of wetlands will
be impacted by the
proposed project.
- I
located elsewhere in the open space.
Transplant receiver areas shall be
managed and fenced, as appropriate in
a manner similar to the known existing
occurrence of rare plants discussed
previously. These measures are
expected to support the goal of
reducing detrimental edge effects for
these species that will ultimately be
required as an element of the area
specific management plans to be
prepared for lands included in the
MHCP preserves, including the on-site
open space to be conserved as a part of
this project.
BR4. The project proponents shall mitigate
wetland impacts on-site per the
mitigation ratios in Table 5.5-4 or the
final mitigation ratios determined
during state and federal permit
negotiations, whichever are greater.
The mitigation shall result in no-net-
loss of wetlands as required by the
Carlsbad HMP. As part of the permit
processing, a wetland restoration and
monitoring plan must be prepared and
be subject to the review and approval
of these agencies. Regarding the
wetland mitigation, it is recommended
that should all three components of the
project (Le., Carlsbad Oaks North
City of Carlsbad
Department
Planning
Prior to
issuance of a
grading permit
Once, upon
completion and
during
construction
Completion:
Date
Initials
Name
PAGE 16/AUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Business Park, Faraday Avenue
Roadway Extension, and Agua
Hedionda Sewer Interceptor) be
approved, a single mitigation effort
should be implemented. To the extent
practical, efforts should be made to
enhance degraded wetlands along the
on-site drainage in lieu of conducting a
straight habitat creation mitigation
program. Figures 5.5-5 and 5.5-6
depict the available areas to conduct
wetland creation. Enhancement
opportunities are widespread on the
Specific Plan site as a result of rapidly
expanding pampas grass and other
exotic species.
Impact to oak dominated riparian
habitats shall be mitigated as
peripheral restoration along the
riparian corridors, with the provision
that individual impacted oak trees (> 4
inches diameter at breast height) be
mitigated at a minimum 10: 1
replacement ratio with container trees
(5-gallon size or larger). The oaks
should be placed at the outer perimeter
of a revegetation site to provide habitat
diversity and buffer to the restoration
effort.
It is anticipated that a conceptual wetland
CARUBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Comoletion Date Freauencv Of ADDliCatiOn Partv Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
mitigation plan would be prepared for
permitting purposes prior to site
development. A restoration specialist
should prepare and implement the plan. The
plan shall include specifications, grading,
irrigation, and planting plans. It shall also
include maintenance and monitoring
actions, and success criteria to be applied
during a 5-year mitigation establishment
period. It is recommended that the wetland
mitigation be completed concurrent with
Phase I of the project development to
adequately mitigate for unavoidable
temporal losses of habitat.
In addition, the following recommended
measures are provided to minimize indirect
impacts to on-site and off-site wetland
resources. These measures shall be
incorporated into project construction
specifications.
1) Stagingkorage areas for equipment
and materials shall be located
outside of all drainages.
2) Equipment maintenance shall be
prohibited within or near any
drainage where petroleum products
or other pollutants from the
equipment may enter these areas
under any flow.
3) Excavated soils from trenching
PAGE 18/AUGUST 1 ,‘2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
operations shall be stored above the
ordinary high water mark for all
drainages during the rainy season
and any materials placed in a
seasonally dry portion of a drainage
shall be removed prior to inundation
by high flows.
Silty or turbid water shall be
prohibited from being discharged
into any drainage. Such water shall
be settled, filtered, or otherwise
clarified prior to discharge.
Natural drainage patterns shall be
maintained as much as possible
during construction. Erosion control
techniques, including the use of
sandbags and the installation of
sediment traps, shall be employed to
control erosion and limit excess
drainage of construction activities.
Trash or any debris, shall be
disposed of at an approved offsite
facility.
An arborist shall review the
proposed grading plans in order to
determine if there are root impacts to
oak that would require tree pruning.
PAGE 1 WAUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Of Application Party
Required Time Monitoring Mitigation Measures
Raptor Nesting
The proposed project
would reduce the
amount of foraging
habitat available for a
number of raptorial
bird species.
BR5. Loss of nesting Northern Harriers
within the greater project area is
expected, and is considered an
unmitigable impact at the project
level. White-tailed Kites may also
discontinue nesting within the
riparian canopy of the primary
creeks. Mitigation is recommended
to enhance and provide additional
protection for other kite nesting or
roosting locations in the Carlsbad
Area (e.g., riparian habitat along
Agua Hedionda Creek west of El
Camino Real). This would include
initial identification of historical kite
nestinghoosting sites on publicly
owned lands, and funding of
signage, and policing actions if
necessary, to keep humans fiom
trespassing into the near vicinity of
these nestlroost sites while they are
actively in use. Clearing of
vegetation, including all native
habitat as well as non-native
grassland, shall be performed in the
non-breeding season (outside of the
period fiom February 15 through
August 30) in order to avoid impacts
to nesting raptors.
City of Carlsbad
Department
Planning
Prior to
issuance of a
grading permit.
Monitoring Notes Completion Date Frequency
Status Shown on Plans/
Once, upon
completion.
Completion:
Date
Initials
Name
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Riparian
Crossing Design
The two culverts
proposed at riparian
locations under
Faraday Avenue may
impede animal
movement and are
considered
BR6. For the road crossings to provide
effective benefits to wildlife
movement, proper design is essential.
The crossings shall include fencing
that hnnels animals towards the
entrances to the undercrossings and
reduce over the road crossings.
Vegetation should be kept back from
driving surfaces to discourage animals
from approaching the roadways.
Fences shall not be located
immediately adjacent to roadway
surfaces and shall include cover
vegetation on the road side of any
fencing so that animals that do get onto
the road have protected cover that they
can retreat into. Fencing can be
discontinuous but should be used to
train movements of animals in the
pattern of flow desired. Fencing and
vegetation shall be designed to direct
movement through the corridor in an
efficient manner, and without pockets
or dead-ends which can cause
confusion and can cause animals to
cross roadways.
City of Carlsbad
Planning
Department, City
of Carlsbad
Engineering
Department
Prior to
issuance of a
grading permit.
Once, upon
completion.
Completion:
Date
Initials
Name
PAGE 2 l/AUGUST 1 ,I2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM - ~~~ _____~
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Wildlife Movement
Corridor
Construction of the
sewer interceptor will
result in a significant
impact to localized
wildlife.
Indirect Impacts
Significant indirect
impacts from
lighting, human
intrusion, pets, and
invasive plants to
resident fauna and
local wildlife
corridors have been
identified.
BR7. During construction of the sewer and
any other underground utilities in
proximity to natural open space,
trenches shall be inspected daily and
any trapped wildlife shall be removed
and released unharmed into native
vegetation a hundred feet or more from
the construction area. Construction
fencing shall also be installed to
minimize impacts to wildlife during
the construction phase of the project.
Implementation of this mitigation shall
be subject to monitoring by the City of
Carlsbad Planning Department.
BRS. Mitigation of indirect impacts to
resident fauna and local wildlife
corridors within the proposed site
development plan require the following
measures to be taken:
1) Extemporaneously created trails
other than those approved for
focused recreational open space
use and/or for utility access
should be prohibited. Sign of
illicit trail-breaking should be
followed by placement of substantial impediments to
discourage subsequent use. The
actively utilized mountain bike
and hiking trails within the
City of Carlsbad
Planning
Department, City
of Carlsbad
Engineering
Department
City of Carlsbad
During
construction.
During
operation of the
project.
During
construction.
Ongoing
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
project site boundaries should
be regularly bounded by signage
that prohibitsfdiscourages
human intrusion into
surrounding native habitats.
These signs shall not identify
specific rare plant locations, but
when warranted shall indicate
the presence of particularly
environmentally sensitive areas.
2) Low-pressure sodium lamps are
less likely than other lights to
shift circadian rhythms and shall
be used to reduce the adverse
effects of artificial lighting
where lighting is located
adjacent to open-space areas.
Low-sodium lights shall be used
in conjunction with cut-off
shields (fully shieldedfull cutoff
lighting) around the perimeter
edge of development. Such
shields shall direct the light
downward and towards
development to eliminate excess
illumination of open space
habitats. Lighting shall not be
installed in the vicinity of the
local wildlife corridors to
promote use of these areas by
local wildlife.
r
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORMG AND &PORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
3) Fencing (non-barbed) shall be
constructed where active-use
urban infrastructure is proposed
to discourage intrusion into the
preserve areas. Fencing of the
entire open space easement is
not recommended, as areas of
habitat contiguous with off-site
undisturbed habitat should not
be further fragmented.
4) Signage shall be used in
conjunction with any open space
easement fencing and as
previously mentioned along any
trails which border rare plant
populations. Signage should be
posted along the perimeter of
the open space easements which
adjoin the project site and more
frequently in the vicinity of any
sensitive habitat. Roadway
signage that warns of wildlife
crossing shall be installed on the
roadway above at the two
proposed wildlife corridorlroad
culverts along Faraday Avenue
to assist in minimizing roadkills
and wildlife avoidance
accidents.
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact
Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
5) Native plants shall be used to
the greatest extent feasible in the
landscaped areas adjacent to
andor near mitigationfopen
space areas andor
wetlandriparian areas. Invasive
exotic plant species shall not be
planted, seeded, or otherwise
introduce to the landscaped
areas adjacent andor near the
mitigationfopen space areas
andor wetland riparian areas.
Exotic species not to be used
include those species listed on
Lists A and B of the California
Exotic Pest Council’s list of
“Exotic Pest Plants of Greatest
Ecological Concern in
California as of October 1999.”
This list includes such species
as: pepper trees, pampas grass,
fountain grass, ice plant,
myoporum, black locust,
capeweed, tree of heaven,
periwinkle, sweet alyssum,
English ivy, French broom,
Scotch broom, and Spanish
broom.
6) Existing pampas grass shall be
removed from areas proposed
for open space conservation.
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Leash law restrictions shall be
posted along any trail access
points and shall be enforced.
Clearing of scrub and riparian
vegetation, shall be performed
in the non-breeding season
(September 1 through February
14) in order to avoid impacts to
nesting birds including sensitive
riparian species and the
California gnatcatcher.
Construction trenches should be
inspected daily and any trapped
wildlife shall be removed and
released unharmed into native
vegetation a hundred feet or
more from the construction area.
Construction fencing shall also
be employed where appropriate
to minimize impacts to wildlife
during the construction phase of
the project.
The concentration of ongoing
recreational human activities in
a reduced area (i.e., not
including areas proposed for
development) is not necessarily
considered significant, if similar
L
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM -
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
future activities are restricted to
the pre-existing routes of travel.
However, there should be future
monitoring of the local wildlife
habitat and vegetation
conditions in areas that are
currently pristine native habitat,
to better evaluate any ongoing
impacts, and to respond with
management actions if required
in the future. If the proposed
open space easement is to
function properly as mitigation
it will need not only to be
preserved but also managed in
perpetuity. To assume that
vegetation communities such as
occur on-site are static systems
would be incorrect. Temporal
vegetation community shifts
may alter the suitability of areas
for some species over time. The
level of disturbance within an
area may change (including fire
frequency) and micro-habitat
use by some resident species
may cease if a local or regional
corridor has limited capacity to
support these resident
populations. Taking such
temporal issues, as well as edge
effects into consideration, the
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
proposed open space easements
should be managed to contribute
the goals of the MHCP and
maximize diversity and
abundance where appropriate.
A management plan for the
proposed open space easement
shall be developed and
implemented by an appropriate
management entity.
11) At the time of implementation of
the project, a public notification
process will be undertaken
through on-site posting with
maps indicating the location of
authorized trails.
5.6 Geology/Soils
Geology GS1. All future grading and construction of
The presence of geotechnical recommendations
loose, porous soils contained in the Preliminary
and expansive soils
Proposed Carlsbad Oaks East in the project area is Geotechnical Investigation for
Consultants (June 15,1990) (as significant impact. prepared by Woodward-Clyde considered a
the project site shall comply with the
updated by GEOCON, Inc. January 4,
2000) Geologic Reconnaissance with
Limited Subsu$ace Investigation,
Proposed South Agua Hedionda
Interceptor Alignment, Carlsbad
Planning construction.
Department, City
of Carlsbad
During
construction.
Engineering
Department
Completion:
Date
Initials
Name
PAGE 28/AUGUST 1 ,I2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
California prepared by Leighton and
Associates, Inc. (November 30,2000),
and Geological Reconnaissance,
Proposed Faraday Avenue Extension
Orion Street to Brookhaven Pass,
Carlsbad, California prepared by
Leighton and Associates, Inc. (March
23,2001). These reports contain
specific recommendations for mitigating geotechnical conditions
related to soils earthwork, slope
stability, and ground and surface
waters for each specific component of
the project (Specific Plan, Roadways,
and Sewer). 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 plans compliance with the
recommendations of the report. 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.
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
I"- Impact
Landslides
Landslides exist
within the project
area that are
considered unsuitable
for structural support,
which is considered a
significant impact.
Seismicity
Land uses within the
project area may be
subject to strong
groundshaking and
soils liquefaction,
which is considered a
significant impact.
I Mitigation Measures
GS2. Prior to development on-site, complete
removal of the ancient landslides that
occur in areas of proposed development
or some other form of stabilization is
required. Final recommendations for
stabilization can be determined after
specific development plans are finalized.
Compliance with this measure shall be
verified by the City of Carlsbad.
GS3. 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.
GS4. The alluvial and colluvial portions of the
project area in which development is
proposed shall be completely stabilized.
Final recommendations for stabilization
can be determined after specific
development plans are proposed.
Compliance with this measure shall be
verified by the City of Carlsbad.
I Responsible
Monitoring
Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time
City of Carlsbad
Engineering
Department
City of Carlsbad
Building
Department
City of Carlsbad
Engineering
Department
Prior to site
development
During
construction.
During
construction.
Once, upon
completion
Once, upon
completion.
Once, upon
completion.
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
Completion:
Date
Initials
Name
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Groundwater
Improvements
associated with the
proposed project are
anticipated to be
significantly
impacted by surface
or groundwater.
5.7 Hazards and Haz
Hazardous
Materials
Implementation of
the proposed project
could result in a
significant impact
associated with the
use and storage of
hazardous materials.
I
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
implemented. Compliance with this
measure shall be verified by the City of
incorporated into the proposed Specific
Plan and shall be required of future
development:
a. No project facilities located
within 1,000 feet of any
residential unit shall store,
handle, or use toxic or highly
toxic gases as defined in the
most currently adopted fire
code at quantities that exceed
exempt amount as defined in
the most currently adopted
fire code.
b. Facilities that store, handle, or
use regulated substances as
defined in the California
City of Carlsbad
Engineering
Department
Prior to
approval of
Final Map,
Grading Permit
or Building
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name
City of Carlsbad At the time of Once, upon Completion:
Planning application for completion.
Department Planned
Industrial Date
Carlsbad.
.dous Materials
HM1. The following conditions shall be
PAGE 3 UAUGUST 1,2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
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Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
L
Health and Safety Code
25532(g) in excess of
threshold quantities shall
prepare risk management
plans for determination of
risks to the community.
C. Facilities that store, handle, 01
use any quantity of a toxic or
highly toxic gas as defined in
the most currently adopted
fire code, which are also
regulated substances as
defined in the California
Health and Safety Code
25532(g) shall prepare an
offsite consequence analysis
(OCA). The analysis shall be
performed in accordance wid
Title 19 of the California
Code of Regulation 2750.2
through 2750.3. If the OCA
shows the release could
impact the residential
community, the facility will
not store, handle, or use the
material in those quantities. I
a decrease in the quantity of
material reduces the distance
to toxic endpoint to where the
community is not impacted,
the facility shall be able to
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
utilize the material in that
quantity.
Computer models may be utilized as
a tool to determine the distance a
hazardous material can travel if
released to the atmosphere.
Parameters such as temperature,
wind speed, atmospheric stability,
and quantity released, material
properties, and type of release (e.g.,
pressurized gases) is considered by
these models. Models can be
overlayed onto maps, which will
show the distance to toxic endpoint
in the event of a release. These
models can be performed under
"worst case" meteorological
conditions and chemical release.
Under this situation, the maximum
harm potential is determined from
the most sophisticated method
available to ensure community
safety.
PAGE 33/AUGUST 1,2002
CARISBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Impact
5.8 Hydrology/Water
Hydrology/Drainage
rhe proposed project
nil1 drain
;ignificantly more
itomwater runoff
Into Aqua Hedionda
Zreek, La Mirada
C’reek and eventually
Into Aqua Hedionda
Lagoon than under
:xisting conditions.
rhis is considered a
Pignificant impact.
Water Quality
The impact to water
quality associated
with industrial land
uses is still
considered a
significant impact.
Responsible
Mitigation Measures
Completion Date Frequency Of Application Party
Shown on Plans/ Monitoring Required Time Monitoring
Subsequent to project approval, but
prior to approval of final design plans
within the Specific Plan area and final
engineering plans for the roadways, a
detailed hydrology study shall be
prepared to address the specific
drainage characteristics of the
proposed development and supporting
infrastructure. The drainage control
plan shall be implemented in
accordance with the recommendations
of the detailed hydrology study and
shall address on-site and off-site
drainage requirements to ensure on-
site runoff will not adversely affect
off-site areas.
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. CASOOOOOOI
Discharges of Stormwater Associated
with Industrial Activities Excluding
Construction Activities. Further, all
requirements contained in the Concept
Water Quality Plan shall be
implemented in accordance with the
Plan and verified by the City
City of Carlsbad
Engineering
Department
WQHZ. Regarding the industrial land use, the City of Carlsbad
proposed project is required by the
Department RWQCB to comply with the areawide Engineering
Prior to
approval of
final design
plans and final
engineering
plans for the
roadways.
Prior to
approval of
Final Map,
Grading Permit
or Building
Permit. .
Once, upon
completion.
Once, upon
completion.
Completion:
~~
Date
Initials
~~ Name
~~ Completion:
Date
Initials
Name
status
Notes
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORTNG AND REPORTING PROGRAM
I Impact
5.9 Cultural Resourcl
Archaeological
Resources
The project will
impact the following
significant cultural
sites: Temp 1, Temp
2, Temp 8, SDI-5231,
and SDI-2776.
L
Responsible
Mitigation Measures
Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring
Engineer. The Best Management
Practices (BMP) Plan Options address
the use of source and treatment
control based BMPs such as: 1) Non-
stormwater discharges; 2) Vehicle and
equipment fueling, cleaning and
maintenance; 3) Material management
and storage; 4) Waste handling and
disposal; 5) Wet ponds; 6)
Constructed wetlands; 7) OWwater
separators and water quality inlets
and/or 8) A combination of source and
treatment control BMP options.
C1. A data recovery program shall be
Program Phase I11 (December 1990).
for completing a Data Recovery
Guidelines Criteria and Methodology
Carlsbad's Cultural Resource
project in compliance with the City of Department archaeological site impacted by the Planning completed for any significant
City of Carlsbad
analysis, obsidian hydration, and
(i.e., radiocarbon dating, residue
ecofacts to be analyzed, special studies
the site to be excavated, artifacts and
Data recovery provides for a sample of
brushing, grading, and trenching shall
questions. In addition, monitoring of
addresses the important research
sourcing) and a report of finding that
L
Prior to
issuance of a
Once, upon
grading permit. completion.
L
Completion:
Date
Initials
Name
AS3
P. AGE 351. AUGUST 1 ,' 2002
CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
be required during the construction of
the project in order to identify any
significant components of the site that
were not observed during data
recovery excavations. Monitoring will
also focus on any potential to discover
sites that were not identified in the
previous surveys due to them being
buried or masked from view. Any
previously unrecorded sites discovered
during brushing, grading, or trenching
will require significance evaluation
and, if found to be important,
mitigation applied before grading can
resume at the location of the discovery.
All artifacts and data collected from
the testing and mitigation work for the
project will be submitted to the San
Diego Archaeological Center for permanent curation. The City of
Carlsbad will be responsible for the
finding of this curation program.
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CARLSBAD OAKS NORTH SPECIFIC PLAN EIR MITIGATION MONITORING AND REPORTING PROGRAM
Responsible
Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
5.10 Paleontological 1
Paleontological
Resources
Implementation of
the proposed project
has the potential to
result in a significant
impact to
paleontological
resources if present
in geologic
formations of the site
The project area
contains geologic
formations with
moderate and high
potential for
producing significant
paleontological
resources
Re sources
PR1. Prior to site grading, a qualified
paleontologist shall be retained to carry
out an appropriate mitigation program.
(A qualified paleontologist is defined
as an individual with an MS or Ph.D.
in paleontology or geology who is
familiar with paleontological
procedures and techniques.)
The qualified paleontologist shall
be present at the pre-construction
meeting to consult with the
grading and excavation
contractors.
A paleontological monitor shall be
on-site a minimum of half-time
during the original 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 perlday
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
City of Carlsbad
Planning
Department
Prior to
issuance of a
grading permit.
Once, upon
completion.
1
Completion:
Date
Initials
Name
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Impact
Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
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, this 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, repaired, sorted, and
cataloged.
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5.11 Aesthetics
Aesthetics
A significant impact
related to the views
from surrounding
roadways and
residences onto the
site will occur.
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 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.
AE1. The following measures shall apply to
all lots visible from Faraday Avenue
and El Fuerte Street, as well as Lots
#8, #13, and #17:
Prohibit placement of mechanical
equipment on roofs unless the
project incorporates architectural
treatment consisting of
City of Carlsbad
Department
Planning
At the time of
application for
Planned
Industrial
Permit or
Conditional Use
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name
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Impact Notes Completion Date Frequency Of Application Party
Status Shown on Plans/ Monitoring Required Time Monitoring Mitigation Measures
Light and Glare
A significant impact
related to new light
and glare sources has
been identified with
the proposed project.
architectural elements or building
parapets that are of sufficient
height and design to screen hture
mechanical roof equipment;
Prohibit installation of roof
screens other than building
parapets or architectural elements
that are integrated into the
architectural design of buildings;
Prohibit loading bays that are visible from Faraday Avenue and
El Fuerte Street;
Require enhanced architectural
treatment of all building elevations
that are visible from Faraday
Avenue and El Fuerte Street.
AE2. Any future development of Lots #8,
#13, and #17 shall comply with the
outdoor lighting standards of the
Carlsbad Oaks North Specific Plan,
Part 111, Section R. A separate lighting
plan shall be prepared for each
perimeter lot abutting residential land
uses or open space to ensure that no
off-site spillage will occur.
City of Carlsbad
Planning
Department
At the time of
application for
Planned
Industrial
Permit or
Conditional Use
Permit.
Once, upon
completion.
Completion:
Date
Initials
Name