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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53351 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5335 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW AN 11 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED ON THE NORTHEAST CORNER OF JEFFERSON STREET AND LAS FLORES DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FARBER JEFFERSON STREET CONDO CASE NO.: CT 02-13/CP 02-08/CDP 02-32/SDP 02-14 WHEREAS, Farber Family Limited Partnership, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as: That portion of Tract 2 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the office of the County Recorder of San Diego County, June 20,1921 (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 15th day of January, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit “ND” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dated December 9, 2002, and “PII” dated October 18, 2002, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: A) it has reviewed, analyzed and considered the Mitigated Negative Declaration for and SDP 02-14, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and FARBER JEFFERSON STREET CONDO - CT 02-13, CP 02-08, CDP 02-32 B) the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C) it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and D) based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. The Developer shall implement or cause the implementation of the Mitigation Monitoring and Reporting Program. ... . .. ... ... ... ... .I PC RES0 NO. 5335 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None , Chairperson PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5335 -3- - City of Carlsbad MITIGATED NEGATIVE DECLARATION Project AddresdLocation: Northeast comer of Jefferson Street and Las Flores Dr. Project Description: A Tentative Map, Condominium Permit, Coastal Development Permit, and Site Development Plan to allow grading and construction of 11 two and three story condominium units including 2 affordable units, with a roof deck and subterranean parking structure on an existing lot located at the northeast comer of Jefferson Street and Las Flores Drive. The project requires the demolition of an existing single story residence. Access to the project will be taken fiom Las Flores Drive via a driveway entry to an underground parking structure. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 602-4622 DATED: DECEMBER 9,2002 CASE NO: CT 02-1 3/CP 02-08/CDP 02-32/SDP 02-14 CASE NAME: FARBER JEFFERSON STREET CONDO PUBLISH DATE: DECEMBER 9,2002 Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 02-13/CP 02-O8/CDP 02-32/SDP 02-14 DATE: 10-18-02 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Farber Jefferson Street Condo LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad CONTACT PERSON AND PHONE NUMBER: Anne Hysong. (760) 602-4622 PROJECT LOCATION: Northeast corner of Jefferson Street and Las Flores Dr. PROJECT SPONSOR’S NAME AND ADDRESS: Curt Farber, 2235 Encinitas Blvd, #104, Encinitas. CA 92024 GENERAL PLAN DESIGNATION: RMH ZONING: R-3 OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): CALTRANS PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A tentative map, condominium permit, coastal development permit. and site development plan to allow grading and construction of 11 two and three stow condominium units including 2 affordable units, wjth a roof deck and a subterranean parking structure on an existing lot located at the northeast corner of Jefferson Street and Las Flores Drive. The project requires the demolition of an existing single story residence. Access to the proiect will be taken from Las Flores Drive via a driveway entry to an underground uarkina structure. 1 Rev. 07/03/02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Geology/Soils [XI Noise 0 Air Quality [7 Hydrologyrnater Quality 0 Public Services Biological Resources 0 Land Use and Planning [7 Recreation Cultural Resources 0 Mineral Resources 0 TransportatiodCirculation Mandatory Findings of Significance 0 Utilities & Service Systems 2 Rev. 07/03/02 DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 3 Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 4 Rev. 07/03/02 0 An EIR be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07fO3fQ2 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 0 0 0 (XI (XI b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and hstoric buildings within a State scenic hghway? 0 0 0 [x] 0 (XI c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: 0 0 0 IXI a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agncultural use? 0 0 0 IXI b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? IXI 0 c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: 0 0 0 IXI IXI a) Conflict with or obstruct implementation of the applicable air quality plan? 0 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 6 Rev. 07/03/02 Issues (and Supporting Information Sources). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? BIOLOGICAL RESOURCES - Would the project: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact IXI 0 0 0 0 0 0 0 0 0 No Impact 17 (XI IXI IXI IXI [XI Ixl [XI [XI IXI 7 Rev. 07/03/02 Issues (and Supporting Information Sources). IV. CULTURAL RESOURCES - Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in 6 15064.5? Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? IV. GEOLOGY AND SOILS - Would the project: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. 11. ... 111. iv. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 8 Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 I7 o 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 Kl IXI 1sI 0 0 0 0 No Impact IXI Kl IXI IXI 0 0 Kl IXI IXI Kl IXI Rev. 07/03/02 Issues (and Supporting Information Sources). IV. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 9 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 0 17 0 IXI b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for whxh permits have been granted)? 0 0 0 0 0 17 [XI [XI c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? 0 0 IXI e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? 0 0 17 f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff! 0 0 0 0 17 0 IXI IXI g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? 0 0 [XI [XI i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 0 0 j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 0 0 0 0 0 0 1) Increased erosion (sediment) into receiving surface waters. 10 Rev. 07/03/02 Issues (and Supporting Information Sources). Ix. X. X. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of hture value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Potentially Significant Impact 0 17 0 CI 0 0 0 0 0 0 Potentially Less Than No Significant Significant Impact Mitigation Incorporated Unless Impact 0 ow 0 015) 0 0 ow 0 0 IXI 00 0 wo 11 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ow A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ow For a project located within an airport land use plan 0 or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 OB For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 0 0 om X. POPULATION AND HOUSING - Would the project: Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 0 0IxI Displace substantial numbers of existing housing, necessitating the construction of replacement housing 0 ow elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? CI 0 0IxI XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? 0 0 OIXI 0 OH 0 0 ow 0 0 ow 0 0 ow 12 Rev. 07/03/02 Issues (and Supporting Information Sources). XIV. RECREATION Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 IXI [XI 0 0 [XI 0 0 0 0 No Impact [XI [XI 0 0 [x] [XI 0 IXI IXI IXI [XI 13 Rev. 07/03/02 Issues (and Supporting Information Sources). Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehstory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Potentially Potentlally Less Than Significant Significant Significant Impact Unless Impact Mitigation Incorporated 0 0 17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o w 0 No [mpact IXI [x] 1sI IXI IXI w 0 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the 14 Rev. 07/03/02 scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 15 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION Environmental Setting The multi-family project is proposed at the corner of Jefferson Street, a collector street, and Las Flores Drive, just west of the Las Flores 1-5 off-ramp in the City’s northwest quadrant. The one acre lot is designated by the General Plan for Residential Medium-High (RMH) density development (8 - 15 du/acre with 11.5 growth control point) and zoned R-3 (Multiple Family Zone). The site is currently occupied by a single story, single family residence, and surrounding development includes both single family and multiple family units. The existing building pad rises above Jefferson Street approximately 12-13’ from an elevation of 63’ on Jefferson to 75’ at the top of slope and 76’ - 77’ at the center of the site. Although the building pad would be raised approximately 1.5’-2.5’ above existing grade to 78.5’ to enable driveway access to the subterranean garage, the building pad would not expand beyond the existing pad area. The building pad is separated from Jefferson Street approximately 20’ - 40’ by an existing driveway that provides access to the adjacent property to the north and a combination of retaining wall and 2:l manufactured slope. The buildable pad is separated from the northern interior property line by a 10’ - 25’ exclusive use easement granted to the adjacent property owner in which no structure is allowed. A triangular shaped Caltrans easement separates the property from Las Flores Drive. The result of these intervening improvements andor easements is that the buildable pad area is a greater distance from the right-of-way linedproperty lines where required building setbacks are typically measured thereby increasing the distance between roadways/property lines and the proposed development. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact - Jefferson Street is identified as a scenic highway. Since the project’s Jefferson Street frontage is currently improved with landscaping and an existing driveway, no further landscape enhancement within the right-of-way is required. The slope beyond the right-of-way will be landscaped with a combination of shrubs and trees and amenities to ensure an aesthetically pleasing appearance. The condominium structures are a maximum of 35’ in height with views of the Buena Vista Lagoon. The location of the structures west of the 1-5 freeway will result in minimal obstruction of distant views of the lagoon from east of the freeway. b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No Impact @) - The project site is currently developed with a single family home. There are no scenic resources on the site. There are no significant trees or vegetation that could be damaged from future development of the site. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less than Significant Impact (c) - The proposed project will not degrade the visual character or quality of the site. Although the site and surrounding area are designated and zoned for multi-family development, the surrounding neighborhood consists of both single family and multi-family units. Important land use compatibility considerations between single family and multi-family developments are development intensity. i.e., building coverage and building height. The project will result in the demolition of a single story single family residence and development of a two and three story stacked condominium with an underground parlung structure that results in 32% lot coverage on the one acre site. Much of the site design, which is not considered in the coverage calculation, consists of outdoor living area. The 32% building coverage and outdoor living area is consistent with single family development. 16 Rev. 07/03/02 To ensure building height compatibility with adjacent one and two-story structures, the project transitions from two story units (29’) along the interior side and street side (Las Flores) property lines, to three stories units (35’) in the central portion of the site. Additionally, the three-story segment is setback from the top of slope along Jefferson Street a minimum of 46’, a minimum of 26’ from the Las Flores Drive right-of-way line, and a minimum of 24’ from the northern property line. Based on the above described site design that results in 32% building coverage, increased setbacks, transition from two stories to three stories, and orientation of units toward the rear of the site, the visual character of the site is changed but not significantly reduced or degraded. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? No Impact - The proposed 11 unit project is adjacent to the 1-5 corridor and will not result in the creation of substantial Iight and glare beyond the existing condition. AGRICULTRAL RESOURCES - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact - The project site is not considered Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Therefore, the proposed project will not convert farmland to a non-agricultural use. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact - The project site is not zoned for agricultural use and is not subject to a Williamson Act contract. Therefore, the proposed project will not conflict with any agricultural zoning or contracts. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? No Impact - The project site is infill and has been surrounded by residential development for many years. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non- attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM,,). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SNAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for 17 Rev. Oll03l02 approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. a) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 200 1) and one day in 200 1 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. (Add the following text addressing short-term emissions, if there is grading associated with the project.) The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. 18 Rev. Q7lQ3lO2 c) Expose sensitive receptors to Substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in Substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. d) Create objectionable odors affecting a Substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. BIOLOGICAL RESOURCES - Would the project: a) Have a Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a Substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a Substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? No Impact (a, b & c) - The project site is a previously developed infill site that is surrounded by urban development. The site is not identified in a local or regional plan to contain habitat or sensitive species. Also, the site does not contain and is not adjacent to any riparian, aquatic or wetland habitat. a) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact - The project site is a previously developed infill site that is surrounded by urban development. The site is not located within any identified native or migratory wildlife corridor, nor is it located adjacent to any area identified as a wildlife corridor. Therefore, the project will not interfere with any native or migratory wildlife corridor or native wildlife nursery site. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact - The project site is a previously developed infill site that is surrounded by urban development. There are no known biological resources on the project site that would be protected by local policies or ordinances. 19 Rev. 07/03/02 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact - The project site is a previously developed infill site that is surrounded by urban development. The site does not contain any habitat identified by a local, regional or state habitat conservation plan. g) Impact tributary areas that are environmentally sensitive? No Impact - The site does not contain and is not located adjacent to any environmentally sensitive tributary area. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact (a, b, c & d) - The project site is a one acre infill site that has been previously developed. The site is surrounded by urban development including the 1-5 freeway. There are no known historical, archeological, or paleontological resources or human remains on the project site. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact (a.i. to a.iii.) - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active of potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. The project site is located in an area of stable soil conditions and the risk of seismic-related ground failure or liquefaction is very minimal (according to City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992). In addition, the Geotechnical Hazards Analysis identifies the project site to be in an area of low to moderate risk from ground shaking. The risk from ground shaking is not significant when structures are built pursuant to the Uniform Building Code (earthquake standards). Because the site is located in an area of stable soil conditions, and any future dwelling constructed on the site must comply with the UBC earthquake construction 20 Rev. Q7103102 standards, the proposed land use and zone change will not expose people or structures to substantial adverse effects from the risks associated with earthquakes. iv. Landslides? No Impact - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is in an area of stable soil conditions that are not subject to landslides. Therefore, the proposed land use and zone change will not expose people to risks associated with landslides. b) Result in substantial soil erosion or the loss of topsoil? No Impact - According to the US Department of Agriculture, Soil Survey - San Diego Area, December 1973, the project site contains soils that have high erosion limitations, as do most soil types in Carlsbad. The project’s compliance with standards in the City’s Excavation and Grading Ordinance that prevent erosion through slope planting and installation of desiltation basins or other temporary means will avoid substantial soil erosion impacts. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? No Impact - According to the geotechnical investigation prepared for the project by Engineering Design Group, the project site is located in an area of stable soil conditions and the risk of landslides, lateral spreading, subsidence, liquefaction, or collapse is very minimal. d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact - According to the geotechnical investigation prepared for the project by Engineering Design Group, expansive soils are not significant on the site. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact - The project site is an undeveloped infill site surrounded by urban development. Existing sewer facilities are located near the site and are available and adequate to support a future residential land use on the site. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 21 Rev. 07/03/02 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? No Impact (a, b, c & d) - The project site is not included on a hazardous materials site and the residential project has no hazardous use potential. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact (e & f) - The project site is not located within the McClellan Palomar Airport Influence Area identified on the City’s General Plan land use map. Therefore, the project will not result in a safety hazard for people residing on the project site. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact (g & h) -The project will not impair the implementation or physically interfere with any adopted emergency response plan or emergency evacuation. In addition, the project site is an infill site surrounded by urban development. There are no wildlands adjacent to the site that could expose people to significant risk from wildland fires. HYDROLOGY AND WATER QUALITY - Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 22 Rev. 07/03/02 g) Otherwise substantially degrade water quality? No Impact (a, b, c, d, e, f & g) - The infill project will rely on an existing public storm drain system and is subject to City standards regarding water quality, drainage and erosion control, including storm water permit ODES) requirements and best management practices. The project is conditioned to require a Storm Water Management Plan (SWMP) that is consistent with the conceptual Storm Water Management Plan prepared for the project to ensure that it is designed and constructed in compliance with the City’s NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board. In addition, according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, and the geotechnical investigation prepared for the project by Engineering Design Group, the project site is located in an area where development will not have a significant impact to groundwater. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of stormwater drainage systems. h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact (h & i) - The project site is not located within a 100-year flood hazard area according to the Flood Insurance Rate Map. Therefore, the project will not result in housing or structures within a 100- year flood hazard area. j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? No Impact (j & k) - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any dam failure inundation area, or area subject to inundation by seiche or tsunami. Therefore, the project will not expose people or structures to significant risk fi-om flooding as a result of a dam failure, or fi-om inundation by seiche, tsunami, or Increased erosion (sediment) into receiving surface waters. Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 23 Rev. 07/03/02 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact 0, m, n, o & p) - The project site is not located directly adjacent to any body of water. Drainage from the site is subject to the City’s drainage and storm water pollution control standards (NPDES and best management practices), which ensure that sediment and pollutants from any development of the site will not discharge into any downstream receiving surface waters. The project will be conditioned to prepare a Storm Water Management Plan (SWMP) to ensure that stormwater runoff will not exceed existing Also, the City’s drainage and storm water pollution control standards ensure that development does not reduce water quality of any marine, fresh or wetland waters or groundwater. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? No Impact - The project site is an infill site surrounded by single family and multiple family residential development. Residential development of the site will be compatible with and integrate into the existing community. Therefore, the project will not physically divide an established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact - The project is consistent with the designated Residential Medium High (RMH) General Plan land use designation, the multiple family (R-3) zoning, and the applicable Mello II LCP policies and implementing ordinances in that storm water runoff will be designed consistent with required standards including the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance (Chapter 15.12 of the CMC) and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit. The project density of 11 dwelling unitdacre is also consistent with the applicable Growth Management growth control point for the RMH land use thereby ensuring that quadrant dwelling unit caps are not exceeded. The project is consistent and compatible with the surrounding residential single family and multiple family development through its design in which increased setbacks are proposed from adjacent single family development and roadways. All public facilities and services are adequate to serve such a use. The site is also adequate in area to accommodate a residential development consistent with all required development standards. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact - The project site is an undeveloped infill site that is surrounded by urban development. The site is not identified in any applicable habitat conservation plan or natural community conservation plan as having potential habitat or natural community constraints. Therefore, the proposed land use and zone change will not conflict with any applicable habitat conservation plan or natural community conservation plan. MINERAL RESOURCES - Would the project: 24 Rev. Q7lQ3102 a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact (a & b) - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site does not contain any mineral resources. Therefore, the proposed land use and zone change will not result in the loss of availability of a know mineral resource or mineral resource recovery site. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Potentially Significant Unless Mitigation Incorporated - The Noise Element of the General Plan specifies that sixty (60) dB CNEL is the exterior noise level to which all residential units should be mitigated, and that interior noise levels should be mitigated to 45 dB CNEL. A noise analysis performed for the project due to its proximity to the 1-5 freeway and Jefferson Street revealed that the required common and private recreation areas would be impacted by noise levels that exceed the City’s 60 dBA CNEL exterior noise standard. Mitigation required to reduce noise levels include plexi-glass noise walls surrounding selected common and private yard, patios, and balcony decks to ensure that the required exterior noise standard is satisfied. The analysis also revealed that interior noise mitigation would be necessary to achieve the City’s 45 dBA CNEL interior noise standard. Although the project is proposing a total of 7,171 square feet of private and common outdoor recreational space, the required recreational space requiring conformance with the City’s exterior noise standard of 60 dBA CNEL is 2,200 square feet. Due to the project’s proximity to the 1-5 freeway to the east, the noise analysis concludes that no reasonable mitigation can achieve a 60 dBA CNEL downstairs noise level on the eastern side of the buildings; therefore, none of the recreational space provided along that elevation would meet the City’s exterior noise standard. The acoustical analysis recommends that to attenuate noise to the greatest extent possible (70 dBA), a 6’ high sound attenuation wall should be provided along the eastern property line. As recommended, the required private passive recreational space required to meet the City’s exterior noise standard is provided along the western building elevation where noise levels are somewhat reduced due to the condominium structure which will act as a noise barrier between 1-5 and the outdoor space. Due to noise levels along Jefferson Street, 5’ - 6’ high plexiglass walls will be required to attenuate noise around private patios facing Jefferson Street. According to the analysis, the 31d story deck (Decks C and D), a fire pit and lawn area totaling approximately 2,250 square feet, required to satisfy the project’s common active recreational requirement, would be mitigated to the 60 dBA standard through provision of a 5’ wall along the western elevation and a 6’ - 8’ wall along the eastern elevation of the decks and a 2‘ wall surrounding the fire pit and 6’ wall surrounding a passive lawn area. The following table reflects the required mitigation requirement: Location Eastern Property Line Unit A Western Patio Unit B Western Patio Unit C Western Deck Wall Height Noise Level dBA CNEL 6’ 6’ 5’ 5.5’ 71 60 60 60 25 Rev. 07/03/02 Unit D Western Deck Unit E Western Patio Unit F Western Deck Unit G Western Deck Unit H Western Patio Unit I Western Patio Unit J Western Patio Unit K Western Patio Common Deck D (Western Elevation) Common Deck C (Eastern Elevation) Fire pit Common Area 2A 5.5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 6’ - 8’ 2’ 6’ 60 60 57 57 57 57 57 58 56 60 60 60 b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? No Impact - Based upon the nature of the proposed residential land use, the project will not result in any activity that would generate excessive groundbourne vibration or groundbourne noise levels. In addition, the project site is not located adjacent to any use that generates excessive groundbourne vibration or groundbourne noise levels. Therefore, the project will not result in the exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact (c & d) -The proposed 11 unit residential condominium project would generate only 88 ADT which is not sufficient to result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. With regard to temporary or periodic increase in noise levels, the only potential increase in noise would be from construction activity associated with development of the project. The City incorporates standard regulations on all project construction activity to ensure that noise and other potential impacts to surrounding properties are not significant. Therefore, the project will not result in a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (e & f) - The project is not located within the boundaries of the McClellan Palomar Airport influence area and no private airstrips are located within the vicinity. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 26 Rev. 07/03/02 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact (a & b) - As part of the City’s Growth Management Program, a performance standard for parks was adopted. The park performance standard requires that 3 acres of Community Park and Special Use Area per 1,000 population within a park district (quadrant) must be provided to provide for adequate park facilities in each quadrant. The project site is located within Park District #1 (Northwest Quadrant). The necessary park acreage to achieve the GMP standard (3 acredl ,000 population) for Park District #1 was based upon the GMP dwelling unit limitation. The project is consistent with the density permitted by the GMP and parks demand, in the northwest quadrant does not currently exceed the supply. Therefore, parks facilities are adequate to accommodate the project. The project does include private recreational facilities consisting of common and private passive areas. These facilities are integrated into the project design thereby avoiding an adverse physical effect on the environment. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 88 Average Daily Trips (ADT) and 8 peak hour trips. This traffic will utilize the following roadways: Las Flores Drive and Jefferson Street. Note: these roadways are not classified as arterials. Existing traffic on this (these) roadways are 9,800 ADT and 14,000 ADT respectively (2001) and the 2001 peak hour level of service at the roadway intersection(s) impacted by the project is C. The design capacities of the roads affected by the proposed project are 10,000 ADT and 20,000 ADT vehicles per day. The project traffic would represent 4% and <<1% respectively of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing. ADT* - LOS Buildout ADT* Rancho Sank Fe Road 15-32 “A-C” 28-43 El Camino Real 21-50 “A-C” 32-65 Palomar Airport Road 10-52 “A-B” 29-77 SR 78 120 “F” 144 1-5 183-198 “D’ 2 19-249 *The numbers are in thousands of daily trips. 27 Rev. 07/03/02 The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the full implementation of the region’s general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. a) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. b) Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? Less than Significant Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. The project will be conditioned to obtain an access easement from the adjacent property owner over an existing driveway on Jefferson Street and to provide a fire hydrant along the northern property line to ensure adequate emergency access. a) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project complies with the City’s parking requirements to ensure an adequate parking supply. No impact assessed. b) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The multi-family project is served by public transportation in that bus service is available on Jefferson Street and the Coaster commuter train is located within one mile of the project. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? 28 Rev. 07/03/02 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact (a, b, c, d & e) - All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed residential land use will not result in growth that exceeds the City’s growth projections. Therefore, the project will not result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact (f & g) - Existing waste disposal services are provided to the site and are adequate to serve residential use on the site without exceeding landfill capacities. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact - Based upon the nature of the proposed residential land use the project will not degrade the quality of the environment. The project site does not contain any fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site is a previously developed infill site that has been disturbed through grading, and is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. Therefore, the project will not threaten or reduce the number a plant or animal community. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) 29 Rev. 07/03/02 Less than Significant Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region-wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As discussed above, the project will result in residential development, which would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with a future residential development would be minimal. Given the limited emissions potentially associated with a residential development of the site, air quality would be essentially the same whether or not the residential development is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. Also, as discussed above, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City’s growth projections, and therefore, the cumulative impact from the project to the regional circulation system is less than significant. With regard to any other potential impact associated with the project, City standards and regulations will ensure that future residential development on the site will not result in a significant cumulative considerable impact. c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Significant Unless Mitigation Incorporated - Based upon the nature of the proposed residential land use which is in compliance with City standards, the project will not result in any substantial adverse environmental effects. However, the project site is located in an area where human beings could be exposed to significantly high noise levels generated from traffic on adjacent roadways. As discussed above, any potential impact from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Any future residential development on the site will be required to comply with all applicable federal, state, regional and City regulations, which will ensure the development of the site will not result in an adverse impact on human beings, either directly or indirectly. 30 Rev. 07/03/02 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MER 93-01). City of Carlsbad Planning Department. March 1994. 2. City of Carlsbad Geotechnical Hazards Analysis and Mappine Study, November 1992. 3. ”Geotechnical Investigation and Foundation Recommendations for Proposed Multi-Family Development.. .” prepared by Engineering Design Group, dated December 22,2000. 4. “Acoustical Impact Analysis - Jefferson Street Project” prepared by Giroux & Associates, dated February 22,2001, and addendum dated November 14,2002. 5. “Traffic Analysis - Las Flores Drive Condominiums, Carlsbad, California”, prepared by Linscott, Law & Greenspan Engineers dated November 29,200 1 6. “Storm Water Management Plan” prepared by Piro Engineering, dated October, 2002. 31 Rev. 07/03/02 LIST OF MITIGATING MEASURES (IF APPLICABLE) Noise Mitigation: Mitigation required to achieve the required 45 dBA CNEL interior standard includes central air conditioning, premium dual paned windows, double layer drywall installed on resilient channels, acoustically lined ducts and vents. The Phase II acoustical study required with final building plans will verify that interior standards based on the 70 - 78 dBA CNEL exterior noise levels are satisfied. A solid 6’ high wall around the eastern and northern property line shall be required to reduce the noise level at the first story units. The following table reflects the required mitigation requirement to be shown on the building plans and approved by the Planning Director prior to the issuance of building permits: Location Eastern Property Line Unit A Western Patio Unit B Western Patio Unit C Western Deck Unit D Western Deck Unit E Western Patio Unit F Western Deck Unit G Western Deck Unit H Western Patio Unit I Western Patio Unit J Western Patio Unit K Western Patio Common Deck D (Western Elevation) Common Deck C (Eastern Elevation) Fire pit Common Area 2A Noise Attenuation Noise Level (Wall Height) dBA CNEL 6’ 6’ 5’ 5.5’ 5.5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 6’- 8’ 2’ 6’ 71 60 60 60 60 60 57 57 57 57 57 58 56 60 60 60 32 Rev.’07/03/02 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 33 Rev. 07/03/02 ~- 1 PROJECT NAME: Farber Jefferson Street Condo FILE NUMBERS: CT 02-13/CP 02-081CDP 02-32/SDP 02-14 APPROVAL DATE: Januarv 15,2003 CONDITIONAL NEG. DEC.: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). -. Mitigation Measure Noise Mitigation: Mitigation required to achieve the required 45 dBA CNEL interior standard includes central air conditioning, premium dual paned windows, double layer drywall installed on resilient channels, acoustically lined ducts and vents. The Phase II acoustical study required with final building plans will verify that interior standards based on the 70 - 78 dBA CNEL exterior noise levels are satisfied. A solid 6' high wall around the eastern and northern property line shall be required to reduce the noise level at the first story units. The following table reflects the required mitigation requirement to be shown on the building plans and approved by the Planning Director prior to the issuance of building permits: Location Noise Attenuation (Wall Heiaht Eastern Property Line 6' Unit A Western Patio 6' Unit B Western Patio 5' Unit C Western Deck 5.5' Unit E Western Deck 5' Unit F Western Deck 5' Unit G Western Deck 5' Unit H Western Patio 5' Unit I Western Patio 5' Unit J Western Patio 5' Unit K Westem Patio 5' Common Deck D (Western Elevation) 5' Common Deck C (Eastern Elevation) 6' - 8' Fire pit 2' Common Area 2A 6' Exdanation of Headinas: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Monitoring Type 3uilding 'lancheck Monitoring Department Planning Shown on Plans Building Verified Implementation Remarks Verified Implementation =When mitigation measure has been implemented, Remarks = Area for describing status of ongoing mitigation measure, or for Other this column will be initialed and dated. information. Show on Plans = When mitigation measure is shown on plans, this cOhmn will be RD - Appendix P. initialed and dated.