HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56021
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PLANNING COMMISSION RESOLUTION NO. 5602
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING
7,500, GRADE, SUBDIVIDE AND CONSTRUCT 11 SINGLE
FAMILY HOMES LOCATED ON THE SOUTHWEST CORNER
OF POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: BLACK RAIL RIDGE
PROGRAM TO REZONE THE PROPERTY FROM LC TO R-l-
CASE NO.: ZC 03-08/LCPA 03-09/CT 03-13/CDP 03-37
WHEREAS, Pacific Coast Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Norman G. Gallagher and
Laird and Catherine Ann Cameron, “Owners,” described as
The north half of the northeast quarter of the southeast
quarter of the southwest quarter of Section 22, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with
said project; and
WHEREAS, the Planning Commission did on the 21st day of April 2004, 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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and mitigation monitoring and reporting program, Exhibit “D”
according to “NOI” dated January 27, 2004 and “PII” dated January 21,2004,
attached hereto and made a part hereof, based on the following findings:
Findinps:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration for
BLACK RAIL RIDGE - ZC 03-08/LCPA 03-09/CT 03-13/CDP 03-37, the
environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and
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 EL4 Part I1 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 Black Rail Ridge
Mitigation Monitoring and Reporting Program.
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PC RES0 NO. 5602 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White,' Commissioners Baker, Dominguez, Heineman,
Montgomery, and Whitton
NOES: Commissioner Segall
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOL&ILLE~!
Planning Director
PC RES0 NO. 5602 -3-
n
MITIGATED NEGATIVE DECLARATION
CASE NAME: BLACK RAIL RIDGE
PROJECT LOCATION:
CASE NO: ZC 03-08/ LCPA 03-09/ CT 03-13/CDP 03-37
The Southwest corner of Black Rail Rd and Poinsettia Lane
PROJECT DESCRIPTION: The project proposes to rezone 3.71 acres of land located on the
southwest corner of Black Rail Rd and Poinsettia Ln. from Limited Control to Residential Shgle-
Family, minimum lot size 7,500 sq ft. The application also includes the subdivision, grading and
construction of 11 residential lots and one open space lot.
DETERMINATION: 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,
and the City of Carlsbad finds as follows:
0
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0
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.
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. (Mitigated Negative
Declaration applies only to the effects that remained to be addressed).
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.
A copy of the initial study (EL4 Part 2) documenting reasons to support the Negative Declaration is
on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
- City of Carlsbad
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
CASE NAME: BLACK RAIL RIDGE
CASE NO: ZC 03-081 LCPA 03-09/ CT 03-13/CDP 03-37
PROJECT LOCATION: The Southwest corner of Black Rail Rd and Poinsettia Lane
PROJECT DESCRIPTION: The project proposes to rezone 3.71 acres of land located on the
southwest comer of Black Rail Rd and Poinsettia Ln. from Limited Control to Residential
Single-Family, minimum lot size 7,500 sq ft. The application also includes the subdivision,
grading and construction of 11 residential lots and one open space lot.
PROPOSED DETERMINATION: 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 (EM 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 will be recommended
for adoption by the City of Carlsbad City Council.
A copy of the initial study (EL4 Part 2) documenting reasons to support the proposed Mitigated
Negative Declaration are 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 the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and
approvaVadoption by the City of Carlsbad Planning Commission and City Council. Additional
public notices will be issued when those public hearings are scheduled. If you have any
questions, please call Van Lynch in the Planning Department at (760) 602-4613.
PUBLIC REVIEW PERIOD January 27,2004 to February 27,2004
PUBLISH DATE January 27,2004
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www. i car1 Fanuary%,%oF us @
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
CASE NO: ZC 03-OS/ LCPA 03-09/ CT 03-13/CDP 03-37
DATE: Januarv 2 1.2004
BACKGROUND
1. CASE NAME: BLACK RAIL RIDGE
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
3. CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-4613
4. PROJECT LOCATION: The Southwest comer of Black Rail Rd and Poinsettia Ln
5. PROJECT SPONSOR’S NAME AND ADDRESS: Brett Shaves, 567 San Nicolas Dr. #130,
Newport Beach CA 92660
6. GENERAL PLAN DESIGNATION: Residential Low-Medium
7. ZONING: Limited Control (L-C)
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (ie., permits, financing
approval or participation agreements): California Coastal Commission (For LCPA)
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The proiect proposes to rezone 3.71 acres of land located on the southwest corner of Black Rail
Rd and Poinsettia Ln. from Limited Control to Residential Single-Family, minimum lot size
7,500 sq ft. The application also includes the subdivision, grading and construction of 11
residential lots and one open space lot. The site is presentlv a plant nursery with container-mown
plants and is surrounded by residential development to the north. northeast, south. and a proposed
church to the east and undeveloped land to the west.
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.
Aesthetics 0 Geology/Soils Noise
Agricultural Resources
Air Quality 0 Hydrology/Water Quality 0 Public Services
c] Biological Resources 0 Land Use and Planning 0 Recreation
IXI Hazards/Hazardous Materials 0 Popu1ation and Housing
0 Cultural Resources 0 Mineral Resources 0 TransportatiodCirculation
Utilities & Service Systems u Mandatory Findings of
Significance
2 Rev. 07/03/02
DETERMINATION.
(To be completed by the Lead Agency)
Ixl
0
0
0
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.
II24/04- Date
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.
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
e An EIR must 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 Em, (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. 07l03lQ2
Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated
Potentially Significant Impact
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
IXI
IXI b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
0 0 c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
0 0 Ixl d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
11. AGRICULTURAL 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:
o IXI 0 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?
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract? 0 0
0
0
0
IXI
(XI 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:
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0
a) Conflict with or obstruct implementation of the
applicable air quality plan? 0 0 0
o 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?
IV. 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
[ncorporated
0
0
0
0
0
0
0
0
[7
Less Than Significant
Impact
IXI
0
0
0
0
0
0
0
0
0
No Impact
0
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(XI
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7 Rev. 07/03/02
Issues (and Supporting Information Sources). Potentially Significant
Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
V. CULTURAL RESOURCES -Would the project:
0 0 om Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
0 0 ow Cause a substantial adverse change in the signifi-
cance of an archeological resource pursuant to
§15064.5?
0 0 om Directly or indirectly destroy a unique paleontologi-
cal resource or site or unique geologic feature?
0 0 ow Disturb any human remains, including those interred
outside of formal cemeteries?
VI. 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. 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?
iv. 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?
0
0
0
0
0
0
0 om
17 0
0 0
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0 om
0 OIxl
0 ow
8 Rev. 07/03/02
Issues (and Supporting Information Sources).
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?
VII. 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
0
Potentially Significant Unless Mitigation Incorporated
0
(XI
0
0
El
0
0
0
0
0
9
Less Than Significant Impact
0
0
0
0
0
0
0
0
0
0
No Impact
[XI
IXI
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[XI
[XI
El
[XI
Rev. 01/03/02
Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated
Potentially Significant Impact
0
Less Than Significant Impact No Impact
0 0 [XI 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 which permits
have been granted)?
0 0
0
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c) Impacts to groundwater quality?
0 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 0 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 [XI
g) Otherwise substantially degrade water quality? 0
0
I7
cl
0 IXI
[XI 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
i) Place within 100-year flood hazard area structures,
which would impede or redirect flood flows? 0
0
0 0
0
IXI
[XI 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
[XI
IXI 1) Increased erosion (sediment) into receiving surface
waters. 0
0 0 0 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)?
10 Rev. 07/03/02
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
0 0 OIXI n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction?
0 0 OBI 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section
303(d) list?
0 0 OBI p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
IX. 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?
0 0 OH
0 0 OBI
0 0 OIXI c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X. MINERAL RESOURCES - Would the project:
a) 0 0 OB 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?
o 0 OBI 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?
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels 0 IXI on in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies? o 0 OH b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise
levels?
0 0 OB
0 om
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?
11 Rev. 07/03/02
Issues (and Supporting Information Sources).
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?
XII. POPULATION AND HOUSING - Would the project:
a) 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)?
b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
XIII. PUBLIC SERVICES
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?
XIV. 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?
Potentially Significant Potentially Unless Less Than
Significant Mitigation Significant Impact Incorporated Impact
0 0 Ixl
0 0 0
0 0 0
0 0 0
0 0
0 0
0
0
0
0
0
0
0
No Impact
0
Ixl
[XI
[XI
[XI
Ixl
IXI
Ixl
[XI
Ixl
IXI
12 Rev. 07/03/02
Issues (and Supporting Information Sources).
Does the project include
require the construction or
recreational facilities or
expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
XV. TRANSPORTATION/TRAFFIC - 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 tum-
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?
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?
Potentially Significant Impact
0
0
0
o
El
o
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
IXI
IXI
IXI
0
0
0
0
0
0
0
0
No Impact
[XI
0
0
IXI
IXI
[XI
IXI
IXI
[XI
Ixl
IXI
13 Rev. 07/03/02
Issues (and Supporting Information Sources). Potentially
Significant Potentially Unless Less Than
Significant Mitigation Significant No Impact Incorporated Impact Impact
0 0 OIX] 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?
0 0 OM f) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?
0 0 OM g) Comply with federal, state, and local statutes and regulations related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
0 0 OIX] 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?
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?
o 0 ON
0 0 OM
XVIII. EARLIER ANALYSES
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
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.
14 Rev. 07/03/02
The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by
City Council in 1994. A program EIR (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. The Zone
20 PEIR identified, analyzed, and recommended mitigation to reduce potential significant impacts to insignificant
levels. The Zone 20 Program PEIR analyzed potential impacts to agriculture, air quality, biology, circulation, land
use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could
result from the development of the specific Plan area. The PEIR is intended to be used in the review of subsequent
projects within zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the
analysis of the required additional geotechnical, hydrology, and noise analysis a determination has been made that
no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project.
The following environmental evaluation briefly explains the basis for this determination along with identifying the
source documents that support the environmental determination. The Zone 20 PEIR and additional technical studies
are cited as source documents for this environmental evaluation.
15 Rev. 07/03/02
DISCUSSION OF ENVIRONMENTAL EVALUATION
AESTHETICS - Less than significant - The project is subject to the architectural and landscaping standards
contained in the Zone 20 Specific Plan and the City of Carlsbad Policy 44 regarding building architecture, which are
designed to reduce the impacts along arterial roadways.
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
(PMlo). 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 (SANDAG).
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 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 andor 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 R4QS. 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:
0 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.
b) 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 2001) and one day in
2001 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. 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.
16 Rev. 07/03/02
c) 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 15 130 (a)(4), the proposed project’s contribution to the cumulative impact is considered
de minimus. Any impact is assessed as less than significant.
d) 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) 1ocate.d in the vicinity of the
project. No impact is assessed.
e) 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.
AGRICULTURAL RESOURCES
Less than significant impact - The project site is shown as an area of non-prime agricultural land in the Coastal
Agricultural Overlay Zone of the Local Coastal Program. The project site has been designated for residential
development and agricultural uses are allowed as interim uses and conversion of the property from agricultural to
urban development shall be permitted subject to mitigation measures as specified in the LCP, Policy 2-1. Mitigation
measures were adopted with the EIR for the Zone 20 Specific Plan to mitigate the impacts to a level of
insignificance.
HAZARDS AND HAZARDOUS MATERIALS -The site may contain residual hazardous chemical as a result of
the previous agricultural uses. The site shall be re-inspected once the existing uses have been removed, and prior to
grading, for indicators of agricultural chemical residues or hazardous materials release. The project shall implement
the mitigation measures identified in the Zone 20 EIR.
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 1 10 Average Daily Trips (ADT) and 11 peak hour trips.
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:
17 Rev. 07103102
Rancho Santa Fe Road
El Camino Real
Palomar Airport Road
SR 78
1-5
Existing ADT*
15-32
21-50
10-52
120
183-198
Buildout ADT*
28-43
32-65
29-77
144
2 19-249
*The numbers are in thousands of daily trips.
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 CMF’ 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.
c) 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.
d) 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?
No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police
Departments. No impact assessed.
0 Result in inadequate parking capacity?
No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply
with the City’s parking requirements to ensure an adequate parking supply. No impact assessed.
g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus
turnouts, bicycle racks, etc.)?
No Impact. The project in an area conducive to public transportation, being adjacent to Poinsettia Ln, a major
circulation element roadway. No impact is assessed.
BIOLOGICAL RESOURCES - The subject site is a previously graded and developed site which is surrounded by
residential and agricultural development. There are no known biological resources on the site. The subject site is
identified as an “Agricultural” area on the City’s Draft Habitat Management Plan.
NOISE - The site is adjacent to Poinsettia Lane and is subject to roadway noise which exceeds the 60 dI3A CNEL
threshold established by the Noise Guidelines Manual, City of Carlsbad. Mitigation in the form of noise attenuation
walls is required to attenuate the noise from the roadway. The project site is located approximately 4,800 feet south
of the Palomar Airport and is subject to over flight. The noise from aircraft is below 60 dBA CNEL. The following
noise mitigation measures are required for the project:
18 Rev. 07/03/02
1. The project shall incorporate the noise mitigation measures identified in the Acoustical Analysis, Black Rail
hdge, Gordon Bricken and Associates, Dated September 1 1.2003.
2. Prior to the recordation of the first final tract map, the developer shall prepare and record a Notice that the
property is subject to over flight, sight, and sound of aircraft in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the Planning Department).
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.
2.
3.
4.
5.
6.
7.
Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01).
City of Carlsbad Planning Department. March 1994.
Final Promam Environmental Impact Report for the Zone 20 Specific Plan proiect. Carlsbad, California,
(EIR 90-03), City of Carlsbad, CA, June 1992 (SCH 90010134)
Acoustical analvsis, Black Rail Ridge. Citv of Carlsbad, Gordon Bricker and Associates, September 11,
2003
Preliminarv Geotechnical Evaluation, Black Rail Ridge. APN 215-070-33, Citv of Carlsbad, San Diego
Countv, Geosoils, Inc, September 3,2003
Stormwater Management Plan for Black Rail Ridge Tentative Mau, Michael L. Benesh, RCE 37893,
August 28,2003
Drainage Studv. Tentative Map CT 03- . Black Rail Ridge, Michael L. Benesh, RCE 37893, August 28,
2003.
Phase 1 Environmental Site Assessment. 6571 Black Rail Road, Carlsbad, CA 92009 A€" 215-070-33,
January 2,2004, Planning Systems
19 Rev. 07103102
LIST OF MITIGATING MEASURES (IF APPLICABLE)
The project shall incorporate the noise mitigation measures identified in the Acoustical Analysis, Black Rail Ridge,
Gordon Bricken and Associates, Dated September 11,2003.
Prior to the recordation of the first final tract map, the developer shall prepare and record a Notice that the property
is subject to over flight, sight, and sound of aircraft in a form meeting the approval of the Planning Director and the
City Attorney (see Noise Form #2 on file in the Planning Department).
A detailed soils report shall be prepared by a registered soils engineer, and submitted to the City and County Health
Departments for review and approval. This report shall evaluate the potential for soil contamination on-site due to
historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of
possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals
are detected at high concentrations in the soils.
20 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.
21 Rev. 07/03/02
I
PROJECT NAME: Black Rail Ridge FILE NUMBERS: ZC 03-08/ LCPA 03-09/ CT 03-13/CDP 03-37
APPROVAL DATE:
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 31 80 (Public Resources Code Section 21 081.6).
Monitoring
Department
Planning
Planning
Mitigation Measure
The project shall incorporate the noise mitigation
measures identified in the Acoustical Analysis, Black
Rail Ridge, Gordon Bricken and Associates, Dated
Shown on
Plans
Yes
No
September I 1,2003.
Prior to the recordation of the first final tract map, the
developer shall prepare and record a Notice that the
property is subject to over flight, sight, and sound of
aircraft., in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on
file in the Plannina DeDartment).
A detailed soils report shall be prepared by a registered
soils engineer, and submitted to the City and County
Health Departments for review and approval. This
report shall evaluate the potential for soil contamination
on-site due to historic use, handling, or storage of
restricted agricultural chemicals. The report shall also
identify a range of possible mitigation measures to
remediate any potentially significant public health
impacts if hazardous chemicals are detected at high
concentrations in the soils.
Monitoring
Type
Prior to
occupancy
Prior to
recordation of
first tract map
Prior to
Grading
Permit
issuance
Verified
Implementation Remarks
Exdanation of Headinas: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
information. Shown on Plans =When mitigation measure is shown on plans, this column will be
initialed and dated.
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.
RD - Appendix P.