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HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58561 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. 5856 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, AND ADOPTING A FINAL ADDENDUM TO THE EIR, CANDIDATE FINDINGS OF FACT, AND A MITIGATION MONITORING AND TO ALLOW THE REESTABLISHMENT OF A SEWER MAINTENANCE ACCESS ROAD, CONSTRUCTION OF A SHORELINE PROTECTION WALL, RELOCATION OF SEWER PIPELINE, REHABILITATION OF MANHOLES, AND FUTURE MAINTENANCE AND OPERATION ACTIVITIES SEWER LINE AND DEVELOPMENT OF A PORTION OF THE CITYWIDE TRAIL SYSTEM ON PROPERTY GENERALLY LOCATED ALONG THE NORTHERN SHORE OF AGUA HEDIONDA LAGOON GENERALLY BETWEEN HOOVER STREET AND COVE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. REPORTING PROGRAM FOR THE NAHI-WEST PROJECT FOR THE NORTH AGUA HEDIONDA-WEST (NAHI-WEST) CASE NAME: NAHI-WEST CASE NO: EIR 03-02 WHEREAS, the City of Carlsbad Public Works Division, “Developers,” have filed a verified application with the City of Carlsbad regarding property owned by various owners, “Owners,” described as Assessor’s Parcel Numbers: 206-120-36; 206-120-21; 206-120- 28; 206-120-29; 206-120-19; 206-120-18; 206-120-38; 206-120- 37; 206-120-16; 206-171-09; 206-171-03; 206-172-04; 206-172- 03; 206-172-05; 206-172-06; 206-172-07; 206-200-01; 206-200- 02; 206-200-03; 206-200-04; 206-200-05; 206-200-06; 206-200- 07; 206-200-12; 206-200-13; 207-150-087; and 207-150-086 (“the Property”); and WHEREAS, a Project Environmental Impact Report (EIR 03-02) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 6th day of April 2005, 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 Project EIR, Final Addendum, Candidate Findings of Fact, 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 and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: That the foregoing recitations are true and correct. That the Final Project Environmental Impact Report consists of the Final Environmental Impact Report (EIR 03-02), dated October 2004, appendices, written comments, and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Department, incorporated by this reference, and collectively referred to as the “Report.” That the Environmental Impact Report EIR 03-02, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Planning Commission hereby CERTIFIES the Environmental Impact Report (EIR 03- 02); and ADOPTS the Final Addendum (“Addendum”), and ADOPTS the Candidate Findings of Fact (“Findings” or “CEQA Findings”), attached hereto as Exhibit “EIR-A” and incorporated by this reference; and ADOPTS the Mitigation Monitoring and Reporting Program (“Program”), attached hereto as Exhibit “EIR-B” and incorporated by this reference; based on the following findings and subject to the following conditions: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 03-02 and the Addendum and the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”), attached hereto as Exhibit “EIR-A”; the Mitigation Monitoring and Reporting Program (“Program”), attached hereto as Exhibit “EIR-B,” prior to APPROVING the project. 2. The Planning Commission of the City of Carlsbad does hereby find that Final EIR 03-02, the Addendum, the Candidate Findings of Fact, and the Mitigation Monitoring and PC RES0 NO. 5856 -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 3. 4. 5. 6. Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. The Planning Commission finds that Final EIR 03-02 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 2 108 1 and CEQA Guidelines 15091, and infeasibility of project alternatives. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. The Record of Proceedings for this project consists of the Report, the Addendum, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters, and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the EIR on the project; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they consider including, but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, Local Facilities Management Plans, City's Capital Improvement Program, and the City's Habitat Management Plan and Implementing Agreement, all incorporated herein by reference, which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and at 1635 Faraday Avenue in the custody of the Director of Planning. Conditions: 1. The Developer shall implement the mitigation measures described in Exhibit "EIR- B," the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to the development of the NAHI-West project. ... ... ... ... ... PC RES0 NO. 5856 -3 - 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 6th day of April 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman, Montgomery and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: rn JEFFRE N. SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: n c DON NEU Assistant Planning Director PC RES0 NO. 5856 -4- EXH I BIT "El R=A" CITY OF CARLSBAD PLANNING COMMISSION RESOLUTION NO, 5856 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT for the FINAL ENVIRONMENTAL IMPACT REPORT (SCH No, 2003051076) (EIR 03102) NORTH AGUA HEDIONDA INTERCEPTOR WESTERN SEGMENT -1- SECTION 1. PLANNING COMMISSION CERTIFICATIONS In accordance with Section 15090 of the Guidelines, the Planning Commission certifies that: 1. The Final EIR has been completed in compliance with CEQA and CEQA Guidelines. 2. The Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to adopting the proposed North Agua Hedionda Interceptor Western Segment. Subsequent to the preparation of the Final EIR, design modifications to the roadway drainage were proposed to comply with the City’s Jurisdictional Urban Runoff Management Plan (JURMP), to reduce long-term maintenance activities and costs, and to comply with newly adopted wetlands permit requirements. An Addendum has been prepared that describes the roadway design modifications and documents the environmental effects associated with the proposed modifications. 3. The Final EIR reflects the independent judgment of the Planning Commission and contains sufficient information and analysis to allow the Planning Commission to make an informed decision, considering the environmental implication of the proposed project, mitigation measures, and alternatives. SECTION 2. ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The Carlsbad Planning Commission hereby finds that the following potential environmental impacts of the North Agua Hedionda Interceptor Western Segment Project are less than significant and therefore do not require the imposition of mitigation measures. It should be noted the City has included commitments in the project design (called Project Design Features) that serve to reduce the environmental impacts of the project. The Project Design Features are included with the Mitigation, Monitoring, and Reporting Program as a separate “Project Design Features” table (Exhibit C). A. Aesthetics Short-term construction-related visual impacts associated with trenching, stockpiling of excavated spoils, and storage of construction materialdequipment will be short-term in nature. Construction activities will occur during the day; therefore no lighting will be required. The short-term impacts are not considered significant due to their temporary nature. Impacts will not be significant (Final EIR, p. 3-9). The proposed project will add approximately 200 linear feet of paved roadway to Hoover Street. Views of this paved portion of Hoover Street are not considered a significant visual impact because it will appear as an extension of an already existing roadway. The extension of Hoover Street will not have a substantial adverse effect on a scenic vista nor will it substantially degrade -2- the existing visual character of the project site. Hoover Street is not identified as a state scenic highway; therefore, the Project will not damage scenic resources within a state scenic highway. No permanent lighting is proposed as part of the project, which will create a new source of substantial light or glare. Therefore, no significant visual impacts associated with the extension of Hoover Street will occur (Final EIR, p. 3-1 1). No mitigation is required. Re-establishment of the 12-foot wide maintenance access road with decomposed granite will not result in significant impacts to the existing visual character of the project site because the overall size of the road in relation to the larger adjacent open space areas will not appear as a substantial adverse change in physical conditions (Final EIR, p 3-1 1). No mitigation is required. Views of the shoreline protection wall with a sculpted wall face will not adversely affect the aesthetics of the lagoon because the design of the wall includes a color and textured finish that mimics the adjacent coastal bluffs. Construction of the shoreline protection wall will not have a substantial adverse effect on a scenic vista nor will it substantially degrade the existing visual character of the project site. Therefore, no significant visual impacts associated with construction of the shoreline protection wall will occur (Final EIR, p 3-12). No mitigation is required. Future maintenance and operation activities will involve City public works staff accessing the project site with maintenance vehicles and equipment up to four times a year. Maintenance and operation activities will occur during the day; therefore no lighting will be required and no permanent lighting is proposed as part of the project. Views of the work crews and equipment are not considered an impact to the aesthetics of the lagoon because the visits are short in duration and no permanent storage of equipment or lighting will occur (Final EIR, p 3-12). No mitigation is required. Cumulative impacts related to aesthetics for development projects and other City projects within the Agua Hedionda Lagoon viewshed are not considered significant, since they are expected features in the developed landscape or are mostly underground. Views of construction activities and equipment will not be permanent and therefore, less than significant impacts will occur (Final EIR, p. 6-5). B. Biological Resources Implementation of the Project will result in direct and indirect impacts to approximately 35 individual spiny rush plants within the project corridor (Final EIR, p 3-49 to 3-51). These impacts are regarded as less than significant because it is a List 4 California Native Plant Society (CNPS) species, and the species is fairly common along the shoreline of Agua Hedionda Lagoon. The permanent and temporary loss of salt marsh habitat is considered a direct impact on the salt marsh skipper population onsite. All 16 individuals observed will be potentially impacted by the project. The temporary and permanent loss of up to 0.20 acre of southern coastal salt marsh potentially occupied by salt marsh skipper is not considered significant (Final EIR, p 3-50). Likewise, potential direct impacts to 16 individual butterflies observed along the alignment are not considered significant. This species is relatively common in coastal marsh environments and the impacts will affect only a small portion of the available suitable habitat in the lagoon (0.2% -3- of total available suitable habitat, according to regional vegetation mapping). Direct impacts to other potentially occurring sensitive species, including San Diego homed lizard (Phrynosoma coronaturn blainville), orange-throated whiptail (Cnemidophorus hyperythrus), southern California rufous-crowned sparrow (Aimophila ruficeps canescens), and Dulzura California pocket mouse (Chaetodipus calijornicus femoralis) are not considered significant because these species are relatively common and the overall loss of habitat is low compared to available upland and wetlands habitats in the surrounding lagoon environment (Final EIR, p. 3- 50). Long-term maintenance and monitoring will result in direct temporary impacts to vegetation communities within a portion of the Project where compacted surfaces do not require improvement to allow regular maintenance access. Because ongoing maintenance activity is not expected to impact the vegetation communities or soil composition in these areas, no significant impacts will occur to vegetation communities (Final EIR, p. 3-49). Due to its location and surrounding residential development, the habitat present within the Project site is not connected to any substantial natural terrestrial habitat. Therefore, the Project will not directly or indirectly impact the function of the intertidal zone as a linkage or corridor (Final EIR, p 3-5 1 and 3-52). Biological resource impacts considered significant but mitigated to a level less than significant are identified in Section 3 below. C. Cultural Resources Grading activities associated with the re-establishment of the access road and construction of the retaining walls will destroy artifacts located within one identified cultural resource site, CA-SDI- 13701. Because the portion of CA-SDI-13701 within the project study area is not significant, impacts resulting from construction of the proposed project will be less than significant (Final EIR, p.3-62). However, there is a potential to encounter buried cultural resources during construction (Final EIR, p.3-62). Therefore, the following design feature is recommended and will be incorporated into the project. Project Design Feature A project archaeologist shall be retained and will attend pre-construction meetings with the construction manager and grading contractor. At this meeting, the project archaeologist will identifl all areas to be monitored and be advised of the construction schedule. 0 0 The project archaeologist or hisher qualified monitor shall be present full-time during the grading or excavation of native soils and document observations on a routine basis. In the event of a discovery, the archaeologist or archaeological monitor shall divert, direct, or temporarily halt ground-disturbing activities in the area of discovery to allow for preliminary evaluation of potentially significant archeological resources. -4- 0 For significant resources, a research design and data recovery program shall be prepared by the project archaeologist and shall be carried out to mitigate impacts prior to resumption of ground disturbing activities in the area of discovery. 0 If human remains are encountered, the archaeologist shall act in accordance with the California Public Resources Code and the State Health and Safety Code. Established procedures are to be followed if the remains are determined to be Native American. 0 All recovered archaeological material collected is to be cleaned, catalogued and permanently curated at an appropriate institution. All artifacts and all faunal material shall be analyzed. A final report is to be produced within a specified time of project completion. 0 All sites shall be recorded at the South Coastal Information Center at San Diego State University. The long term maintenance and operation of the Project will involve field visits up to 12 times a year. No significant impacts as a result of maintenance and operation activities are anticipated because all work will be conducted within the sewer access road or immediately adjacent along the shoreline protection structure. No mitigation is required. D. Geology and Soils Soil erosion as a result of wave action on the landward side of the shoreline protection structure will not occur, as waves fiom the lagoon will not reach the top of the shoreline protection structure. No significant impacts associated with soil erosion on the landward side of the shoreline protection structure will occur and no mitigation is required. The shoreline protection wall will have an impact on sediment transport fiom the bluff to the lagoon. This impact is due to the physical interruption of sand movement from the eroding bluffs to the shoreline due to the introduction of the wall. This affect is known as passive erosion. Current CEQA guidelines do not provide criteria to determine significance of these affects. Determination of significance for this project considers existing conditions and overall project affects on the lagoon beach. Historical records (based on 1965 and 1998 topographic surveys) of the shoreline show both shoreline erosion and accretion (Le., accumulation of sand), depending on the location along the alignment. The difference between the Agua Hedionda lagoon environment and a seawall project on an ocean facing beach should also be noted. Also, the existing condition is one where an existing relatively thin beach is shifting in width due to various environmental factors. Improved public access provided by the project may offset adverse impacts on erosive mechanisms of sediment transport. The proposed project provides stable trail access to the lagoon coastline during all tide levels where currently there is no access during even average high tides. Thus the potential loss of recreational sand due to passive erosion is offset by the improvement of coastal recreational access, no significant impacts are anticipated, and no mitigation is required. Cut and fill slopes above the groundwater table are considered stable at inclinations of 2:l (horizontal to vertical) or flatter (Final EIR, p. 3-73). The project does not propose construction -5- of manufactured slopes greater than 2:1, therefore slope instability due to the proximity of groundwater is not anticipated and no significant impacts will occur. No mitigation is required. Potential impacts associated with seismic events to people or structures are not considered significant due to features incorporated into the project design, which provide for additional structural stability (Final EIR, p. 3-73). No mitigation is required. The likelihood of a landslide within the project site causing substantial risk to human life or structures is considered low (Final EIR, p 3-73). Any debris flow, which may occur during an extreme rainfall event, will be removed fkom the access road. Landslides will result in less than significant impacts to people and structures. No mitigation is required. E. Hydrology The proposed Project will not significantly affect the hydrology of Agua Hedionda Lagoon or result in impacts associated with placement of structures in a 100-year floodplain. No feature of the Project will substantially alter the existing drainage patterns in such a manner that will altedimpede the course of any waterway or increase surface water flows into the Agua Hedionda drainage basin. No impacts to hydrology will occur and therefore, no mitigation is required. The beneficial uses of the lagoon will not be adversely affected by the proposed Project. No changes in land use will occur as a result of implementation of the Project, therefore, the existing functions and values of the lagoon will not be impacted. No mitigation is required. Groundwater recharge and quality will not be significantly impacted, as the proposed Project will not introduce a substantial amount of impervious area or alter groundwater characteristics. Less than significant impacts to groundwater recharge and quality will occur, therefore, no mitigation is required. SECTION 3. ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The Carlsbad Planning Commission hereby finds that mitigation measures have been identified in the Final EIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that will reduce the impacts to a less than significant level are as follows: A. Aesthetics 1. Potentially Significant Impacts Views of the crib walls along the lower portions of the bluffs will be visible by motorists from I- 5 and local roadways, and by boaters and jet-skiers using the lagoon. Views of the crib walls are considered a significant visual impact because they change existing views of the coastal bluffs to one that contains several man-made structures along the shoreline. -6- 2. Findings The Carlsbad Planning Commission hereby finds that with the implementation of the following mitigation measures, potential visual impacts will be reduced to a less than significant level: e Mitigation for visual impacts resulting from the construction of the crib walls will include seeding the open areas of the crib walls with native plant species. The planting of the crib wall shall be described in the Coastal Sage Scrub Mitigation and Monitoring Plan, which shall, at a minimum, include a discussion of site preparation, planting, irrigation (if necessary), and a five-year maintenance and monitoring plan. The plan shall identify a plant palette consisting of native plant species and shall outline a maintenance schedule that prevented the invasion of non-native exotic species. 3. Supporting Explanation The introduction of the crib walls along the shoreline of Agua Hedionda Lagoon will result in significant visual impacts. It is anticipated that views of the crib walls will diminish as native plants that are seeded into the crib wall establish and obscure views of the walls. The crib walls will blend in with the bluffs as the plants grow and mature to reduce the wall’s visibility. No significant adverse impacts will remain after mitigation. B. Biological Resources 1. Potentially Significant Impacts The North Agua Hedionda Interceptor Western Segment Project will result in potential significant impacts to biological resources, including sensitive uplands habitat, wetlands habitats and sensitive wildlife species. Both direct and indirect impacts are anticipated during construction, maintenance and operation activities. Direct Impacts Significant direct permanent impacts to vegetation communities include 0.04 acre of intertidal mudflat, ~0.01 acre of intertidal rocky beach, 0.10 acre of southern coastal salt marsh, 0.30 acre of coastal sage scrub, and <0.01 acre of unvegetated ephemeral stream channel. All other vegetation communities and land cover types with direct permanent impacts identified in Table 3.2-4 (Final EIR, p. 3-49) are not considered significant because these communities/land covers are not considered rare, threatened, or sensitive. Significant direct short-term temporary impacts to vegetation communities include a maximum of 0.07 acre of intertidal mudflat, 0.01 acre of intertidal rocky beach, 0.10 acre of southern coastal salt marsh, CO.01 acre of disturbed southern coastal salt marsh, 0.74 acre of coastal sage scrub, <0.01 acre of disturbed coastal sage scrub, <0.01 acre of developed land within tidal jurisdiction, and <0.01 acre of unvegetated ephemeral stream channel. All other vegetation communities and land cover types with direct short-term temporary impacts identified in Table 3.2-4 (Final EIR, p. 3-49) are not considered significant because these communities/land covers are not considered rare, threatened, or sensitive. -1- Implementation of the Project will result in the permanent and temporary loss of 1.04 acres of habitat that is occupied by two pairs of the federally-listed threatened coastal California gnatcatcher. The loss of a total of up to 1.04 acres of habitat that is potentially occupied by two pairs of California gnatcatcher is considered significant. In addition, the potential for construction to directly impact coastal California gnatcatcher individuals is significant. Indirect Impacts Indirect impacts to vegetation communities primarily will result from adverse “edge effects.” During construction of the access roadseawall, sewer line improvements, and manhole rehabilitation, edge effects may include dust, which could disrupt plant vitality or construction related soil erosion, pollution, siltation, and runoff, which can result in habitat destruction or habitat conversion. These effects may be particularly detrimental to jurisdictional wetlands and coastal sage scrub and therefore are considered significant. Long-term indirect impacts on vegetation communities may result from trail and sewer maintenance activities and include increased trash, introduction of exotic species, dust, and chemical pollution. Trail amenities and gating to prevent off road vehicle activity will reduce some of these effects; however these affects are still considered significant. In addition, alteration of surface hydrology due to the introduction of the access roadseawall into this coastal environment may indirectly affect plant vitality and/or type convert vegetation communities. The long-term alteration of hydrology may include changes in storm water patterns at various locations along the alignment, erosion, and sediment transfer. Although the incorporation of a decomposed granite access road surface reduces potential long-term indirect impacts related to alteration of hydrology, the general conveyance of storm water along the alignment will significantly affect adjacent sensitive vegetation communities. Short-term noise during construction of the access roadseawall, sewer line improvements, and manhole rehabilitation has the potential to significantly affect California gnatcatcher breeding activity. Other short-term indirect impacts related to construction such as dust, soil erosion, pollution, siltation, and runoff will also have a significant impact on sensitive wildlife species. Long-term maintenance and trail use is expected to result in increased trash, introduction of exotic species, dust, chemical pollution and noise. Noise levels will not be of a fiequency or intensity to result in significant impacts on sensitive wildlife species including California gnatcatcher. Other indirect impacts will result in significant affects on sensitive wildlife species. 2. Findings The Carlsbad Planning Commission hereby finds that with the implementation of the following mitigation measures, potential biological resource impacts will be reduced to a less than significant level: Direct ImDact Mitipation Measures The permanent loss of 0.04 acre of intertidal mudflat, CO.01 acre of intertidal rocky beach, -8- and 0.10 acre of southern coastal salt marsh, and <0.01 acre of unvegetated ephemeral stream channel shall be mitigated through like-habitat creation, within Agua Hedionda Lagoon, at a ratio of 4: 1. The loss of unvegetated ephemeral stream channel can be mitigated by creation of any wetland habitat type. A Conceptual Wetlands Mitigation and Monitoring Plan shall be prepared to the satisfaction of the City Planning Director, and implemented to further the current effort towards revegetation of appropriate native habitats within the Agua Hedionda Lagoon. At a minimum, the plan shall include discussion of grading, site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. The permanent loss of 0.30 acre of coastal sage scrub shall be mitigated through the creation of like-habitat within the Agua Hedionda Lagoon area at a ratio of 1:l and through either habitat preservation at a ratio of 1:l within the planned Lake Calavera mitigation bank or through the creation of like-habitat within the Agua Hedionda Lagoon area at a ratio of 1 : 1. The total mitigation for permanent impacts to coastal sage scrub shall consist of 0.60 acre, or a 2:l mitigation ratio. Areas within Agua Hedionda Lagoon have been identified as significantly disturbed and suitable for coastal sage scrub revegetatiodcreation. A Coastal Sage Scrub Mitigation and Monitoring Plan shall be prepared to the satisfaction of the City Planning Director, and implemented to further the current effort towards revegetation of appropriate native habitats within the Agua Hedionda Lagoon. At a minimum, the plan shall include discussion of grading, site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. 0 The potential temporary loss of up to 0.07 acre of intertidal mudflat, 0.01 acre of intertidal rocky beach, 0.10 acre of southern coastal salt marsh, <0.01 acre of disturbed southern coastal salt marsh, 0.74 acre of coastal sage scrub, <0.01 acre of disturbed coastal sage scrub, <0.01 acre of developed land within tidal jurisdiction, and <0.01 acre of unvegetated ephemeral stream channel shall be mitigated through the restoration, in-place, at a 1:l ratio, of appropriate habitat types immediately following construction. Restoration of trenching and disturbed construction work areas previously supporting these sensitive vegetation communities shall consist of the pre-existing vegetation type. Restoration of habitats within graded areas (Le., slopes) shall consist of coastal sage scrub. Restoration of wetlands shall be discussed in a Conceptual Wetlands Mitigation and Monitoring Plan which shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. Restoration of uplands shall be discussed in a Coastal Sage Scrub Mitigation and Monitoring Plan, which shall, at a minimum, discuss impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, maintenance, and monitoring. 0 The permanent loss of coastal sage scrub habitat occupied by coastal California gnatcatcher shall be mitigated through deduction of credits at a 1 : 1 ratio at the Lake Calavera mitigation bank. The temporary loss of habitat for the species shall be mitigated through implementation of the Coastal Sage Scrub Mitigation and Monitoring Plan discussed above. The plan shall, at a minimum, discuss impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, maintenance, and monitoring. -9- In addition, the potential for direct impacts to coastal California gnatcatcher individuals shall be mitigated by restricting the clearing of coastal sage scrub within the project alignment to outside of the gnatcatcher breeding season (August 16 through February 28). Indirect Impact Mitigation Measures Indirect short-term impacts including dust, soil erosion, pollution, siltation, and runoff shall be reduced through implementation of typical construction BMPs and implementation of an approved Storm Water Pollution Prevention Plan (SWPPP). Implementation of these practices shall include: Placement of stockpiles of soils and materials such that they cause minimal interference with onsite drainage patterns. Hay bale barriers or gravel bags will be placed along the toes of graded slopes to help reduce sedimentation during grading operations. Placement of a silt curtain or other drainage control device around construction areas to protect natural drainage channels fiom sedimentation. Dewatering conducted in accordance with the standard regulations of the RWQCB. A permit to discharge water from dewatering activities will be required. Use of paved roadways or designated staging areas for all equipment and vehicle reheling and maintenance. Implementation of dust control measures such as watering. Temporary fencing of the limits of the temporary construction easement and staging areas with clearly visible orange construction fencing. In order to ensure that these measures are adequately protecting adjacent biological resources, construction activity related to the access roadseawall, sewer line improvements, and manhole rehabilitation shall be monitored by a qualified biologist familiar with the sensitive flora and fauna of the area. Biological monitoring shall be of a fiequency and duration necessary to reasonably assure that indirect impacts are minimized. This shall include implementation of a contractor education program, verification of proper construction staking/fencing, full-time monitoring of vegetation removal, periodic monitoring of construction activity adjacent to sensitive resource areas, and reporting of contractor compliance and impact minimization measures on a monthly basis. On-going indirect impacts related to maintenance and trail activities shall be mitigated through implementation of a training program for City maintenance staff and regular trail monitoring and management. The training program for City maintenance staff shall be conducted by senior Public Works and Planning staff and include discussion of biologically sensitive resource areas, existing permit regulations, seasonal restrictions, and protocols for unauthorized impacts. - 10- 0 0 e 0 3. Trail monitoring and management shall be conducted by the City or designated management entity. The management entity shall retain qualified personnel to monitor and manage trail use such that impacts on adjacent resources are minimized. The name and contact information of the management entity shall be visibly identified on trail signs such that users can contact the appropriate trail managers regarding issues. Trail maintenance will be largely conducted as part of the access road maintenance; however, additional monitoring of adjacent habitat conditions shall be conducted quarterly. The results of the monitoring effort shall be used to adaptively manage trail usage and, if necessary, to implement use restrictions. These measures will reduce long-term indirect impacts to a level below significant by reducing unauthorized encroachment into sensitive resource areas by City maintenance staff and public trail users and reducing levels of trash, dust, exotic plant species, and chemical pollution. The potential for introduction of exotic plant species into adjacent native plant communities shall be reduced through planting of all cribs walls proposed as part of the project. The planting shall consist of native coastal sage scrub materials and shall be conducted in accordance with the Coastal Sage Scrub Mitigation and Monitoring Plan. The plan shall include, at a minimum, discussion of planting, irrigation (if necessary), maintenance and monitoring. The successfbl planting of the crib wall with native plant species will reduce the potential for exotic plant species invasion to a level below significant. Potential long-term indirect impacts related to alternation of hydrology shall be reduced through compliance with the City’s Jurisdictional Urban Runoff Management Plan (JURMP). Compliance with the JURMP shall include proper engineering design and construction of drainage control devices to collect and direct surface water runoff to natural drainage features present along the alignment. Culverts designed into the project to collect and channel drainage from areas upstream of the road shall also be properly sized to handle storm water volumes. These measures, as well as existing project design measures such as the decomposed granite access road surface, shall reduce potential long-term indirect impacts to a level below significant. The potential short-term increase in noise related to construction of the access roadseawall, sewer line improvements, and manhole rehabilitation shall be mitigated through avoidance of construction during the gnatcatcher breeding season OR maintenance of noise levels below 60 &A Leq at occupied nest locations. The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatchers within 500 feet of project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician. Supporting Explanation The North Agua Hedionda Interceptor Western Segment Project will result in the direct permanent loss of 0.04 acre of intertidal mudflat, cO.01 acre of intertidal rocky beach, and 0.10 acre of southern coastal salt marsh, and CO.01 acre of unvegetated ephemeral stream channel. Direct impacts to these vegetation communities are considered significant. Creation of like- habitat within Agua Hedionda Lagoon at a ratio of 4:l will mitigate for the loss of these habitat - 11 - types by establishing like-habitat in the same eco-region with similar functions and values in terms of occupied flora and fauna and ecosystem processes. The Project will directly impact 0.30 acre of coastal sage scrub. Direct permanent impacts to this vegetation community are considered significant. Creation of like-habitat within the Agua Hedionda Lagoon area at a ratio of 1 : 1 or through habitat preservation at a ratio of 1 : 1 within the planned Lake Calavera mitigation bank at a ratio of 1 : 1 will mitigate for the loss of coastal sage scrub habitat. The total mitigation for permanent impacts to coastal sage scrub shall consist of 0.60 acre, or a 2:l mitigation ratio. This ratio adequately mitigates impacts by replacing impacted habitat and preserving and managing habitat which benefit native species dependent on this habitat type. The Project will temporarily impact 0.07 acre of intertidal mudflat, 0.01 acre of intertidal rocky beach, 0.10 acre of southern coastal salt marsh, <0.01 acre of disturbed southern coastal salt marsh, 0.74 acre of coastal sage scrub, <0.01 acre of disturbed coastal sage scrub, cO.01 acre of developed land within tidal jurisdiction, and cO.01 acre of unvegetated ephemeral stream channel. Direct temporary impacts to these vegetation communities are considered significant. Restoration, in-place, at a 1 : 1 ratio, of appropriate habitat types immediately following construction will mitigate for the loss of these vegetation communities by re-establishing like- habitat with similar functions and the pre-construction condition. The Project will impact a total of 1.04 acres of coastal sage scrub habitat occupied by coastal California gnatcatcher. Direct impacts to occupied coastal sage scrub habitat are considered significant. Deduction of credits at a 1 : 1 ratio at the Lake Calavera mitigation bank will mitigate for the loss of occupied coastal California gnatcatcher habitat by protecting and managing habitat known to support the species in the region. In addition, the potential for direct impacts to coastal California gnatcatcher individuals shall be mitigated by restricting the clearing of coastal sage scrub within the project alignment to outside of the gnatcatcher breeding season (August 16 through February 28) thus protecting against direct nest harm and breeding failure. The Project will temporarily impact coastal sage scrub habitat occupied by coastal California gnatcatcher. The temporary loss of habitat for the species shall be mitigated through implementation of the Coastal Sage Scrub Mitigation and Monitoring Plan which will replace habitat suitable for the species by establishing pre-construction biological conditions. The Project will result in indirect short-term impacts to vegetation communities during construction. These impacts may include dust, soil erosion, pollution, siltation, and runoff and are considered significant. Implementation of typical construction BMPs and implementation of an approved Storm Water Pollution Prevention Plan (SWPPP) will mitigate for indirect impacts to vegetation communities during construction. In addition, a biological monitor will be present during construction to implement a contractor education program, verify proper construction stakinglfencing of sensitive habitats, monitor vegetation removal, periodically monitor construction activity adjacent to sensitive resource areas, and report contractor compliance and impact minimization measures on a monthly basis. The biological monitoring will ensure that indirect impacts on vegetation communities will be minimized to level below significant. Implementation of a training program for City maintenance staff and regular trail monitoring and -12- management will minimize long-term impacts associated with sewer maintenance and trail activities to less than significant by reducing the potential for excessive maintenance noise, off- road activities, trash dumping, etc.. Also, monitoring by the trail management entity will reduce unauthorized encroachment into sensitive resource areas by City maintenance staff and public trail users, thus reducing levels of trash, dust, exotic plant species, and chemical pollution to below significant levels. Planting of crib walls with coastal sage scrub materials in accordance with the Coastal Sage Scrub Mitigation and Monitoring Plan will reduce the potential for exotic plant species invasion to a level below significant. Compliance with the City’s JURMP will reduce potential long-term indirect impacts to surface hydrology to a level below significant by ensuring that drainage features are designed to reduce pollutant discharge to the maximum extent practicable and that excessive pollutant and drainage loads are not generated. The Project will result in a short-term increase in construction related noise, which may impact California gnatcatchers. Noise impacts to this species during construction are considered significant. Avoidance of construction during the gnatcatcher breeding season OR maintenance of noise levels below 60 &A Leq at occupied nest locations will mitigate for noise impacts to less than significant. The seasodnoise restriction will minimize the potential for breeding failure of gnatcatchers in the area. The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatchers within 500 feet of project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician. C. Cultural Resources 1. Potentially Significant Impacts The proposed Project is located in areas formerly inhabited by the Luiseno tribe of Native American Indians. Potential impacts to unrecorded Native American cultural sites or human remains are considered significant and require mitigation. Implementation of the proposed project may potentially disturb unknown buried paleontologic resources. Construction of the shoreline protection structure requires installation of piers to a depth of approximately 30 feet. Excavation to this depth will reach the Santiago Formation, a geologic formation with moderate sensitivity for bearing paleontologic resources. Buried fossils may physically be destroyed during excavation activities. Impacts to buried paleontologic resources are considered significant and require mitigation. 2. Findings The Carlsbad Planning Commission hereby finds that with the implementation of the following mitigation measures, potential impacts to cultural resources will be reduced to less than significant: 0 The City shall enter into a pre-excavation agreement with the San Luis Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. -13- e Monitoring shall be performed by a qualified paleontologist during all new excavation activities which are to occur along slopes with gradients steeper than 2:l. In the event that a fossil is revealed during new excavation activities, grading shall be stopped immediately and the qualified paleontologist shall conduct further study to determine the significance of an artifact or site. 3. Supporting Explanation One cultural resource site, CA-SDI-13701, was documented within the study area. This site was tested in the field to determine site significance. The field testing involved surface site mapping and shovel test pits to determine site size and depth (Final EIR, p. 3-61). The field testing determined that the site was not significant. The potential exists for unknown buried artifacts to occur within the project study area. Measures, described above in Section 2, will reduce potential impacts to cultural resources to below significant. The City wdl also mitigate for potential impacts to areas formerly inhabited by the Luiseno tribe of American Indians by entering into an agreement with the tribe that defines procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. Construction of the proposed Project may disturb fossil-bearing geological strata andor areas formerly inhabited by the Luiseno tribe of Native American Indian. Impacts to cultural and paleontological resources during construction are considered significant. Monitoring by a qualified paleontologist will mitigate potential impacts to paleontological resources to less than significant by ensuring that resources are properly recovered, where necessary. D. Geology and Soils I. Potentially Significant Impacts Construction of the shoreline protection wall and crib walls will involve placement of these structures on top of fill soils, alluvium, colluvium, and bay deposits. These soils are unstable when they become saturated during periods of high tide (Final ER, p3-72). Placement of the shoreline protection wall and crib walls on top of these unstable soils may cause collapse of these structures and injury to people. Therefore, construction of the proposed project on unstable soils will result in a significant impact (Final EIR, p. 3-73). During excavation, the loose andor saturated fill, alluvium and colluvium soils present may cave in and jeopardize the integrity of the trench, as well as injure construction workers. Exposure of people or structures to hazards associated with caving or sloughing of unstable soils during trenching is considered a significant impact (Final EIR, p. 3-73). During project construction, soil will be stockpiled. There is the potential for temporary soil erosion to occur during construction activities and the loss of soil and resulting sedimentation in the lagoon is considered a significant impact (Final EIR, p. 3-73). -14- The access road will be surfaced with decomposed granite, a pervious material that may result in an increase in runoff of sediment into the lagoon. Sedimentation into the lagoon will degrade lagoon water quality and is considered a significant impact (Final EIR, p. 3-73). Post-construction, all temporarily disturbed areas and crib walls will be promptly revegetated with a hydroseed application of native plant species to reduce soil erosion. However, soil erosion and resulting sedimentation into the lagoon may potentially occur before plant establishment. Soil erosion and sedimentation into the lagoon will degrade water quality and is considered a significant impact (Final EIR, p. 3-73). During excavation activities, groundwater or surface water may enter trenches and expose construction workers to hazards associated with groundwater or surface water seepage. This is considered a significant impact (Final EIR, p. 3-74). The stability of the existing sewer and retaining wall may be compromised by liquefiable soils located in two areas within the project site: near manhole numbers 14 and 16. While most of the existing sewer is located on stable formational materials, these two areas are supported by unconsolidated soils. As a result of a seismic event, liquefaction of the unconsolidated soils may potentially cause ground settlement beneath the pipeline (Final EIR, p. 3-75). Ground settlement underneath the sewer may result in a breach of the pipeline. Impacts as a result of liquefaction are considered significant and require mitigation. 2. Findings The Carlsbad Planning Commission hereby finds that with the implementation of the following mitigation measures, potential impacts to geologic and soil resources will be reduced to less than significant: 0 All grading and site preparation shall be performed under the observation of a geotechnical engineer and in accordance with the City’s Grading Ordinance, Standard Specifications for Public Works, and the 1997 Regional Supplemental Amendments. 0 All unconsolidated and loose soils shall be excavated to competent soils or formational soils and benched, as required by the City’s grading ordinance. Structural fill soils shall be compacted to a minimum 90 percent of the maximum dry density, as determined by ASTM Test Method D 1557-91. Moisture content in the fill shall be maintained between the optimum moisture content and three percent over optimum. 0 All trenching activities shall comply with OSHA and CALOSHA requirements. Excavated areas shall be shored or sloped back for stability. Trench shields may be used in place of shoring or sloping the excavation, provided that OSHA and CALOSHA requirements are followed. Any shoring designs will be reviewed by the geotechnical engineer or other qualified personnel. Excavation conditions will be checked in the field and adjusted as necessary. -15- 0 In order to mitigate impacts associated with soil erosion during construction and post- construction, measures outlined in Section E, Hydrology and Water Quality, shall be implemented. e Dewatering systems, such as well point systems, shall be installed during excavation of trenches to maintain stability. In addition, placement of sheet pile cut-off wall systems or cofferdams shall be required if avoidance of construction activities during high tides is not feasible. 0 Liquefiable soils onsite shall be subject to densification through vibro-replacement or compaction grouting methods or some other method that results in displacement of liquefiable soils and compactiodcementing of soil around the sewer pipeline. 3. Supporting Explanation Construction of the shoreline protection wall and crib walls will involve placement of these structures on top of soils that may become unstable when they become saturated during periods of high tide. Impacts associated with unstable soils to structures and people are considered significant. Adherence to the City’s Grading Ordinance will ensure that unconsolidated and loose soils are removed and impacts associated with unstable soils shall be mitigated to less than significant. Construction of the shoreline protection wall will involve trenching along the shoreline of the lagoon. Potential caving of trenches during excavation activities is considered a significant impact. Compliance with OSHA and CALOSHA requirements for trenching and review of shoring designs by a geotechnical engineer or other qualified personnel shall mitigate for impacts associated with trenching to less than significant. Stockpiling of soil removed during construction of trenches, grading for the maintenance access road and crib walls may result in sediment-laden runoff from construction sites (m.). The increase in total dissolved solids, minerals and other inorganic materials may enter the lagoon and exceed water quality standards. Construction of the shoreline protection wall may require dewatering in order to place infrastructures underground. Dewatering of groundwater may result in potential impacts to surface water quality due to the unknown chemical makeup of groundwater. Dewatering and discharge activities are subject to water quality guidelines outlined by the NPDES administered by the San Diego RWQCB. Because violation of water quality standards may occur during grading, dewatering, and trenching associated with construction of project components, impacts to water quality are considered potentially significant. Also, exposure to groundwater that may be encountered by construction workers during excavation activities is considered a significant impact. Mitigation measures described in the next section, Section E. Hydrology and Water Quality, will reduce impacts to water quality to less than significant. In addition, use of dewatering systems, such as well point systems, will be installed during excavation of trenches to maintain stability. Sheet pile cut-off wall systems or cofferdams may also be used if avoidance of construction activities during high tides is not feasible. -16- Liquefiable soils are located in two areas within the project site: near manhole numbers 14 and 16. As a result of a seismic event, liquefaction of the unconsolidated soils may potentially cause ground settlement beneath the pipeline (Final ER, p. 3-75). Ground settlement underneath the sewer may result in a breach of the pipeline. Impacts as a result of liquefaction are considered significant. These impacts will be mitigated to less than significant through densification of soils by vibro-replacement techniques or compaction grouting methods or some other method that results in displacement of liquefiable soils and compactiodcementing of soil around the sewer pipeline. With implementation the above listed mitigation measures, the potential impacts associated with geologic conditions and soil resources described above will be reduced to a less than significant level (Final EIR, p. 3-77). E. Hydrology and Water Quality I. Potentially Significant Impacts During construction, soil will be temporarily removed from excavated and graded areas and stockpiled above ground. Potential turbidity effects may occur to the lagoon as a result of sediment-laden runoff from the construction site. Post construction runoff from the access road and crib wall areas may also increase the influx of sediment into the lagoon. The increase in sediment may enter the lagoon and exceed water quality standards. Because violation of water quality standards may occur, impacts to water quality are considered potentially significant. Dewatering is required during trenching activities, which may result in seepage of groundwater. Because the composition of the groundwater is unknown, the water quality of the lagoon may be altered as a result of dewatering. Potential degradation of existing water quality is considered a significant impact. Although all equipment and vehicles will be stored within staging areas during construction and restricted to the access road during maintenance activities, there is a potential for accidental spills of hazardous materials to occur adjacent to the lagoon. Potential impacts associated with a hazardous materials spill are considered significant. 2. Findings The Carlsbad Planning Commission hereby finds that with the implementation of the following mitigation measures, potential impacts to hydrology and water quality will be reduced to less than significant: e Stockpiles of soils and materials shall be placed such that they cause minimal interference with onsite drainage patterns. In the event of rain, all stockpiles shall be covered with an impermeable tarp. Stockpiles of brush, loose soil or other similar debris shall not be placed within any stream channel or on its banks. e Drainage control devices will be constructed to direct surface water runoff away from slopes and waterways; hay bale barriers or sandbags shall be placed along the toes of -17- graded slopes to help reduce sedimentation during grading operations. A silt curtain or other drainage control device will be placed around construction areas to protect natural drainage channels from sedimentation. Dewatering shall be conducted in accordance with the standard regulations of the RWQCB. A permit to discharge water from dewatering activities will be required. The City shall obtain a NPDES General Storm Water Permit. The permit will require the City to outline all BMPs planned in order to reduce potential water quality impacts. At a minimum the BMPs shall include discharging water through silt fencing or other pervious materials to remove silt prior to entry into the lagoon. The City shall prepare and implement a SWPPP that describes the site-specific implementation of the BMPs. The City shall comply with its JURMP. Compliance with the JURMP shall include proper engineering design and construction of drainage control devices to collect and direct surface water runoff to natural drainage features present along the alignment. Culverts designed into the project to collect and channel drainage from areas upstream of the road shall also be properly sized to handle storm water volumes. During the plant establishment period, silt fencing, hay bale barriers or sandbags shall be placed along the toes of temporarily disturbed slopes to reduce soil erosion and sedimentation into the lagoon. All equipment and vehicles required for construction, maintenance and operation shall be refueled or maintained within paved roadways or designated staging areas. All stationary equipment, such as motors or generators, shall be stored on the existing access road or designated staging areas. When equipment is being utilized along the access road, drip pans shall be placed under all potential discharge conduits or leaks. All connections and fittings of hoses shall be periodically checked for leaks. All project related spills of hazardous materials shall be reported to the appropriate entities, including the USFWS, CDFG, RWQCB, and shall be cleaned up immediately. Contaminated soils shall be removed to approved disposal areas. Supporting Explanation During construction, water quality of Agua Hedionda Lagoon may be affected as a result of stockpiling of soil, runoff from graded areas, dewatering of groundwater, and accidental spills of hazardous materials associated with use of equipment and vehicles. Impacts as a result of water quality violations are considered significant. Impacts associated with stockpiling of soil will be mitigated to less than significant by placing stockpiles of soils and materials such that they cause minimal interference with onsite drainage patterns. In the event of rain, all stockpiles shall be covered with an impermeable tarp. Stockpiles of brush, loose soil or other similar debris shall not be placed within any stream channel or on its banks. Impacts resulting from sediment-laden runoff from construction sites will be mitigated to less than significant through construction of -18- drainage control devices or placement of hay bale barriers, sandbags, or silt curtain along the toes of graded slopes. These devices/structures will direct runoff away from the lagoon, slopes and waterways and help reduce water quality impacts during grading operations. Impacts resulting from dewatering activities will be reduced to less than significant through compliance with the standard regulations of the RWQCB. A permit to discharge water from dewatering activities will be obtained. Impacts associated with accidental spills of hazardous waste and materials will be mitigated to less than significant by requiring that all equipment and vehicles be refueled or maintained within paved roadways or designated staging areas. All stationary equipment, such as motors or generators, will be stored on the existing access road or designated staging areas. When equipment is being utilized along the access road, drip pans shall be placed under all potential discharge conduits or leaks. All connections and fittings of hoses will be periodically checked for leaks. All project related spills of hazardous materials shall be reported to the appropriate entities, including the USFWS, CDFG, RWQCB, and shall be cleaned up immediately. Contaminated soils shall be removed to approved disposal areas. ’ Impacts to water quality during construction also will be mitigated to less significant through implementation of the SWPPP that is prepared by the City. The SWPPP will describe the site- specific BMPs to reduce the amount of sediment-laden runoff entering the lagoon and other waterways. During operation and maintenance activities, water quality of Agua Hedionda Lagoon may be affected as a result of runoff from the access road and cribwalls. Water quality violations are considered a significant impact. These impacts will be reduced to less than significant through compliance with the City’s JURMP. Compliance with the JURMP shall include proper engineering design and construction of drainage control devices to collect and direct surface water runoff to natural drainage features present along the alignment. Culverts designed into the project to collect and channel drainage from areas upstream of the road shall also be properly sized to handle storm water volumes. In addition, during the plant establishment period, silt fencing, hay bale barriers or sandbags will be placed along the toes of temporarily disturbed slopes to reduce soil erosion and sedimentation into the lagoon Regarding cumulative effects, runoff from project construction areas will contribute an incremental increase in flows within Agua Hedionda Creek basin and will combine with increases attributable to adjacent developments. Total runoff into the lagoon will be short-term and will be cumulatively considerable. Conformance with the Clean Water Act, which may involve meeting the requirements of the State Water Resources Control Board’s NPDES, including implementation of the City’s JURMP and preparation of a SWPPP on a project-by- project basis, will reduce sediment loads and downstream erosion to less than significant. In addition, compliance of all future projects with applicable federal, state and local regulations for stormwater and construction discharges will reduce cumulative impacts to water quality to a level below significance. The proposed project will mitigate to less than significant its contribution of sedimentation into Agua Hedionda Lagoon through implementation of the SWPPP and JURMP. The SWPPP will detail the specific BMPs (i.e., hay bales, silt fencing) to construct in order to protect waterways and the lagoon from receiving construction-related runoff. The JURMP describes mechanisms that will control post-construction runoff from entering drainages and the lagoon. The proposed project is designed such that sediment from the natural slopes, crib walls, and access road will be removed prior to runoff entering the lagoon. -19- With implementation of the above listed mitigation measures, the potential impacts related to hydrology and water quality described above will be reduced to a less than significant level (Final EIR, p. 3-85). SECTION 4. FINDINGS REGARDING PROJECT ALTERNATIVES The Carlsbad Planning Commission hereby makes the following findings regarding the feasibility of project alternatives. A. “No Project” Alternative 1. Description Under this alternative, the proposed Project would not be adopted by the City of Carlsbad. City public works staff would attempt to conduct maintenance to the manholes that are accessible; however, due to the inability to reach various portions of the sewer alignment with maintenance vehicles and equipment, a number of manholes would not be maintained. The NAHI sewer would continue to be subject to wave action and shoreline erosion, as shoreline protection would not occur with this alternative (Final EIR, p. 4-3). 2. Findings The Carlsbad Planning Commission hereby finds that the “No Project” Alternative is not feasible because it fails to meet Project objectives. 3. Supporting Explanation The No Project Alternative would consist of continued use of the existing NAHI. No direct impacts to aesthetics, biological resources, cultural resources, geology/soils and water quality would occur. However, this Alternative would not enable the City to maintain all of the manholes associated with NAHI nor prevent future erosion of the shoreline. The NAHI will continue to be subject to wave action and if a break in the pipeline were to occur, the City may not be able to conduct repairs in a timely manner due to lack of access. Any spillage of wastewater resulting from a break would enter directly into Agua Hedionda Lagoon. The No Project Alternative does not meet any of the City’s objectives. B. Sand Replenishment Alternative 1. Description This alternative involves the re-establishment of an access road identical to the proposed project. The entire sewer alignment and associated manholes would be accessible for ongoing maintenance and operation activities. The access road and sewer would be protected from shoreline erosion through placement of sand on the lagoon side of the road. A 2:l slope would -20- be created and ongoing sand replenishment activity would be required as the placed sand gradually erodes into the lagoon. 2. Findings The Carlsbad Planning Commission hereby finds that while the Sand Replenishment Alternative meets some of the project objectives, the alternative is not considered environmentally superior. 3. Supporting Explanation The City considered the Sand Replenishment Alternative as a means of shoreline protection in order to avoid the visual impacts that are typically associated with permanent structures, like a sea wall. However, maintenance efforts would be greater with the sand replenishment alternative, as the sand would need to be continually replenished. Sand replenishment activities would have a greater potential to result in long-term impacts associated with sand erosion and sedimentation to the lagoon. In addition, greater wetlands impacts would be incurred due to the placement of sand in areas currently supporting wetlands habitats. Overall, this alternative would reduce visual impacts when compared to the proposed Project, but would cause greater impacts to sensitive wetlands habitats and to water quality. C. Segmented Access Road Alternative 1. Description Under this alternative, the City would construct a total of four perpendicular spur roads from Adams Street to conduct maintenance on the manholes and sewer pipeline. Each spur road would be a 12-foot wide paved road with a turnaround area at each terminus. Temporary impacts resulting from cut/fill slopes would occur but cannot be identified without detailed engineering design. The City considered this type of access road design in order to reduce the lineal feet of road required to maintain the NAHI and to shift the road away from the lagoon shoreline. This alternative would provide City maintenance crews with direct access to 15 of 20 existinghew manholes, which would allow cleaning of the entire sewer alignment. The five manholes, which would not be directly accessible, would require one-time temporary access for rehabilitation but would not be further maintained. The City would also need to construct a cast- in-drilled-hole (CIDH) pier wall similar to the one identified for the proposed Project, as a means of shoreline protection. 2. Findings The Carlsbad Planning Commission hereby finds that while the Segmented Access Road Alternative meets some of the project objectives, the alternative is not considered environmentally superior. 3. Supporting Explanation -21 - Under this alternative, potential impacts to aesthetics associated with the Segmented Access Road Alternative would be greater than the proposed Project due to the visibility of the paved spur roads from public roadways and other public view points. Views of the paved spur roads would be available to motorists traveling along Adams Street, which is designated as a scenic corridor in the City of Carlsbad General Plan. These spur roads would also be visible from Cannon Road, 1-5 northbound, and by recreational users of Agua Hedionda Lagoon. Potential impacts to biological resources associated with the segmented road alternative include an increase in the permanent loss of coastal sage scrub (from 0.3 acre to 0.5 acre) and a decrease in the permanent loss of tidal wetlands (0.10 acre to 0.04 acre) when compared with the proposed project. The permanent loss of coastal sage scrub would be approximately 67% greater, whereas the permanent loss of tidal wetlands would be approximately 60% less. The segmented roads under this alternative would have a greater impact on California gnatcatcher and other upland wildlife due to the increase in edge effects associated with four spur roads compared with one linear road. Temporary impacts associated with road cutlfill slopes would result in a temporal loss of coastal sage scrub between the time of impact and successful revegetation. This alternative would require greater upland mitigation but reduced wetlands mitigation. Impacts to hydrology and water quality would be greater under the segmented Access Road Alternative. The spur roads would occupy a slightly larger area than the proposed linear road (1.0 acre of spur roads vs. 0.80 acre of linear access road). In addition, the spur roads would be steeper and paved. The paved surface would introduce a new impervious surface adjacent to the lagoon and any petrochemicals/pollutants collected on the paved road may be transported towards the lagoon. For this reason, post-construction water quality impacts are more likely to occur with this alternative than with the proposed project. Overall, this alternative would result in greater visual, biological and water quality impacts when compared to the proposed Project. Furthermore, this alternative does not provide for access to all of the manholes associated with NAHI. D. Pump Station/Forcemain Alternative 1. Description The NAHI is a gravity sewer pipeline and is located at a lower elevation than its surrounding service area. It would be possible to avoid conveying sewage through the portion of NAHI within the project study area by pumping and conveying sewage flows through an alternative route. A pump station, forcemain, and numerous individual residential pumps would be required and these facilities could be constructed in roadways or other developed or disturbed areas. The locations for both the pump station and forcemain tie-in are based on existing land uses and the absence of sensitive biological resources. For purposes of this analysis, it was presumed that a pump station would be located at Cove Drive and the forcemain tie-in would occur at Hoover Street near manhole number 10. Other pump station and forcemain tie-in locations may be available, yet all locations would result in a similar set of environmental impacts and therefore only one scenario is analyzed. A portion of the existing gravity sewer would be retained and require ongoing maintenance; however, this portion would be small and the majority of the - 22 - gravity sewer alignment, including all portions subject to severe shoreline erosion, would be abandoned. Abandonment would require repair of existing corroded manholes and sealing of the sewer pipeline. These activities would require one-time temporary access of the various manholes on the gravity sewer alignment. 2. Findings The Carlsbad Planning Commission hereby finds that while the Pump StatiodForcemain Alternative meets some of the project objectives, the alternative is not considered environmentally superior. 3. Supporting Explanation This alternative would generally avoid impacts to sensitive biological and cultural resources; however, other impacts associated with this alternative that were not previously identified for the proposed Project may occur, including air quality, hazardous waste, land use, and noise. Long- term air quality impacts are anticipated due to the greater consumption of energy required to pump sewage and for the burning of diesel fuel to power emergency generators during a power loss. The transport and storage of chemicals and other hazardous materials, which pose a risk to human health, would occur under this alternative. Additional acquisition of rights-of-way solely for the pump station facility would be required and land uses adjacent to the pump station may be affected. Greater noise impacts would also be anticipated with this alternative as a result of the operation of the pumps. While none of these impacts would be considered significant and unmitigable, they do represent an overall increase in environmental impacts when compared to the proposed Project. E. Environmentally Superior Alternative The Guidelines require identification of an environmentally superior alternative. None of the alternatives discussed in the Final EIR is environmentally superior to the proposed Project. In accordance with CEQA Guidelines Section 15126.6, the Final EIR included a discussion of a reasonable range of alternatives, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project. The Final EIR concluded that the proposed Project alternative would meet the basic project objectives and would not result in significant impacts after mitigation. The mitigation measures, which would be required as part of project approval, have been determined by the City to be feasible and would reduce all impacts to less than significant. The No Project Alternative, the Sand Replenishment Alternative, the Segmented Access Road Alternative, and the Pump Statioflorcemain Alternative were determined to result in new or greater impacts or would not meet the basic project alternatives when compared to the proposed Project. Therefore, the proposed Project is considered to be the environmentally superior alternative. SECTION 6. FINDINGS REGARDING GROWTH INDUCEMENT The Carlsbad Planning Commission hereby makes the following findings regarding potential growth-inducing impacts : -23- 1. Potentially Significant Impact CEQA Guidelines Section 15126.2 (d) requires that an EIR evaluate the growth-inducing impacts of a proposed project (Final EIR p. 5-1). This evaluation should address the ways in which the proposed project could encourage economic and population growth, or the construction of additional housing, either directly or indirectly (w. 2. Findings The Carlsbad Planning Commission hereby finds that adoption of the proposed Project will not cause significant growth-inducing impacts. 3. Supporting Explanation Generally, growth-inducing projects possess such characteristics as being located in isolated, undeveloped or underdeveloped areas, necessitating the extension of major infrastructure (e.g., sewer and water facilities, roadways, etc.), or those that could encourage “premature” or unplanned growth (i. e., “leap-frog” development). While infrastructure improvements, like the proposed Project, raises the issue of growth inducement, the proposed Project is not considered to be growth inducing because the proposed Project would not provide additional long-term employment opportunities, no residences are planned as part of the proposed project, and no extension of services beyond that currently planned for in respective planning documents (e.g., City of Carlsbad General Plan) is associated with the proposed Project (Final EIR, p. 5-1). SECTION 7. FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM The Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit “C.” In the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. -24- EXHIBIT "EIR-B" CITY OF CARLSBAD PLANNING COMMISSION RESOLUTION NO. 5856 CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING AND REPORTING PROGRAM for the FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH No. 2003051076) (EIR 03-02) NORTH AGUA HEDIONDA INTERCEPTOR WESTERN SEGMENT EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM ms-1: The crib walls shall be seeded with native plant species. The planting of City Engineer, Construction the crib wall shall be described in the Coastal Sage Scrub Mitigation and Monitoring Plan, which shall, at a minimum, include a discussion of site preparation, planting, irrigation (if necessary), and a five-year maintenance and monitoring plan. The plan shall identify a plant palette consisting of native plant species and shall outline a maintenance schedule that prevents the invasion of non-native exotic species. Contractor The following environmental mitigation measures have been incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. Project design features are listed under a separate table following the mitigation measures. A completed and signed checklist for each measure indicates that ths measure has been complied with and implemented, and fulfills the City’s monitoring requirements with respect to Assembly Bill 3 180 (Public Resources Code Section 21081.6). During construction SUMMARY OF MITIGATION MEASURES BIO-1: A Conceptual Wetlands Mitigation and Monitoring Plan shall be prepared and implemented to further the current effort towards revegetation of 0.16 acre of intertidal mudflat, 0.01 acre of intertidal rocky beach, and 0.41 acre of southern coastal salt marsh within the Agua Hedionda Lagoon. At a minimum, the plan shall include discussion of grading, site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. BIO-2: A Coastal Sage Scrub Mitigation and Monitoring Plan shall be prepared and implemented to further the current effort towards revegetation of at least 0.30 acre of coastal sage scrub withm the Agua Hedionda Lagoon. At a minimum, the plan shall include discussion of grading, site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. The remainder of a 0.60-acre mitigation total, not fulfilled through habitat creation within the Agua Hedionda Lagoon, shall be fulfilled through habitat preservation within the Lake Calavera mitigation bank. The total mitigation for permanent impacts to coastal sage scrub shall consist of 0.60 acre, or a 2:l mitigation ratio, with at least 0.30 acre consisting of habitat creation. BIO-3: City of Carlsbad, Project Biologist City of Carlsbad, Project Biologist City of Carlsbad, Project Biologist Following construction Following construction Following construction - 1- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM MITIGATION MEASURE BIO-4: A Conceptual Wetlands Mitigation and Monitoring Plan shall be prepared and implemented to restore trenching and disturbed construction work areas previously supporting up to 0.07 acre of intertidal mudflat, 0.01 acre of intertidal rocky beach, 0.10 acre of southern coastal salt marsh, <0.01 acre of disturbed southern coastal salt marsh, <0.01 acre of developed land within tidal jurisdiction, and <0.01 acre of unvegetated ephemeral stream channel and shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. A Coastal Sage Scrub Mitigation and Monitoring Plan shall be prepared and implemented to restore trenching and disturbed construction work areas previously supporting up to 0.74 acre of coastal sage scrub and <0.01 acre of disturbed coastal sage scrub and shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, maintenance, and monitoring. BIO-6: Typical construction Best Management Practices (BMPs) and an approved Storm Water Pollution Prevention Plan (SWPPP) shall be implemented and shall include: BIO-5: Placement of stockpiles of soils and materials such that they cause minimal interference with onsite drainage patterns. Hay bale barriers or gravel bags shall be placed along the toes of graded slopes to help reduce sedimentation during grading operations. Placement of a silt curtain or other drainage control device around construction areas to protect natural drainage channels from sedimentation. Dewatering conducted in accordance with the standard regulations of the RWQCB. A permit to discharge water from dewatering activities shall be required. Use of paved roadways or designated staging areas for all equipment and vehicle refueling and maintenance. Implementation of dust control measures such as watering. Temporary fencing of the limits of the temporary construction easement and staging areas with clearly visible orange construction fencing. STAFF MONITOR City of Carlsbad, Project Biologist City of Carlsbad, Project Biologist City of Carlsbad, Project Biologist TIMING OF COMPLIANCE Following construction Following construction During construction DATE OF JOMPLIANCE - 2- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM MITIGATION MEASURE BIO-7: Construction activity related to the access roadseawall, sewer line improvements and manhole rehabilitation shall be monitored by a qualified biologist familiar with the sensitive flora and fauna of the area. Biological monitoring shall be of a fiequency and duration necessary to reasonably assure that indirect impacts are minimized. This shall include implementation of a contractor education program, verification of proper construction stakinglfencing, full-time monitoring of vegetation removal, periodic monitoring of construction activity adjacent to sensitive resource areas, and reporting of contractor compliance and impact minimization measures on a monthly basis. A training program shall be implemented for City maintenance staff and shall be conducted by senior Public Works and Planning staff and include discussion of biologically sensitive resource areas, existing permit regulations, seasonal restrictions, and protocols for unauthorized imacts. BIO-8: BIO-9: Trail monitoring and management shall be conducted by the City or designated management entity. The management entity shall retain qualified personnel to monitor and manage trail use such that impacts on adjacent resources are minimized. The name and contact information of the management entity shall be visibly identified on trail signs such that users can contact the appropriate trail managers regarding issues. Trail maintenance will be largely conducted as part of the access road maintenance; however, additional monitoring of adjacent habitat conditions shall be conducted quarterly. The results of the monitoring effort shall be used to adaptively manage trail usage and, if necessary, to implement use restrictions. BIO-10: The project shall demonstrate compliance with the City’s Jurisdictional Urban Runoff Management Plan (JURMP). Compliance with the JURMP shall include proper engineering design and construction of drainage control devices to collect and direct surface water runoff to natural drainage features present along the alignment. Culverts designed into the project to collect and channel drainage fiom areas upstream of the road shall also be properly sized to handle storm water volumes. Clearing of coastal sage scrub within the project alignment shall be restricted to outside of the gnatcatcher breeding season (August 16 through February 28). BIO-11: STAFF MONITOR City of Carlsbad, Project Biologist City of Carlsbad, Project Biologist City of Carlsbad or Designated Management Entity City of Carlsbad City of Carlsbad, Project Biologist TIMING OF COMPLIANCE During construction Following construction Following construction Prior and during construction Prior and during construction DATE OF COMPLIANCE - 3- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM PALEO-1: Monitoring shall be performed by a qualified paleontologist during all new excavation activities, which are to occur along slopes with gradients steeper than 2:l. In the event that a fossil is revealed during new excavation activities, grading shall be stopped immediately and the qualified paleontologist shall conduct further study to determine the significance of an artifact or site. MITIGATION MEASURE Paleontological Monitor BIO-12: Construction during the gnatcatcher breeding season shall be avoided OR construction noise levels shall be maintained below 60 &A Leq at occupied nest locations. The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatcher within 500 feet of project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician. GEO-1: All grading and site preparation shall be performed under the observation of a geotechnical engineer and in accordance with the City's Grading Ordinance, Standard Specifications for Public Works, and the 1997 Regional Supplemental Amendments. City of Carlsbad, Project Biologist City Engineer, Construction Contractor During construction ~~ GEO-2: All unconsolidated and loose soils shall be excavated to competent soils or formational soils and benched, as required by the City's grading ordinance. Structural fill soils shall be compacted to a minimum 90 percent of the maximum dry density, as determined by ASTM Test Method D 1557-91. Moisture content in the fill shall be maintained between the optimum moisture content and three percent over optimum. 'ultural Resources City Engineer, Construction Contractor DATE OF COMPLIANCI GEO-3 : All trenching activities shall comply with OSHA and CALOSHA requirements. Excavated areas shall be shored or sloped back for stability. Trench shields may be used in place of shoring or sloping the excavation, provided that OSHA and CALOSHA requirements are followed. Any shoring designs shall be reviewed by the geotechnical engineer or other qualified personnel. Excavation conditions shall be litigation Measure City Engineer, Construction Contractor CULT-1: The City' shall enter into a pre-excavation agreement with the San Luis City of Carlsbad Department Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during anv mound disturbance activitv. of Planning Prior to construction During construction I During construction L EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM HYDRO-5: The City shall obtain a NPDES General Storm Water Permit. The permit shall require the City to outline all BMPs planned in order to reduce potential water quality impacts. At a minimum the BMPs shall include discharging water through silt fencing or other pervious materials to remove silt prior to entry into the lagoon. The City shall prepare and implement a SWPPP that describes the site- specific implementation of the BMPs. HYDRO-6: I MITIGATION MEASURE I STAFF MONITOR City Engineer, Construction Contractor City Engineer, Construction Contractor checked in the field and adjusted as necessary. Measures outlined below as Mitigation Measures for Hydrology and City Engineer, Construction Water Quality, shall be implemented. Dewatering systems, such as well point systems, shall be installed during City Engineer, Construction excavation of trenches to maintain stability. In addition, placement of sheet pile cut-off wall systems or cofferdams shall be required if avoidance of construction activities during high tides is not feasible. Liquefiable soils onsite shall be subject to densification through vibro- City Engineer, Construction replacement or compaction grouting methods or some other method that results in displacement of liquefiable soils and compactiodcementing of soil around the sewer Diueline. GEO-4: GEO-5: Contractor Contractor GEO-6: Contractor Hydrology and Water Quali&--- HYDRO-1: Stockpiles of soils and materials shall be placed such that they cause City Engineer, Construction minimal interference with onsite drainage patterns. In the event of rain, all stockpiles shall be covered with an impermeable tarp. Stockpiles of brush, loose soil or other similar debris shall not be placed within any stream channel or on its banks. Contractor TIMING OF DATE OF During construction During construction During construction During construction During construction Pre-construction, During construction Pre-construction - 5- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM TIMING OF DATE OF MITIGATION MEASURE STAFF MONITOR COMPLIANCE COMPLIANCE HYDRO-7: The City shall comply with its JURMP. Compliance with the JUMP City Engineer, Construction shall include proper engineering design and construction of drainage control devices to collect and direct surface water runoff to natural Pre-construction, During construction Contractor drainage features present along the alignment. Culverts designed into the project to collect and channel drainage from areas upstream of the road shall also be properly sized to handle storm water volumes. During the plant establishment period, silt fencing, hay bale barriers or City Engineer, Construction sandbags shall be placed along the toes of temporarily disturbed slopes to reduce soil erosion and sedimentation into the lagoon. HYDRO-8: Contractor During construction, Post- construction HYDRO-9: All equipment and vehicles required for construction, maintenance and City Engineer During operation shall be refueled or maintained within paved roadways or designated staging areas. All stationary equipment, such as motors or generators, shall be stored on the existing access road or designated staging areas. When equipment is being utilized along the access road, construction, Post- construction drip pans shall be placed under all potential discharge conduits or leaks All connections and fittings of hoses shall be periodically checked foi leaks. HYDRO-10: All project related spills of hazardous materials shall be reported to the appropriate entities, including the USFWS, CDFG, RWQCB, and shall be cleaned up immediately. Contaminated soils shall be removed to approved disposal areas. City Engineer, Construction Contractor During construction, Post- construction - 6- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM SUMMARY OF PROJECT DESIGN FEATURES DESIGN FEATURES esthetics AES-1: The sea wall shall be sculpted and colored to simulate a natural bluff. City Public Works and During construction Planning Departments, Construction Contractor 'iological Resources BIO-1: Three crib walls shall be installed to reduce potential impact of large cut slopes. City Public Works and During construction Planning Departments, Construction Contractor BIO-2: The access road shall include a 2% side slope towards the landside. A two-foot- City Public Works and During construction wide vegetated swale shall be constructed along the access road to dlrect runoff to Planning Departments, catch basins and remove sediments. Construction Contractor A gate shall be installed at the cul-de-sac at Hoover Street and will be maintained City Public Works and During construction to prevent off-road vehicle use. Planning Departments, and following Construction Contractor construction Conventional slip-lining techniques or in-situ epoxy grouting shall be used to City Public Works and repairhehabilitate manholes without sewer pipeline excavation. Planning Departments, rehabilitation Construction Contractor BIO-3: BIO-4: During Mtural Resources CULT-1: Monitor shall be present during construction City Public Works and A project archaeologist shall be retained and will attend pre-construction Planning Departments, meetings with the construction manager and grading contractor. At this Project Archeologist meeting, the project archaeologist will identify all areas to be monitored and be advised of the construction schedule. The project archaeologist or hisher qualified monitor shall be present full- time during the grading or excavation of native soils and document observations on a routine basis. In the event of a discovery, the archaeologist or archaeological monitor shall divert, direct, or temporarily halt ground-disturbing activities in the area of discovery to allow for preliminary evaluation of potentially significant archeological resources. 0 - 7- During construction EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM SUMMARY OF PROJECT DESIGN mATURES TIMING OF For significant resources, a research design and data recovery program shall be prepared by the project archaeologist and shall be carried out to mitigate impacts prior to resumption of ground disturbing activities in the area of discovery. If human remains are encountered, the archaeologist shall act in accordance with the California Public Resources Code and the State Health and Safety Code. Established procedures are to be followed if the remains are determined to be Native American. All recovered archaeological material collected is to be cleaned, catalogued and permanently curated at an appropriate institution. All artifacts and all faunal material shall be analyzed. A final report is to be produced within a specified time of project completion. All sites shall be recorded at the South Coastal Information Center at San DATE OF :OMPLIANCE Diego State University. ?eology and Soils The construction of the shoreline protection structure shall involve installation of piers into the bedrock formation. Cable railing shall be constructed where the height of the sea wall exceeds 30 City Public Works and inches above the shoreline. Cable railing shall be constructed in compliance Planning Departments, with Caltrans’ standards (3.5-foot tall, three-cable wire type). Construction Contractor Maintenance shall be scheduled outside the gnatcatcher breeding season Planning Departments, (March 1 through August 15) to avoid noise impacts to breeding wildlife occurring near project site. However, visual inspections of the manholes and the pipeline may occur on a monthly basis throughout the year. Storage of any equipment or parking of any vehicles shall be located within the City’s sewer easement. Maintenance vehicles and equipment shall not idle for more than 15 minutes when not in service. City During GEO -1 Construction Contractor construction Pther Project Design Features OTHER-1: During construction OTHER-2: Implementation of Maintenance and Operation Guidelines: City Public Works and Following construction - 8- EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM SUMMARY OF PROJECT DESIGN FEATURES Any spills of hazardous materials shall be reported to appropriate entities, including but not limited to the City, USFWS, CDFG, RWQCB. Such spills shall be cleaned up immehately and contaminated soils removed offsite. Loose soils, debris, and trash shall not be stockpiled along adjacent upland areas or within drainages or waterways. Exotic plant species shall be removed from the site to the extent feasible. Weed removal shall be performed manually. If herbicides are necessary, they shall be applied by a licensed agent. 0 0 0 TIMING OF DATE OF COMPLIANCE COMPLIANCE OTHER-3: Trail signage, describing trail rules and regulations, trashcans and pet waste City Public Works and disposal facilities shall be installed at both ends of the designated trail segment Planning Departments, (i.e., the cul-de-sac at Hoover Street and near manhole 19). Following construction - 9-