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HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59421 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. 5942 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SUBDIVISION AND GRADING OF 1.9 ACRES INTO FOUR LOTS ON THE NORTHWEST CORNER OF EL CAMINO REAL AND CRESTVIEW DRIVE WITHIN THE CITY’S COASTAL ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: EUCALYPTUS SUBDIVISION CASE NO: SUP 04-09/CDP 04-34/HDP 04-08 WHEREAS, Family Real Estate Enterprises, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property, described as That portion of Lot I of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to partition map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. APN 208- 040-05-00 (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 3rd day of August, 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 initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit “ND,” dated August 3, 2005 according to Exhibits “NOI” dated May 17, 2005, and “PII” dated May 11,2005, attached hereto and made a part hereof, based on the following findings: FindinPs : 1. ... ... ... ... ... ... ... ... ... ... ... ... The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. it has reviewed, analyzed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Eucalyptus Subdivision the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the ETA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5942 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of August 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: 1 JEFFRE N. SEGALL, hairperson CARLSBAD PLANNING COMMISSION ATTEST: A !$nX DON NEU Assistant Planning Director PC RES0 NO. 5942 -3 - MITIGATED NEGATIVE DECLARATION CASE NAME: EUCALYPTUS SUBDIVISION PROJECTLOCATION: CASE NO: SUP 04-09KDP 04-34EIDP 04-08MS 04-18 On the northwesterly corner of Crestview Drive and El Camino Real, Carlsbad, San Diego County. APN 208-040-05-00 PROJECT DESCRIPTION: The project consists of subdividing and grading a 1.9-acre parcel into four residential lots within the Mello II Segment of the Coastal Zone and in Local Facilities Management Zone 1. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: IXI 0 0 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: August 3,2005, pursuant to Planning Commission Resolution No. 5942 ATTEST: DON NEU Assistant Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us FIL ""('"il"" c py City of Carlsbad NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Eucalvptus Subdivision PROJECT LOCATION: CASE NO: SUP 04-09KDP 04-34EDP 04-08NS 04-18 On the northwesterly comer of Crestview Drive and El Camino Real, Carlsbad, San Dieno County, AF" 208-040-05-00 PROJECT DESCRIPTION: The project consists of subdividing and grading a 1.9-acre parcel into four residential lots and associated street improvements to El Carnino Real within the Mello II Segment of the Coastal Zone and in Local Facilities Management Zone 1. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EL4 Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments fkom the public are invited. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approvaUadoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD May 17,2005 through June 6,2005 PUBLISH DATE May 17.2005 @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: SUP 04-09/CDP 04-34IHDP 04-08/MS 04-1 8 DATE: May 11.2005 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: EUCALYPTUS SUBDIVISION LEAD AGENCY NAME AND ADDRESS: City of Carlsbad CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-461 3 PROJECT LOCATION: On the northwesterly corner of Crestview Drive and El Camino Real, Carlsbad, San Diego Countv, APN 208-040-05-00 PROJECT SPONSOR’S NAME AND ADDRESS: Family Real Estate Enterprises, LLC, Suite 1.560 N Coast Highway 101. Encinitas CA 92024 GENERAL PLAN DESIGNATION: Residential Low-Medium (0-4 du/ac) ZONING: Residential Agricultural (R-A-10,000) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (Le., permits, financing approval or participation agreements): None PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project consists of subdividing and grading a 1.9-acre parcel into four residential lots. All four lots will take access from Eucalyptus Lane. The project requires the dedication of land and improvement for El Camino Real, a prime arterial and scenic corridor. The site is presently occupied by a single-family residence, which will remain. The property has been previously graded and has a roughly 11,000 square foot pad on the southerly portion. San Diego Gas and Electric high-tension power lines traverse the easterly third of the property. The slope along El Camino Real will be regraded for slope stability purposes and noise attenuation walls are proposed along the top of the slope. The previously developed site contains annual grassland, ornamental, and disturbed plant associations. Surrounding land uses are residential single family to the west and south, Crestview Lane to the east and El Camino Real to the north. El Camino Real, Crestview Drive and Eucalyptus Lane physically bound the project site. 1 Rev. 07/03/04 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Aesthetics 0 Geology/Soils Noise [7 Agricultural Resources 0 Air Quality Hydrology/Water Quality Public Services ix] Biological Resources c] Land Use and Planning 0 Recreation 0 Cultural Resources 0 Mineral Resources 0 TransportatiodCirculation 0 Utilities & Service systems u Mandatory Findings of Significance 2 Rev. 07/03/04 DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD 1 3T have a significant effect on the environment, an NEGATrvE DECLARATION will be prepared. .a I find that although the proposed project could have a significant effect on the environment, there will not be a sigmficant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a sigdicant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a sigdicant effect on the environment, there WILL NOT be a significant effect in hs case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 3 Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. lks checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “NO Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact‘’ applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. ‘Totentially Significant Impact” is appropriate if there is substantial evidence that an effect is sigdkantly adverse. Based on an “EM-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but &l potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Lmpact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations’’ has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially SignLficant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 4 Rev. 07/03/02 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier Em, (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EM-Part 11 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion’of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined sigmficant. 5 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? 0 o Potentially Significant Unless Mitigation Incorporated 0 0 0 0 c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: 0 0 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 0 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 0 c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: 0 0 a) Conflict with or obstruct implementation of the applicable air quality plan? o 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant No Impact Impact ow ow UIXI om om om om BO 6 Rev. 07/03/02 Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IXIU 0 0 OE 17 IXI no Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 0 om Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural c&munity identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? UIX] Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife comdors, or impede the use of native wildlife nursery sites? 0. 0 nm 0 0 nIxI IXI no Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? I3 OIXI Impact tributary areas that are environmentally sensitive? 7 Rev. QllQ3102 Issues (and Supporting Information Sources). Potentially Significant Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? 0 0 b) Cause a substantial adverse change in the significance of an archeological resource pursuant to 0 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: Potentially Significant Unless Mitigation Incorporated 0 0 0 0 Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of. a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 0 0 17 o ii. Strong seismic ground shaking? 0 0 iii. Seismic-related ground failure, including liquefaction? iv. Landslides? 0 0 0 0 0 €XI Result in substantial soil erosion 01 the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? 0 0 Be located on expansive soils, as defmed in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Less Than Significant No Impact Impact OIXI UIXI OH om om OH OIXI om 8 Rev. 07/03/02 Issues (and Supporting Information Sources). e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? W. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a sigmficant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? W. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact 0 0 CI 0 17 0 17 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 No Impact Ixl Ix1 Ixl Ixl Kl [XI Ix1 la 9 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 om Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 0 Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? 0 Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 0 0 Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? 0 Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 0 Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 Inundation by seiche, tsunami, or mudflow? 0 Increased erosion (sediment) into receiving surface waters. 0 Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 0 0 ow OIXI ow ow 0 om 0 0 0 0 om ow ow 10 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 0 0 0 0 Less Than Significant No Impact Impact ow n) Changes to receiving water quality (marine, fiesh or wetland waters) during or following construction? ow 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 0 0 ow p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established commu&ty? ow ow 0 0 0 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 ow X. MINERAL RESOURCES - Would the project: cl 0 ow ow a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 17 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project result in: 0 no a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 0 ow b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? 0 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? nw 11 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 ow e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 17 r> For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XUI. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION 0 0 0 0 a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 0 0 0 0 0 0 0 0 UEI ow OEI ow nix] OB ow nix] nix] 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATIONDXUFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the comty congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 13 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 am e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 0 0 om f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 0 0 OB g) Comply with federal, state, and local statutes and regulations related to solid waste? XW. MANDATORY FINDINGS OF SIGNIFICANCE 0 0 a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 ow b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 ow XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EJR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identrfy which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS - The project is located along El Camino Real. El Camino Real is considered a Scenic Corridor in the City of Carlsbad General Plan. The property is located upslope from El Camino Real and no distant views are present. The proposed existing unvegetated slopes will be regraded and landscaped per the City of Carlsbad landscape manual. A noise wall is proposed at the top of the slope. The wall will be designed to be aesthetically pleasing and enhance the theme for the Comdor. The project will adhere to all requirements set forth in the El Camino Real Comdor Study, dated February 8,1984. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM,,). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SNAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP andor RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended pdculates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and fiom the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard 15 Rev. 07/03/02 (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. Ornamental c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? I R.O.W/po&on offsite 1 .oo .96 1 Landscaping Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As descnied above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. BIOLOGICAL RESOURCES - The project results in direct impacts to .37 acres of non-native annual grassland and .09 acres of disturbed non-native grassland. The impact to the non-native annual grassland will be mitigated through the payment of a habitat impact mitigation fee established by the City of Carlsbad which is consistent with the City’s adopted Habitat Management Plan. Additionally, an open space easement will be placed over the SDG&E easement area to preserve the remaining non-native annual grassland. Plant community I TotalAcres I Impacted acres I Notes Annual Grassland 1 .82 I .37 I Within slope and ECR GEOLOGY AND SOILS - The project site has unstable slopes adjacent to El Camino Real and undocumented fill on the southerly portion of the site. , The geotechnical report provides design and remediation to mitigate the instability of the slopes and fill areas. The project shall implement the remediation measures identified in the Geo Soils geotechnical report, dated May 26, 2004, for the undocumented fills and the letter dated March 4,2005 fiom southern California Soils and Testing, Inc. for the slope stability. NOISE - The project site is impacted by roadway noise from El Camino Real. Noise mitigation measures in the form of a noise wall constructed along El Camino Real will reduce the impacts to a level of insignificance. The project shall implement the mitigation measures as identified in the URS Noise Analysis for Eucalyptus Subdivision, dated June 22, 2004 or equivalent. The project shall also record a Notice of Restriction with the County Recorders Office identifjmg the noise impacts associated with El Camino Real, a circulation element roadway. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 30 Average Daily Trips (ADT). While the increase in traffic &om the proposed project may be slightly noticeable, the street system has been designed and sued to 16 Rev. 07/03/02 accommodate traffic fiom the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Anport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 1-5 Existing ADT* - LOS Buildout ADT* 17-35 “A-D” 35-56 27-49 6,A-c“ 33-62 10-57 “A-D” 30-73 124-142 ‘F” 156- 180 199-2 16 “D” 260-272 *The numbers are in thousands of daily trips. The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the fidl implementation of the region’s general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. 4 Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. 0 Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City’s parking requirements to ensure an adequate parking supply. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The project is near public transportation, which is provided along El Camino Real. 17 Rev. 07/03/02 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. 2. 3. 4. 5. Final Master Environmental bact Report for the City of Carlsbad General Plan Update (MER 93-01). City of Carlsbad Planning Department. March 1994. Preliminary Vegetation Assessment of APN 208-040-05-00. 4998 Eucalwtus Lane. Carlsbad CA 92008, Dated March 29,2005, Planning Systems. Preliminary Geotechnical Evaluation. AF” 208-040-05-00, 4998 Eucalwtus Lane. City of Carlsbad San Dieao CounW. CA Dated May 26,2004, GeoSoils, Inc. ProDosed 1.5:l Slope. Eucalwtus Subdivision. El Camino Real and Crestview Drive, Carlsbad CAY Dated March 4,2005, Southern California Soils and Testing, Inc. Noise Analvsis, Eucalwtus Subdivision, Dated June 22,2004, URS LIST OF MITIGATING MEASURES 1. This project has been found to result in impacts to .37 acres of non-native grassland and .09 acres of disturbed land (non-native grasslands), which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City bas adopted an Habitat Impact Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and anima1 species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 2. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall record an Open Space Easement over the SDG&E easement area in favor of the City. 3. The project shall implement the remediation measures identified in the Geo Soils geotechnical report dated May 26,2004 for the undocumented fills and the letter dated March 4,2005 from Southern California Soils and Testing, Inc. for the slope stability. 4. The project shall implement the mitigation measures as identified in the Noise Analysis for Eucalyptus Subdivision, prepared by URS dated June 22,2004 or equivalent. 5. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (El Camino Real), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 18 Rev. 07/03/02 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 19 Rev. 07/03/02 PROJECT NAME: Eucalyptus Subdivision APPROVAL DATE: FILE NUMBERS: SUP 04-09KDP 04-34/HDP 04-08/MS 04-18 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City’s monitoring requirements with respect to Assembly Bill 3 180 (Public Resources Code Section 2 1 08 1.6). II Mitigation Measure This project has been found to result in impacts to .37 acres of non-native grassland and .09 acres of disturbed lands, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall record an Open Space Easement over the SDG&E easement area in favor of the City. The project shall implement the remediation measures identified in the Geo Soils geotechnical report for the undocumented fills and the letter dated March 4,2005 from Southern California Soils and Testing, Inc. for the slope stability. Monitoring Monitoring Type Department Grading Permit Planning Permit Grading Planning/ Engineering I Shown on Plans Yes No No Verified Implementation Remarks 20 Rev. 07/03/02 11 The project shall implement Mitigation Measure The project shall implement the mitigation measures as identified in Remarks Monitoring Monitoring Shown on Verified Type Department Plans Implementation Building Permit Planning Yes the Noise Analysis for Eucalyptus Subdivision, Dated June 22,2004, URS or eauivalent. Miti Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #I on file in the Planning Department). I Monitoring I Monitoring I Shownon I Verified I - 21 Rev. 07/03/02