HomeMy WebLinkAbout2006-05-03; Planning Commission; Resolution 60871 PLANNING COMMISSION RESOLUTION NO. 6087
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATON OF AN ENVIRONMENTAL IMPACT
4 REPORT AND ADOPTION OF CANDIDATE FINDINGS OF
FACT, STATEMENT OF OVERRIDING CONSIDERATIONS,
5 AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE PRECISE DEVELOPMENT PLAN AND
6 DESALINATION PLANT PROJECT, WHICH AFFECTS
PROPERTIES AND STREETS IN THE CITIES OF
7 CARLSBAD, OCEANSIDE, AND VISTA.
CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
9 CASE NO: EIR 03-05
10 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a
11 verified application with the City of Carlsbad regarding property owned by various owners,
"Owners", described as
13 The Encina Power Station, located north of Cannon Road and
west of Interstate 5 in the City of Carlsbad at 4600 Carlsbad
Boulevard. The desalination plant and some appurtenant
15 facilities are proposed on the grounds of the Power Station; and
Streets and properties within the boundaries of the Encina
16 Specific Plan, which encompasses approximately 680 acres
around Agua Hedionda Lagoon, including the Encina Power
Station, proposed desalination plant and some appurtenant
facilities, all in the City of Carlsbad; and
Various streets and properties in an area generally bordered by
and including Cannon Road, College Boulevard, Mesa Road,
Santa Fe Road, Melrose Drive, Faraday Avenue, and Palomar
20 Airport Road within the cities of Carlsbad, Oceanside, and
Vista in which desalination water conveyance pipelines and a
21 pump station are proposed.
22 ("the Property"); and;
23 WHEREAS, an Environmental Impact Report - EIR 03-05 was prepared in
24 conjunction with the Precise Development Plan and Desalination Plant project ("Project") in
25 compliance with the California Environmental Quality Act (CEQA); and
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1 WHEREAS the Planning Commission did on the 3rd day of May 2006 hold a duly noticed
2 public hearing as prescribed by law to consider said request; and
3 WHEREAS, the Final Environmental Impact Report (Final EIR) was presented to
4 the Planning Commission, and the Planning Commission reviewed and considered the
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information contained in the Final EIR prior to approving the Project; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Final EIR, Candidate Findings of Fact, Statement of
o
9 Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing
10 the information submitted by City staff, and considering any written and oral comments
11 received, the Planning Commission considered all factors relating to the Final EIR.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission as follows:
14 A) That the foregoing recitals are true and correct;
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B) That the Final EIR consists of EIR 03-05, dated December 2005, appendices,
16 written comments and responses to comments, as amended to include the
comments and documents of those testifying at the public hearing and responses
17 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
19 the "Report."
20 C) That the Final EIR, EIR 03-05, as so amended and evaluated, is recommended for
acceptance and certification as the FEIR, and that the FEIR as recommended is
21 adequate and provides reasonable information on the Project and all reasonable
and feasible alternatives thereto, including the "No Project" alternative.
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D) That based on the evidence presented at the public hearing, the Planning
23 Commission hereby RECOMMENDS CERTIFICATION of the Final EIR,
24 EIR 03-05, and RECOMMENDS ADOPTION of the Candidate Findings of
Fact ("CEQA" Findings); the Statement of Overriding Considerations
25 ("Statement"), attached hereto marked as Exhibit "EIR-A" and
incorporated by this reference; and the Mitigation Monitoring and
26 Reporting Program ("Program"), attached hereto marked as Exhibit
"EIR-B" and incorporated by this reference; based on the following findings
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PC RESO NO. 6087 -2-
1 that are supported by substantial evidence in the Record and subject to the
following condition.
_ Findings;
4 1. The Planning Commission does hereby find that the Final EIR 03-05, the CEQA
5 Findings, the Program, and the Statement have been prepared in accordance with
requirements of the California Environmental Quality Act, the State EIR Guidelines, and
6 the Environmental Review Procedures of the City of Carlsbad.
7 2. The Planning Commission has reviewed, analyzed, and considered Final EIR 03-05, the
environmental impacts therein identified for this Project, the CEQA Findings, the
Statement, and the Program prior to RECOMMENDING APPROVAL of the Project,
9 and they reflect the independent judgment of the City of Carlsbad Planning
Commission.
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3. The Planning Commission does accept as its own, incorporate as if set forth in full
11 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 21081
12 and CEQA Guidelines 15091, and infeasibility of Project alternatives.
13 4. The Planning Commission hereby finds that the Program is designed to ensure that
14 during Project implementation and operation the Developer and any other responsible
parties implement the Project components and comply with the feasible mitigation
15 measures identified in the CEQA Findings and the Program.
16 5. Although certain significant or potentially significant environmental effects caused by the
Project will remain, even after the adoption of all feasible mitigation measures and any
17 feasible alternatives, there are specific economic, social, and other considerations that
render the unavoidable significant adverse environmental effects acceptable, as set forth
18 in the Statement.
19 6. The Record of Proceedings for this Project consists of the Report, CEQA Findings,
20 Statement, and Program; the "Record" upon which the Planning Commission bases
these CEQA Findings and its actions and determinations regarding the Project includes,
21 but is not limited to, the Draft EIR, together with all appendices and technical reports
referred to therein, whether separately bound or not; all reports, letters, applications,
22 memoranda, maps, or other planning and engineering documents prepared by the City,
planning consultant, environmental consultant, Project applicant, or others presented to or
before the decision-makers as determined by the City Clerk; all letters, reports, or other
24 documents submitted to the City by members of the public or public agencies in
connection with the City's environmental analysis on the Project; all minutes of any
25 public workshops, meetings, or hearings, including the scoping sessions, and any
recorded or verbatim transcripts/videotapes thereof; any letters, reports, or other
26 documents or other evidence submitted into the record at any public workshops, meeting,
or hearings; matters of common general knowledge to the City that the City may
27 consider, including applicable State or local laws, ordinances, and policies, the General
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Plan, Zoning Ordinance, Local Facilities Management Plans, and all applicable planning
programs and policies of the City; and, all findings and resolutions adopted by the City in
connection with the Project, including all documents cited or referred to therein.
The custodian of the full administrative record shall be the City Clerk's Office, 1200
Carlsbad Village Drive, and the Planning Director, 1635 Faraday Avenue, both in
Carlsbad, CA 92008.
Condition:
1. The Developer shall implement the mitigation measures described in Exhibit EIR-B,
the Program, for the mitigation measures and monitoring programs applicable to
development and operation of the Precise Development Plan and Desalination Plant
project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN: • Commissioner Dominguez
MARTELL B. MONTCfOMERY^iairperson
CARLSBAD PLANNING COMMISSION
ICELA ESCOBAR-ECK £/
Planning Director
PC RESO NO. 6087 -4-
EXHIBIT "EIR-A"
CITY OF CARLSBAD RESOLUTION
NO.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(PUBLIC RESOURCES CODE 521081 CEQA GUIDELINES 315091)
and
STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA GUIDELINES 515093)
for the
FINAL ENVIRONMENTAL IMPACT REPORT (EIR 03-05)
PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT
(SCH No. 2004041081)
Findings of Fact
1.1 INTRODUCTION
The Final Environmental Impact Report (FEIR) has been prepared pursuant to the California
Environmental Quality Act (CEQA) to address the potential environmental effects of the Precise
Development Plan and Desalination Plant ("Project") and considered by the City Council of the
City of Carlsbad (City) in connection with its public consideration of requested approvals for the
Project. The full scope of the Project and associated approvals are described in more detail in
Section 1.2 below. The Project consists of a Precise Development Plan (PDP) and other permits
and actions to: 1) establish general planning policies and development standards for the Encina
Power Station (EPS); and 2) obtain land use approvals to construct and operate an approximately
50 million gallon per day (mgd) Carlsbad Seawater Desalination Plant (Desalination Plant) and
other appurtenant and ancillary water and support facilities to produce and distribute potable
water. The FEIR and its separately bound technical appendices are incorporated herein by
reference as though fully set forth.
The following statement of facts and findings ("Findings") has been prepared in accordance with
CEQA, for use by the City in connection with its actions as Lead Agency for the Project.
1.1.1 Definitions
As used in this document:
(1) "AFY" means acre feet per year.
(2) "Applicant" means Poseidon Resources (Channelside) LLC - the applicant for the
Desalination Plant.
(3) "BMP" means Best Management Practices.
(4) "Cabrillo" means Cabrillo Power I LLC, owner of the EPS and joint applicant with
Poseidon Resources (Channelside) LLC for the PDP.
(5) "CDFG" means the California Department of Fish and Game.
(6) "CEQA" means the California Environmental Quality Act.
(7) "City" means the City of Carlsbad.
(8) "CMWD" means the Carlsbad Municipal Water District
(9) "CNPS" means the California Native Plant Society.
(10) "CWA" means the San Diego County Water Authority.
(11) "Desalination Plant" means the Carlsbad Seawater Desalination Plant, a facility that will
produce approximately 50 mgd of potable water on an approximately 4-acre site within the
PDP area.
CEQA Findings of Fact 2 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 ~ PDP and Desalination Plant
Findings of Fact
(12) "EIR" means Environmental Impact Report.
(13) "EPS" means Encina Power Station.
(14) "EWPCF" means Encina Water Pollution Control Facility.
(15) "FEIR" or "Final EIR" means Final Environmental Impact Report dated December 2005.
(16) "GPD" means gallons per day.
(17) "GPM" means gallons per minute.
(18) "MAP" means million acre feet.
(19) "MOD" means millions of gallons per day.
(20) "MHCP" means Multiple Habitat Conservation Plan.
(21) "MMRP" means Mitigation Monitoring and Reporting Program.
(22) "MWD" means Metropolitan Water District.
(23) "NOP" means Notice of Preparation.
(24) "On-site Facilities" means Desalination Plant appurtenant and ancillary water and support
facilities that assist in the production and distribution of potable water and that are located
within the PDF area. On-site facilities include facilities such as the intake pump station and
pipeline, concentrate return pipeline, sewer connection, backwash water treatment facility,
electrical transformers, substation, electrical transmission lines, road improvements, and
product water pipeline.
(25) "Off-site Facilities" means Desalination Plant appurtenant and ancillary water and support
facilities that distribute potable water and that are located outside of the PDP area. Off-site
facilities include pipelines and a pump station.
(26) "Planning Director" means the Planning Director, or his or her designee, of the City of
Carlsbad or the Planning Director or other appropriate position of another Public Agency.
(27) "Public Agency" means a government agency such as the City of Carlsbad.
(28) "PDP" means Precise Development Plan covering the area comprising approximately 95
acres and encompassing the EPS and its related facilities, and the Desalination Plant and its
related On-site facilities.
(29) "Poseidon" means Poseidon Resources (Channelside) LLC.
CEQA Findings of Fact 3 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDP and Desalination Plant
Findings of Fact
(30) "Project" means the Precise Development Plan and Desalination Plant project, as described
in Section 3.0 of the Final EIR, pages 3-1 through 3-33, and as summarized in Section 1.2
of these Findings.
(31) "QSA" means the Quantification Settlement Agreement, which includes a number of
agreements among various federal and state agencies to provide a means for California to
stay within its annual allocation of Colorado River water.
(32) "SCAQMD" means the South Coast Air Quality Management District.
(33) "SDAPCD" means the San Diego Air Pollution Control District.
(34) "SUSMP" means Standard Urban Storm Water Mitigation Plan.
(35) "SWMP" means Storm Water Management Plan.
(36) "SWPPP" means Storm Water Pollution Prevention Plan.
(37) "TDS" means Total Dissolved Solids.
(38) "UBC" means Uniform Building Code.
(39) "USFWS" means the United States Fish and Wildlife Service.
(40) "ZID" means Zone of Initial Dilution.
Any terms not defined herein shall have the same meanings ascribed to them in the Final EIR.
1.1.2 Record
(1) The "Record" upon which the City Council bases these CEQA Findings and its actions
and determinations regarding the Project includes, but is not limited to, the following:
(2) The Draft EIR and Final EIR for the Project, together with all appendices and technical
reports referred to therein, whether separately bound or not;
(3) All reports, letters, applications, memoranda, maps, or other planning and engineering
documents prepared by the City, planning consultant, environmental consultant, project
applicant, or others presented to or before the decision-makers as determined by the City
Clerk;
(4) All letters, reports, or other documents submitted to the City by members of the public or
public agencies in connection with the City's environmental analysis on the Project;
(5) All minutes of any public workshops, meetings, or hearings, including the scoping
sessions, and any recorded or verbatim transcripts/videotapes thereof;
CEQA Findings of Fact 4 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 ~ PDF and Desalination Plant
Findings of Fact
(6) Any letters, reports, or other documents or other evidence submitted into the record at
any public workshops, meeting, or hearings;
(7) Matters of common general knowledge to the City that the City may consider, including
applicable State or local laws, ordinances, and policies, the General Plan and all
applicable planning programs and policies of the City; and,
(8) All findings and resolutions adopted by the City in connection with the Project, including
these Findings and the Statement of Overriding Considerations, and all documents cited
or referred to therein.
The custodian of the full administrative record shall be the City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, and the Planning Director, 1635 Faraday
Avenue, also in Carlsbad. The City Council received, reviewed, and considered all of the
information and documents in the record.
1.1.3 Overview of Project Impacts and CEQA Findings
The Final EIR assesses the potentially significant impacts of the Project and identifies the
following categories of impacts:
(1) Potential impacts that would be "less than significant";
(2) Potential impacts that would be mitigated to a level that is "less than significant
with the implementation of mitigation measures identified in the Final EIR"; and
(3) Potential impacts that would be "significant and immitigable" because they could
not be reduced to a less than significant level with the implementation of
mitigation measures.
City is acting as the Lead Agency for the Project under CEQA. As the Lead Agency, City is
responsible for making certain written Findings related to the Project prior to approval of the
Project.
Pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091 and
15096(h), for each significant Project impact identified in the Final EIR [i.e., categories (2) and
(3) above], the City must make one or more of the following Findings:
(1) Changes or alterations have been required in, or incorporated into, the Project
which avoid or substantially lessen the significant environmental effect.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency (other than the City), and such changes have been, or can
and should be, adopted by such other agency.
CEQA Findings of Fact 5 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
(3) Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
EIR.
CEQA defines "feasible" to mean "capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental, social and
technological factors" [CEQA § 21061.1]. The CEQA Guidelines adds "legal" considerations as
an additional factor in determining feasibility [CEQA Guidelines § 15364]. In addition, if the
Finding in (3) above is made with respect to any significant Project impact, the City must make a
Finding, based upon substantial evidence in the record, that specific overriding economic, legal,
social, technological, or other benefits of the Project outweigh the significant effects on the
environment [CEQA §§ 21081(b), 20181.5; CEQA Guidelines § 15093].
The Findings set forth in this document have been prepared pursuant to CEQA Sections 21081
and 21081.5 and CEQA Guidelines Sections 15091, 15092, 15093 and 15097 to address the
environmental effects of the Project set forth in the Final EIR as modified.
1.1.4 Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program ("MMRP") has been prepared and will be
adopted as part of the conditions of approval for the Project, pursuant to CEQA Section 21081.6
and CEQA Guidelines Section 15097. A copy of the MMRP is included as Exhibit B to this
Resolution and incorporated herein by this reference.
1.2 PROJECT DESCRIPTION
1.2.1 Project Location
The Desalination Plant and On-site Facilities will be located adjacent to the existing EPS located
immediately south of the Agua Hedionda Lagoon, within the City of Carlsbad. The EPS and all
properties included in the PDF are located at 4600 Carlsbad Boulevard, along the southern edge
of the Agua Hedionda Lagoon on the Pacific Ocean. The facilities owned by Cabrillo Power I
LLC (Cabrillo) within the PDP area occupy approximately 95 acres of land, generally bounded
by SDG&E property on the south, the Pacific Ocean and Carlsbad Boulevard on the west,
Interstate 5 on the east, and the southern shore of the outer and middle basins of the Agua
Hedionda Lagoon on the north.
The Desalination Plant will occupy an approximately 4-acre parcel in the area currently
containing Fuel Oil Tank #3, which is the southernmost of three large fuel oil storage tanks
nearest Carlsbad Boulevard. The fuel oil tank will be demolished to accommodate the
desalination facility. Construction of the Desalination Plant will be limited to this 4-acre parcel.
Associated offsite improvements will be constructed outside of the area covered by the PDP.
The North County Transit District (NCTD) railway bisects the power plant north to south just
east of the Desalination Plant. Primary access to the site is provided from Carlsbad Boulevard
via the Cannon Road interchange at Interstate 5.
CEQA Findings of Fact 6 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDP and Desalination Plant
Findings of Fact
The Final EIR also evaluated potential environmental effects associated with the offsite water
delivery infrastructure (Off-site Facilities) associated with the Desalination Plant. The Off-site
Facilities primarily consist of water delivery pipelines and a pump station. The various water
delivery pipeline alignment options generally follow existing and future roadways, including
Cannon Road, Faraday Avenue, Avenida Encinas, Orion Street, Palmer Way, College
Boulevard, Melrose Avenue, Shadowridge Drive, Sequoia Crest Drive, Lake Boulevard, Mesa
Drive, Thunder Drive, and Waring Road, within the cities of Carlsbad, Oceanside and Vista.
1.2.2 Project Description
Poseidon has submitted an amendment to a pending PDF application to the City to obtain land
use approvals to construct and operate an approximately 50 million gallon per day (mgd)
Desalination Plant. The PDF application was made jointly with Cabrillo, owner and operator of
the EPS, which is adjacent to the site of the Desalination Plant.
The Encina Power Station Precise Development Plan will also serve Cabrillo as a planning
document that establishes existing land uses at the EPS, as well as general planning policies,
review procedures, and development standards for the EPS. The PDF also serves as the primary
land use approval mechanism for approval of the Desalination Plant. The PDF establishes
baseline conditions for existing facilities and operations on site as well as establishes procedures
for administrative approvals for future changes within the PDF area. The development standards
will apply to all future onsite development, including major and minor additions and
modifications. However, the Project will not modify EPS operations, and, with the exception of
discharge channel and electrical connections and removal of a fuel oil storage tank, will also not
modify any of the existing EPS facilities. Furthermore, with the exception of the intake pump
station and pipeline, concentrate return pipeline, sewer connection, backwash water treatment
facility, electrical transformers, substation, electrical transmission lines, road improvements, and
product water pipeline (On-site Facilities), none of which will modify the power plant
operations, construction of the Desalination Plant will be limited to the 4-acre Desalination Plant
site, and to the Off-site Facilities that lie outside of the PDF boundary.
The Desalination Plant will have the capacity to deliver approximately 50 MGD of Reverse
Osmosis (RO) permeate (product water). From the Desalination Plant, the product water will be
distributed along several pipeline routes, some proposed, some planned and some existing, to the
City of Carlsbad and various local water districts as wholesale water purchasers for ultimate use
and consumption by homes and businesses in Northern San Diego County. The FEIR analyzed
different pipeline alignments through portions of Carlsbad, Oceanside, and Vista.
1.2.3 Project Objectives
The fundamental purposes of the Project include the following:
CEQA Findings of Fact 7 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
• To provide the primary land use approval mechanism and detailed exhibits for the City's
review and approval of the proposed 50 MOD Carlsbad Seawater Desalination Facility to
be located adjacent to the EPS.
• To establish a baseline for identifying existing facilities and operations on site for the
purpose of increasing knowledge and understanding about station operations and onsite
facilities.
• To establish a procedure for administrative approvals that will enable the City to issue
administrative permits, building permits and other ministerial permits, establish
amendment procedures for the PDF, and entitlements for property owned by Cabrillo
zoned P-U.
• To provide development standards for the power plant.
The specific objectives related to the Project and the land use applications through which it will
be processed include the following:
• To provide a local source of potable water to supplement imported water supplies
available to the City of Carlsbad and the San Diego region.
• To improve water supply reliability for the City of Carlsbad and the San Diego region.
• To improve water quality for the City of Carlsbad and the surrounding communities.
• To complement local and regional water conservation, and water recycling programs.
• To locate and design a desalination plant in a manner that maximizes efficiency for
construction and operation and minimizes environmental effects.
• To increase opportunities for public access to the coastal area through public
enhancements and dedications of coastal property.
1.2.4 Discretionary Actions
The following discretionary actions will be required to implement the Project:
City of Carlsbad Actions
• Certification of a Project EIR and approval of the Encina Power Station Precise
Development Plan;
• An Amendment to the Encina Specific Plan No. 144 to incorporate the PDF into the
specific plan;
CEQA Findings of Fact 8 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
• A Coastal Development Permit (CDP) for the offsite Project elements located within
the Coastal Zone but outside the Agua Hedionda segment of the City's Local Coastal
Program;
• A Floodplain Special Use Permit;
• A Development Agreement
• Approval of Improvement Plans
• Right-of-Way Permit(s)
• Encroachment Permit(s)
• Easements/Acquisition of Right-of-Way
• Grading Permit(s)
• Haul Route Permit
• Water Purchase Agreement
• A Habitat Management Plan Permit
• Redevelopment Permit
California Coastal Commission Action
• A Coastal Development Permit (CDP) for the Desalination Plant, On-site Facilities,
and portion of the Off-site Facilities. This permit is necessary as the Encina Power
Station and portions of the offsite elements are located in the Agua Hedionda segment
of the City of Carlsbad's Local Coastal Program - a segment over which the City does
not have permit authority, because jurisdiction has been retained by the California
Coastal Commission.
Other Agency Actions
• A lease for portions of the Project that are state-owned lands under jurisdiction of
the California State Lands Commission;
• A Domestic Water Supply Permit from the California Department of Health Services;
• A separate National Pollutant Discharge Elimination System (NPDES) Permit from
the San Diego Regional Water Quality Control Board for the desalination plant;
• An Industrial Waste Permit from the Encina Wastewater Authority
• Additional review may be provided by Federal, State and regional agencies including,
but not limited to: the U.S. Environmental Protection Agency, U.S. Fish and Wildlife
Service, National Oceanic & Atmospheric Administration, U.S. National Marine
Fisheries Service, U.S. Army Corp of Engineers, CALTRANS, and California
Department of Fish and Game;
• Land use and development permits from the cities of Oceanside and/or Vista;
• Right-of-Way Permit(s) from the Cities of Vista and/or Oceanside;
• Encroachment Permit(s) from the Cities of Vista and/or Oceanside;
CEQA Findings of Fact 9 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
• Easements/Acquisition of Right-of-Way from the Cities of Vista and/or Oceanside;
• Grading Permit(s) from the Cities of Vista and/or Oceanside;
• Haul Route Permit from the Cities of Vista and/or Oceanside; and
• Permits to connect to facilities of various local water districts.
1.3 FINDINGS REGARDING THE ENVIRONMENTAL REVIEW PROCESS
City, acting as Lead Agency for the environmental review of the Project under CEQA, makes the
following Findings with regard to the environmental review process undertaken to analyze
potential environmental impacts of the Project.
(1) In accordance with CEQA Guidelines Section 15060(d), the City determined the Project
would clearly require an EIR and therefore did not prepare an Initial Study.
(2) City issued its Notice of Preparation ("NOP") on April 12, 2004. The NOP was distributed to
all responsible and trustee agencies, as well as other agencies and members of the public
(Appendix A of the Final EIR), and was published in a local newspaper. A number of written
responses were received.
(3) The City held public scoping meetings on April 28, 2004, at the City's Faraday Center.
Advance notice of the meetings was given in the NOP. At the scoping sessions, the public was
invited to comment on the scope and content of the EIR. Oral and written comments were
received at the scoping sessions. A copy of the NOP and the written comments received in
response to the NOP and public scoping sessions are included in Appendix A to the Final EIR.
(4) The following substantive potential impact areas were identified for the environmental
impact analysis:
Aesthetics
Air Quality
Biological Resources
Cultural Resources
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use/Planning
Noise and Vibration
Transportation and Traffic
Public Utilities and Service Systems
Additionally, the Draft EIR includes other substantive sections required by CEQA such as
CEQA Findings of Fact 10 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
executive summary, project description, cumulative effects, effects found not to be significant,
growth inducing effects and alternatives.
(5) The Draft EIR for the Project was circulated for public review for a period of 60 days, which
started on May 14, 2005 and ended on July 14, 2005. The Draft EIR was distributed to a variety
of public agencies and individuals. A Notice of Completion of the Draft EIR was published in a
local newspaper. The Notice included information on locations, including the City's website,
where the EIR would be available to the public.
(6) The City has considered, and responded to, public comments on the Draft EIR. The City
determined that recirculation of the Draft EIR was not required. Responses to comments received
on the Draft EIR are included in the Final EIR (Volume 2 of the Final EIR).
(7) The City released the Final EIR for public review on December 9, 2005. The Final EIR was
distributed to all responsible and trustee agencies as well as all agencies and members of the
public that submitted written comments on the Draft EIR. The City made public the release of
the EIR through an announcement on its website and in a public hearing notice for a December
21, 2005, Planning Commission meeting. The public hearing notice, published in a local
newspaper, provided information on locations, including the City's website, where the Final EIR
would be available to the public. The public hearing notice also provided a description of the
Project and the purpose of the Planning Commission meeting, which was to provide the Planning
Commission with a Project introduction and overview and offer the public an opportunity to
comment on the Project.
(8) Prior to certification of the Final EIR, the City Council has not made any decisions that
constitute an irretrievable commitment of resources or a commitment to a definitive course of
action with respect to the Project.
2.0 FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS
DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN SIGNIFICANT
The City hereby finds that the following potential environmental impacts of the Project are less
than significant and therefore do not require mitigation measures.
2.1 Aesthetics
On-site construction-related impacts, such as storage tank demolition and a construction staging
area, are short-term in nature and will only affect a limited portion of the overall POP site.
Impacts from offsite construction of the water delivery pipelines and pump station will be short-
term and only affect a limited area. Overall, construction activities will not substantially degrade
the existing visual character or quality of the site and surroundings, nor will they have a
substantial adverse effect on a scenic vista. Therefore they are not significant (Final EIR, p. 4.1-
3-10).
CEQA Findings of Fact \ \ May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - POP and Desalination Plant
Findings of Fact
Aesthetic impacts that are significant but mitigated to a level less than significant are identified
in Section 3 below.
2.2 Air Quality
Construction-related emissions are anticipated in association with construction of the
desalination facility, and offsite pipelines and facilities. The estimated maximum daily
emissions generated onsite during construction are below the thresholds established by SDAPCD
Rule 20.2 for CO, ROC, Sox, and PMio. Therefore, impacts to air quality will be less than
significant during construction of the Desalination Plant and On- and Off-site facilities (Final
EIR, p. 4.2-10-16).
The combination of direct emissions from vehicle use and landscaping and indirect emissions
associated with a net increase in power consumption to produce this new water supply during the
operational phase of the Project will result in total emissions that will be less than the
significance thresholds and will therefore not have a significant adverse effect on air quality
(Final EIR, p. 4.2-17-21).
The Project will not directly emit toxic air contaminants and will therefore not have the potential
to expose sensitive receptors to substantial pollutant concentrations. Furthermore, the Project
does not involve any odor-generating sources and is not classified as an odor-generating process
(SCAQMD 1993); therefore, the Project will not create objectionable odors affecting a
substantial number of people. The Project's operational impacts will therefore be less than
significant (Final EIR, p. 4.2-16, 20 and 21).
Significant unavoidable cumulative impacts on air quality are addressed in Section 4.1 of these
Findings.
2.3 Biological Resources
2.3.1 Terrestrial Environment
Construction of the Off-site Facilities will occur in areas with a range of vegetative cover. No
plant species listed by the USFWS or the CDFG as rare, threatened, or endangered were detected
in the overall study area, which encompasses the Desalination Plant, On-site Facilities, and Off-
site Facilites. Impacts on agricultural land, ruderal habitat, and developed land will be less than
significant, because of the lack of sensitivity of these land cover types (Final EIR, p. 4.3-19 and
31).
San Diego County viguiera is designated as a CNPS List 4 species. Implementation of the
Project will result in direct impacts on a portion of a population of San Diego County viguiera
(75 to 100 individuals) located within the City of Carlsbad. Impacts to San Diego County
viguiera are not significant because the Project's impacts to this species do not represent a
substantial reduction in the population of this species. Further, areas impacted do not include
any of the major populations for this species (Final EIR, p. 4.3-32).
CEQA Findings of Fact 12 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Project implementation will be consistent with regional and local conservation goals (Final EIR,
p. 4.3-33). The Project is not within the Preserve Planning Zones of the Oceanside Subarea Plan.
While portions of the offsite pipeline alignments cross hardline preserve areas and standards
areas of the Carlsbad Habitat Management Plan (HMP), the alignments will not disturb existing
and future habitat areas as all construction will be located within existing or future road rights of
way or will be placed underground using trenchless construction methods (Final EIR, p. 4.3-33).
Because of the temporary nature of Project construction impacts and absence of above ground
Project features associated with the pipelines that could preclude linkages or movements, there
will be no direct or indirect impacts on habitat linkages or wildlife movement corridors (Final
EIR, p. 4.3-32).
2.3.2 Marine Environment
Potential effects from chemical additives during the desalination process will be negligible for
the proposed operations at the Desalination Plant. Chemicals will be removed through sand
filtration, de-chlorinated, or neutralized prior to discharge, with solids removed for further
processing and disposal. Only clarified backwash water will be returned to the discharge
channel; any chemical additives present will not exceed identified thresholds, and therefore
effects will be less than significant (Final EIR, p. 4.3-34).
Operation of the Desalination Plant will not require the EPS to increase the quantity of intake
cooling water nor will it increase the velocity of the water at the intake structure. The
Desalination Plant and On-site Facilities will not have a separate direct lagoon or ocean intake
and screening facilities, and will only use cooling water that is discharged from the EPS cooling
system. Therefore, the Desalination Plant will not cause any additional impingement losses of
marine organisms associated with EPS cooling water intake (Final EIR, p. 4.3-34 and 35).
Because the volume and velocity of EPS intake water will not increase for Desalination Plant
operations, the number of organisms entrained by the EPS cooling water intake structure will not
increase. Living fish larvae entrained by the Desalination Plant will represent an incremental
loss of approximately 0.01 to 0.28 percent of the larvae present in the power plant source water.
The small proportion of marine organisms lost to entrainment as a result of the Desalination
Plant operations will not have a substantial effect on the species' ability to sustain their
populations because of their widespread distribution and high reproductive potential. The most
frequently entrained species are very abundant in the area of EPS intake, Agua Hedionda
Lagoon, and the Southern California Bight, and therefore, the actual ecological effects due to any
additional entrainment from the Desalination Plant are less than significant. Therefore, the
operation of the Desalination Plant will not result in significant impacts on those species (Final
EIR, p. 4.3-36-43).
CEQA Findings of Fact 13 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
The Project will result in increased salinity levels from the Desalination Plant discharge. No
endangered or at-risk species occur in the waters around the Project site and none of the coastline
has been designated as an area of Special Biological Significance. Due to natural geographic
distributions of most of the species within the Project area, many of the species living within the
Project vicinity naturally experience a salinity range comparable to or greater than what is
predicted for the combined discharge. Based on the modeling completed for power plant
operations and coastal oceanographic variables, salinity levels will range from 36.2 ppt (average
day bottom salinity at end of pipe) to 40.1 ppt (historical extreme, bottom salinity at end of pipe).
The area that will experience elevated salinity levels consists mainly of the sandy bottom habitat
beyond the surf zone, just offshore from the jetties. This area has a uniform, sandy bottom and
lacks the habitat complexity and biodiversity of the nearby kelp beds. Salinity levels for the hard
bottom habitat are below the significance criteria established for this habitat (EPA Guidelines
indicating 38.4 ppt), and extended exposure to salinity levels above the identified threshold of 40
ppt will be avoided under all proposed operating conditions. The "historical extreme" scenarios
will be short-term and episodic. Plant-specific tests, as well as relevant literature show that
salinity levels at or below 40 ppt will not have substantial adverse effects on species within the
study area. Therefore, since operating conditions will not result in salinity levels exceeding the
identified threshold of 40 ppt for an extended period of time, impacts related to elevated
salinities will not be significant (Final EIR, p. 4.3-43-51).
The temperature increases modeled for the combined discharge flow field are in the range of
those that occur presently in the heated-only EPS discharge. Presently the EPS only discharges
warm water and this forms a lens along the ocean surface that drifts down the coast with the
prevailing coastal flow. When the Desalination Plant discharge is added, the discharge will
submerge, drifting down coast as it sinks. This will cause a greater extent of bottom warming
than occurs within the water column and expand the thermal contours along the bottom. The
"historical average day" temperature increase will be about 1.1° C above ambient temperature,
whether along the bottom or in the water column. No significant effects associated with
combining concentrate discharge with the existing thermal discharge are anticipated (Final EIR,
p. 4.3-51). Precautionary monitoring of the discharge will be required to ensure that ongoing
operational parameters are within the range of variables assumed in the analysis. The monitoring
program is included in the Final EIR mitigation measures and in the MMRP for purposes of
tracking and implementation. However, the monitoring measure is not technically a "mitigation
measure" in that it is not needed to reduce effects on the marine environment to less than
significant levels, since no significant effects were identified.
Impacts to biological resources considered significant but mitigated to a level less than
significant are identified in Section 3 below.
2.4 Cultural Resources
Within the Project area and vicinity, there are twelve cultural resource sites that were identified
as not culturally significant. Some of these sites have been previously destroyed or are located
within developed areas. Impacts to some of the sites have been addressed in previous
environmental documents with Project approvals conditioned on mitigation for impacts to those
CEQA Findings of Fact 14 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
sites. Impacts to cultural resources that have been determined not to be significant sites are less
than significant (Final EIR, p. 4.4-17-19).
Impacts to cultural and paleontological resources considered significant but mitigated to a level
less than significant are identified in Section 3 below.
2.5 Geology and Soils
2.5.1 Desalination Plant Site
Groundwater issues will not pose a substantial constraint or hazard to Project development.
Therefore, there will be no significant soil suitability impacts related to groundwater proximity
(Final EIR, p. 4.5-10 and 11).
Based on the results of subsurface exploration and laboratory testing, the pad grade fill soils are
generally considered to have a low expansion potential using the Uniform Building Code (UBC)
standard. Therefore, impacts related to expansive soils will not be significant (Final EIR, p. 4.5-
10 and 11).
Effects of seismic shaking will be reduced by adhering to the UBC and state-of-the art seismic
design parameters of the Structural Engineers Association of California. Accordingly, impacts
related to seismic shaking will be less than significant (Final EIR, p. 4.5-11).
Large-scale liquefaction effects at the ground surface are not likely. Current standards in the
UBC will be adhered to during the design and construction of the Project, which will reduce the
potential for major structural damage. Therefore, liquefaction effects on proposed Project
structures will not be significant (Final EIR, p. 4.5-12).
The Desalination Plant and On-site Facilities are located in a gently sloping area with slight
topographic relief that is not considered to be subject to landslides. Accordingly, the potential
for landslides or other slope instability problems is low, and impacts will be less than significant
(Final EIR, p. 4.5-12).
The potential for significant tsunami effects at the locations of the Desalination Plant and On-site
Facilities is low, as the orientation of Southern California and its geographic and seismic factors
are not conducive to tsunamis. Based on these factors, impacts will be less than significant
(Final EIR, p. 4.5-12 and 13).
In Carlsbad, seiches are not expected to affect areas 5 to 10 feet above lagoon water level. As
the Desalination Plant site will be located 30 feet above mean sea level relative to the Agua
Hedionda Lagoon, the potential for seiches to affect the site are low and any impacts will be less
than significant (Final EIR, p. 4.5-12 and 13).
The site-specific geotechnical investigation of the sites for the Desalination Plant and On-site
Facilities did not reveal the presence of important mineral resources. There will be no significant
impacts related to the loss of availability of a known mineral resource that would be of future
value to the region and the residents of the State (Final EIR, p. 4.5-13).
CEQA Findings of Fact 15 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
2.5.2 Offsite Facilities
Although topography of the pipeline routes varies greatly, landslide hazards associated with the
pipelines is minimal since the facilities will be placed underground and ground surface
topography will be restored to pre-Project conditions. Impacts will be less than significant (Final
EIR, p. 4.5-13 and 14).
Implementation of the Project will not result in substantial adverse effects to people or structures
from landslides or seismic activity (Final EIR, p. 4.5-15).
Mineral resources within the City of Carlsbad are no longer being extracted and utilized as
exploitable natural resources (City of Carlsbad General Plan). The majority of areas crossed by
offsite facilities have not .been delineated as an important mineral resource recovery site within
the general plans of the applicable cities, and these alignments will not cause any impacts (Final
EIR, p. 4.5-16).
Significant geologic and soils impacts mitigated to a level less than significant are identified in
Section 3 below.
2.6 Hazards and Hazardous Materials
Construction of the Desalination Plant will not involve extensive excavation or soil removal, and
therefore, it is not likely that exposure of contaminated soils or groundwater will result from
construction activities. Demolition activities will be required to adhere to appropriate regulatory
requirements of the Occupational Safety and Health Administration to protect workers from
exposure to potential hazards. Therefore, Project construction is not anticipated to expose people
to potential hazards or result in release or upset associated with any hazardous substances, and
any impacts will be less than significant (Final EIR, p. 4.6-9).
Project features that are designed to reduce risks associated with chemical use and storage,
combined with regulatory requirements for safe handling and storage of materials, will minimize
hazards associated with plant operation. The Project will not create a significant hazard to the
public or the environment through the routine transport, use, or disposal of hazardous materials,
or create a significant hazard to the public or environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment. In
addition, the Desalination Plant is not within one-quarter mile of an existing or proposed school.
Therefore, impacts from the long-term operational use, storage, and transport of hazardous
materials involved in desalination facility operations will be less than significant (Final EIR, p.
4.6-9-14). However, although impacts associated with hazards will be less than significant due
to the facility design and proposed operational measures, avoidance measures are included to
ensure that these Project features and operational practices are maintained (see Section 3 of these
Findings).
CEQA Findings of Fact 16 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Operation of the offsite pipeline areas will convey potable water through the pipelines, which
will not pose a hazardous risk to the public or the environment and there would be no adverse
impacts (Final EIR, p. 4.6-14).
During operation of the Project, the use, storage, transportation, and disposal of hazardous
materials will be conducted in accordance with local, state and federal regulatory requirements.
With incorporation of a traffic control plan into the Project and adherence to applicable
regulations, the Project will not significantly impair implementation of or physically interfere
with an adopted emergency response plan or emergency evacuation plan. No mitigation is
required (Final EIR, p. 4.6-10-14).
Hazards and hazardous materials impacts considered significant but mitigated to a level less than
significant are identified in Section 3 below.
2.7 Hydrology and Water Quality
Development of the Desalination Plant and On-site Facilities will result in a 2.5-acre increase of
impervious surface from the plant building and structures, an expanded access road turnaround,
and small parking area associated with the new plant. Construction of the off-site pipelines will
not result in increased impervious surfaces and will not impact storm water drainage. Due to its
limited size, the offsite pump station will result in a negligible amount of impervious surfaces
being created. There are no significant impacts to hydrology and water quality from the On-site
or Off-site Facilities (Final EIR, p. 4.7-10-12).
2.7.1 Effects of Desalination Plant Discharge on Ocean Water Quality
2.7.1.1 Salinity
As discussed in Section 2.3.2. above, discharge from Desalination Plant operations will result in
increased salinity. Dispersion of increased salinity in nearshore waters will depend on a variety
of environmental factors. Salinity in this region of the ocean is relatively constant, with
maximum variation over a 20.5-year period of approximately 10%. The present discharge from
the EPS causes a surface plume due to the thermally buoyant properties of the effluent. In
contrast, the Desalination Plant's concentrate discharge will be denser than the ambient seawater,
and the discharge plume will sink under every operational condition. On the seafloor at the edge
of the Zone of Initial Dilution ("ZID") (the area extending 1,000 feet from the discharge
channel), maximum salinities for the four scenarios of worst-day, worst-month, average-day, and
average-month will exceed the range of natural variability by less than 0.8 ppt. The results for
the historical worst-case scenarios indicate that the natural range of salinity will be exceeded by
less than 15 percent due to reduced flow from the power plant and the simultaneous occurrence
of minimal natural mixing conditions in the vicinity of the discharge channel. Under these
CEQA Findings of Fact 17 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
conditions, the salinities are projected to be 1.9 to 3.8 ppt above the natural range of ocean
salinity.
The historical record of plant flow and environmental variables indicates that 95% of the time
the maximum salinity at the edge of the ZID will be less than 36.2 ppt. Extended exposure to
salinity levels above 40 ppt will be avoided under all proposed operating conditions.
In addition, as noted in Section 4.3 of the Final EIR, the "historical extreme" scenario, which
entails simultaneous occurrence of 254 mgd of net flow and minimal natural mixing, conditions
in the vicinity of the discharge channel will have a likelihood of less than 1% occurrence (less
than one day in twenty years). Under the "historical extreme" scenario, end-of-pipe salinity
could reach 40.1 ppt. However, since the probability of this occurring is less than 1%, it will not
result in any substantial adverse effects to marine organisms found within the Project vicinity.
No significant effects will occur under this "historical extreme" scenario. The salinity levels for
the hard bottom habitat will always be below the significance criteria established for this habitat
(38.4ppt). Therefore impacts to ocean water quality resulting from Desalination Plant operations
will be less than significant (Final EIR, p. 4.7-13-21).
2.7.1.2 Temperature
Sea surface temperatures in the vicinity of the EPS ranged over a 20.5-year period from 9.9 °C to
25.1 °C (49 °F to 77.2 °F) with a mean of 17.5 °C (63.5 °F). Per the thermal objectives for
discharge from new facilities defined in the California Ocean Plan, the discharge of elevated
temperature wastes shall not result in increases in the natural water temperature exceeding 2.2 °C
(4 °F) at the (a) shoreline, (b) surface of any ocean substrate, or (c) ocean surface beyond 305 m
(1000 ft) from the discharge system. The surface temperature limitation shall be maintained at
least 50% of the duration of any complete tidal cycle. The combined discharge from the
EPS/desalination plan is denser than the ambient seawater, even under conditions when heated
discharge from the power plant is assumed. Therefore, the discharge sinks under all operating
conditions. The Unit 4 Historical Extreme (heated) does not cause thermal increase of 2.2 °C (4
°F) or greater at any point, thus satisfying the California Ocean Plan objectives. The historical
extreme case that assumes no power plant heating has no thermal impacts. Therefore, impacts
related to thermal discharge will be less than significant under all operating scenarios (Final EIR,
p. 4.7-21).
2.7.1.3 Recirculation and Impact on the Lagoon
The potential for the recirculation of the discharge back into the lagoon and into the intake will
be insignificant. The intake for the power plant is located in the southwestern portion of the
western basin of the Agua Hedionda Lagoon. The computer models used in the FEIR examined
the potential for recirculation by computing dilution throughout the lagoon. The worst-case
condition resulted in bottom salinity at the inlet of the lagoon of less than 33.7 ppt. This salinity
value falls below the threshold of 36.8 ppt; therefore impacts will be less than significant.
Dilution of the combined discharge (heat and sea salt concentrate) within the lagoon varied from
CEQA Findings of Fact 18 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 ~ PDF and Desalination Plant
Findings of Fact
1,000:1 at the west end of the West Basin, increasing to 300,000:1 at the plant intake and in the
East Basin. Therefore, the recirculation of the combined thermal and saline discharge will be
negligible and less than significant (Final EIR, p. 4.7-21 and 22).
2.7.1.4 Sediment Transport
The combined discharge from the EPS/Desalination Plant will have less than significant impacts
on sediment transport compared to the currently permitted, power-plant-only discharge. Since
the combined discharge volume will be lessened, the discharge-stream offshore velocity will also
be lessened, thereby lessening the overall impact on natural longshore sand transport (Final EIR,
p. 4.7-22).
2.7.1.5 Chemicals, Metals, and Cleaning Solutions
Various chemicals and cleaning solutions will be used in the desalination process, however the
pretreatment of the water with ferric sulfate and the intermittent pulsing of sodium hypochlorite
(chlorine) will not substantially affect ocean water quality. The flocculated ferric sulphate will
be removed by sand filters, and the chlorine will be scrubbed with sodium bisulfite prior to
passing through the RO membranes. The intermittent use of sodium bisulfite may also lower the
dissolved oxygen during the period of chlorine treatment. The California Ocean Plan limits the
decrease in dissolved oxygen to no more than 10% of the ambient level at the edge of the ZID.
The seawater is slightly alkaline (pH of 7.8 to 8.3) and sulfuric acid will be added as needed to
make the natural source seawater more neutral before membrane treatment. The maximum
dosage of sulfuric acid that may be used for seawater alkalinity neutralization is 30 mg/L, with a
typical dosage between 15 and 20 mg/L.
Sulfuric acid is added the seawater to reduce the pH from alkaline (pH of 7.8 to 8.3) to neutral
(pH of 7). Sulfuric acid reacts with the seawater creating water and sulfates. When the
concentrate is mixed with the power plant discharge, the pH of the combined discharge is
increased to 7.8, which is within the range of ambient conditions. Therefore sulfuric acid
addition is not expected to result in non-compliance with the Ocean Plan pH limit of 0.2 pH unit
deviation from the ambient ocean water (Final EIR, p. 4.7-22 and 23).
All piping and other Desalination Plant and On-site Facilities materials in contact with the
seawater will be made of high-grade stainless steel, concrete or plastic. Therefore, no significant
amount of corrosion byproducts is likely in the Desalination Plant discharge and impacts will be
less than significant (Final EIR, p. 4.7-23).
As shown in Table 4.7-5 of the Final EIR, the minimum initial dilution required to meet the
California Ocean Plan water quality objectives will be one part seawater to one part RO
discharge. Under all operating scenarios, including the Unit 4 and Historical Extreme case, the
1:1 minimum dilution requirement is achieved. Therefore, impacts will be less than significant
(Final EIR, p. 4.7-23).
2.J.I.6 Surfing Points
CEQA Findings of Fact 19 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
A delta formation has formed seaward of the outlet jetties on an otherwise simple plane beach
profile, creating a surfing break. This surfing point is known as "Warm Water Jetties," because
the water directly around the jetties is warmer than that of the neighboring beach. By providing
relief in the bathymetry, the delta produces surfable waves and is essentially a ramp/focus
configuration (Scarfe, Elwany, Black, and Mead, 2003). The ramp acts to reduce the directional
spread of waves approaching the shore and steepens them through the shoaling process. Surfing
quality varies with tide, swell, and delta shape, and conditions are best when there is a large
quantity of sand. During operation of the Desalination Plant, the flow will be reduced by
roughly 5%, thus possibly reducing the quantity of sand to the delta. This slight change should
not affect surf quality, but it may move the delta slightly inshore. In addition, smaller scale
wedge features may appear inshore of the delta. These conditions may create longer surfing
rides, but will not substantially affect water quality, or recreational opportunities (Final EIR, p.
4.7-23 and 24).
2.8 Land Use and Planning
The Project is compatible with the existing land use and zoning designations for the property.
Because of its compatibility with existing uses, the Project will not cause any significant adverse
effects related to division of an established community (Final EIR, p. 4.8-10 and 11).
The Desalination Plant and On-site Facilities are compatible with existing adjacent land uses and
zoning, including the Outer and Middle Agua Hedionda Lagoon at its southern shoreline and the
beach to the west. There are no land use compatibility impacts expected for the other adjacent
land uses, because the Project does not represent a change in land use character or intensity that
would have the effect of dividing or disrupting existing land uses within the surrounding
community (Final EIR, p. 4.8-11).
Off-site Facilities will primarily be located below-ground within existing easements, rights-of
way or planned roads and will not have local land use effects of significance after installation
(Final EIR, p. 4.8-12).
Impacts to land use and planning considered significant but mitigated to a level less than
significant are identified in Section 3 below.
2.9 Noise and Vibration
2.9.1 Construction Impacts
Noise and vibration generated by construction equipment onsite will occur with varying
intensities and durations during the various phases of construction. The closest residences are
located approximately 450 feet or more from the construction area of the closest On-site
Facilities and more than approximately 1,800 feet from the Desalination Plant. At both
distances the maximum noise level will be approximately 70 dB or less. The equipment used for
construction will not generate significant vibration levels. Impacts from onsite construction
activities will be less than significant and will represent only a minor temporary increase in noise
levels in the Project vicinity (Final EIR, p. 4.9-6).
CEQA Findings of Fact 20 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Construction traffic will generate a noise level of approximately 55 dB CNEL at a distance of 50
feet from the road in the worst-case scenario with all heavy trucks using the same route. This
noise level will cause a less than significant noise impact, since it will not exceed the applicable
significance thresholds related to compliance with existing noise standards, and will not result in
substantial temporary increases in noise levels (Final EIR, p. 4.9-7).
Because the Project will be required to comply with construction noise restrictions and will be
short in duration, construction of off-site facilities will not result in a significant noise impact,
based on the applicable significance criteria (Final EIR, p. 4.9-7-10).
2.9.2 Operational Impacts
The noise sources associated with the on-site mechanical equipment will generate a combined
noise level approximately 58 dB CNEL at the closest residential property. With the inclusion of
noise attenuation provided by intervening structures as well as the proposed on-site structures,
the noise level will be less than approximately 35 dB CNEL at the closest residential property.
Implementation of the Project therefore will not substantially increase the ambient noise level at
the closest residences or generate noise levels in excess of the City's noise criteria. Thus, the
operational noise impact will be less than significant (Final EIR, p. 4.9-10-12).
The mechanical equipment noise associated with the off-site booster pump station will reach
approximately 50 dB at the residential property boundary. This noise level will not exceed the
City of Oceanside's noise criteria. Therefore, the noise impact will be less than significant (Final
EIR, p. 4.9-13).
The Desalination Plant will require heavy truck deliveries of chemicals, disposal of waste solids,
solid residuals, and supply of equipment and spare parts, as well as daily employee traffic for
operations. The noise generated by the truck traffic and employees is not anticipated to be
perceptible, considering the existing traffic volumes on surrounding roadways, and will therefore
not cause a significant impact (Final EIR, p. 4.9-13).
2.10 Transportation and Traffic
2.10.1 Construction Traffic
Construction of the on-site and off-site facilities is not anticipated to cause the Level of Service
to fall below acceptable levels on any of the affected roadways. Therefore, traffic impacts
associated with Project construction activities will not be significant (Final EIR, p. 4.10-4-9).
However, to ensure that localized impacts do not occur as a result of selection of the identified
disposal site or additional disposal sites for trench spoils, the applicant will be required to
demonstrate that construction operations will not cause unacceptable Levels of Service during
peak hour periods on affected roadways (see Section 3.0).
2.10.2 Operational Traffic (Long-term/permanent)
CEQA Findings of Fact 21 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Assuming a worst case scenario that all Desalination Plant operational activities were to occur on
the same day, combined with the estimated employee and visitor traffic, the total impacts will be
approximately 120 trips per day on Interstate 5, Cannon Road and Carlsbad Boulevard. The
worst case impact on the affected roadways will be the projected increase on Cannon Road, as
the segment of Cannon Road from the Plant site to the freeway currently carries the lowest ADT
of the affected roadways. The projected increase in traffic on that segment of Cannon Road will
cause a 1.2% increase in additional trips. This is not a substantial increase in traffic, and
therefore, the impacts are not significant (Final EIR, p. 4.10-10).
2.10.3 Rail Facilities
The proposed offsite pipelines will cross the right-of-way for the NCTD rail line that runs just
east of the Desalination Plant site. In the City of Oceanside, the Melrose Drive and College
Boulevard pipeline options will cross the right of way for the NCTD rail line that runs along
Oceanside Boulevard. The pipelines crossing the rail lines will be installed using trenchless
construction methods, and therefore, no disruption in rail service is anticipated to occur and
impacts will be less than significant (Final EIR, p. 4.10-11).
2.10.4 Airport Facilities
One of the offsite pipeline alignments includes a segment along the northern boundary of
Palomar Airport, a location that has also been identified as a disposal site for pipeline spoil soils.
Both the pipeline and disposal sites are proposed in areas that are not within an active
navigational area, and therefore, it is not anticipated that the Project will cause any change in air
traffic patterns or any safety risks. However, to ensure that airport operational activities are not
adversely affected, the applicant will be required to coordinate with the airport operator (see
Section 3.0 of this document)
2.10.5 Growth Management Standards
It is not anticipated that additional traffic resulting from Project construction will represent a
substantial increase in daily traffic on affected roadways, and the increase is not anticipated to
result in Level of Service on these roadways falling below acceptable levels, including the
thresholds established in the City of Carlsbad Growth Management Standards (level C during
off-peak hours nor service level D during peak hours). Therefore, it is not anticipated that the
Project will result in inconsistencies with the Growth Management Standards related to traffic
(Final EIR, p. 4.10-11 and 12). However, to ensure that these standards are met, the applicant
will be required to demonstrate that construction operations will not cause unacceptable Levels
of Service during peak hour periods on affected roadways and intersections (see Section 3.0).
2.11 Public Utilities and Service Systems
CEQA Findings of Fact 22 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
2.11.1 Fire Services
The Carlsbad Fire Department currently has the facilities and personnel to accommodate the
Project, and it is not anticipated that any adverse impacts to service delivery will result from
implementation of the Project, and impacts will be less than significant (Final EIR, p. 4.11-6).
2.11.2 Police Services
Due to the minimal demand for police protection, no additional services, equipment or personnel
will be anticipated to service the Project, and impacts will be less than significant (Final EIR, p.
4.11-6).
2.11.3 Parks
The Project will not generate substantial additional population, and therefore will not create
substantial demand for recreational facilities or services (Final EIR, p. 4.11-6).
2.11.4 Wastewater
The Project will comply with local discharge limits and pretreatment requirements of the
EWPCF. The Project will not require or cause the construction of new wastewater facilities or
expansion of existing facilities that could cause significant environmental effects. The City of
Carlsbad has sufficient capacity to meet the Project's demands in consideration of existing
commitments. Therefore, impacts to wastewater collection and treatment will be less than
significant (Final EIR, p. 4.11-7-11). However, to ensure capacity rights are not exceeded, a
mitigation measure has been included that quantifies maximum acceptable daily and
instantaneous flows at 200,000 gpd and 300 gpm (see Section 3.0).
2.11.5 Water
The Desalination Plant will have multiple treatment processes, including pretreatment facilities,
cartridge filters, reverse osmosis membranes, and product water conditioning and disinfection
facilities. Intake seawater will be filtered through pretreatment facilities that will be designed to
remove over 99.9 percent of all suspended solids and will also remove or inactivate over 95
percent of the bacteria and other pathogens (such as Cryptosporidium, Giardia, and viruses), if
they are present in the source seawater. The reverse osmosis facilities will remove essentially all
of the remaining suspended solids, bacteria, and pathogens, and therefore there will be no
significant impacts related to product water quality (Final EIR, p. 4.11-11-14).
The projected quality of the Desalination Plant's product water after reverse osmosis treatment
and post-chemical addition is comparable with the water it will blend with in the distribution
system. The Desalination Plant product water will meet the respective DHS water quality limits
for odors. In terms of regulated volatile organics, and other compounds that may impact product
water taste and odor, product water from the Desalination Plant will comply with all drinking
water standards and will not differ substantially from the water quality of the other sources of
CEQA Findings of Fact 23 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
product water in the distribution system. Therefore, no adverse aesthetic effects on water quality
will be caused by water blending (Final EIR, p. 4.11-15-16).
Delivery of water from the Desalination Plant will in certain cases involve reversal of water flow
in existing water delivery facilities, since the location of the source water supply will change. To
protect water users from potential taste and odor problems associated with the startup of facility
operations, just prior to startup, a sequential flushing program will be coordinated with the
involved water agencies and the City staff to minimize any sediment disturbance that might
occur due to flow reversals in the system. A flushing program will minimize any aesthetic issues
that might be created through flow reversals. Therefore, no adverse aesthetic effects on water
quality are/will be caused by flow reversal (Final EIR, p. 4.11-16).
Distribution of 50 mgd of water from the Project will require continuous pumping to maintain
adequate pressure to reach distribution points. Power failure at the pump locations may cause
hydraulic impacts on the regional water distribution system due to suction that is created within
pipes when water flow is suddenly stopped (referred to a "surge"). Design features will be
incorporated into the proposed water delivery system that will minimize potential effects to
acceptable levels. Therefore, there will be no adverse effects upon existing water delivery
facilities from potential surge (Final EIR, p. 4.11-16 and 17).
2.11.6 Solid Waste
The primary sources of solid waste from the Desalination Plant will consist of sludge generated
as a result of the intake water pretreatment filtration and disposal of other wastes such as filter
cartridges. Sludge disposal will involve dewatering onsite to a sludge concentration of 20% or
higher and disposal in a sanitary landfill. The generation of this additional waste, whether in the
form of sludge or filter cartridges, will not significantly affect landfill capacity or require
expansion of facilities, due to the relatively small quantities of such waste. Therefore, impacts to
solid waste facilities will not be significant (Final EIR, p. 4.11-17).
2.11.7 Energy
Equipment associated with operation of the Desalination Plant and related On-site and Off-site
Facilities will utilize electric power. The Project's electricity demand would be approximately
36.05 MWh under maximum operating conditions. The projected demand does not represent a
substantial increase in demand on the regional electrical grid. Therefore, it is not anticipated that
the increase in energy demand and consumption will require expansion of or improvements to
existing facilities within the ISO controlled electricity grid that could cause significant
environmental effects. Therefore, impacts to energy resources and facilities will be less than
significant (Final EIR, p. 4.11-17-21).
2.11.8 Local Facilities and Improvements Plan/Local Facilities Management Plans (LFMP)
The City of Carlsbad Local Facilities and Improvements Plan/Local Facilities Management Plans
(LFMP) were adopted to ensure that growth occurs in concert with public facilities and service
systems. The Project will not cause the provision of additional residential units or substantial
CEQA Findings of Fact 24 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
employment opportunities that could be directly tied to additional growth. Therefore, the Project
will not conflict with these policy documents' standards or thresholds for the City of Carlsbad's
administrative facilities, fire, schools, libraries and park and recreation facilities (Final EIR, p.
4.11-21). In addition, the remaining LFMP standards regarding wastewater treatment capacity,
sewer collection, drainage facilities, water distribution, open space, and circulation, are
applicable to the project. As discussed above, impacts to wastewater collection and treatment
capacity will be less than significant (Final EIR, p. 4.11-7-11), and a mitigation measure has
been added to ensure capacity rights are not exceeded (see Section 3). Further, while the Project
is not anticipated to result in inconsistencies with circulation standards (Final EIR, p. 4.10-11
and 12), mitigation measures have been included to ensure unacceptable levels of service will
not result on certain roads and intersections during construction operations (see Section 3.0).
Further, the Project will result in no significant impacts to drainage facilities or water distribution
(Final EIR, p. 4.11-21). Finally, as noted in the LFMP applicable to the Desalination Plant, the
open space threshold has already been met.
2.12 Cumulative
2.12.1 Aesthetics
Because the On-site Facilities are located within an industrial area, and because the Off-site
Facilities that will be visible (off-site pump station) after construction are minimal, the Project
will not contribute substantially to changes in aesthetics associated with development of
cumulative projects, and impacts would be less than significant (Final EIR, p. 5-8).
2.12.2 Biological Resources
The City of Carlsbad's HMP and the Oceanside Subarea Plan serve as the local implementation
plans for the sub-regional MHCP. The HMP and Subarea Plan provide mitigation programs to
address the effects of cumulative development. If a Project is determined to be consistent with
the HMP and Subarea Plan, and/or provides appropriate mitigation to ensure the integrity of the
plans, its cumulative effects will not be significant. As noted in Section 4.3, Biological Resources
of the Final EIR, the Project is consistent with both the HMP and Subarea Plan, and therefore no
significant cumulative impacts to biological resources will result from Project implementation
(Final EIR, p. 5-9).
As discussed in detail in Section 4.3, Biological Resources of the Final EIR, the Project design
and operating parameters will not result in significant impacts to marine organisms. Specific
analyses for each of the cumulative projects considered may yield different results, depending on
the proposed operational characteristics of each desalination plant proposed along the southern
California coast (as identified in Table 5-1 of the Final EIR) and the resources found locally.
However, it is reasonable to conclude that the absence of localized impacts to populations of
species that occur throughout the cumulative projects' study area resulting from the Project
indicate that the Project's contributions to cumulative effects on marine organisms will be less
than significant (Final EIR, p. 5-10).
CEQA Findings of Fact 25 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
2.12.3 Cultural Resources
The mitigation measures required for this Project and the mitigation standards required by the
City in its CEQA review provide for avoidance, documentation and/or recovery of significant
cultural resources, and as a result, all significant cumulative impacts related to cultural resources
are avoided (Final EIR, p. 5-10).
2.12.4 Geology and Soils
The Desalination Plant site, On-site Facilities, and Off-site Facilities will require relatively minor
site preparation and excavation of soils. Project mitigation to control and address erosion and
seismic and soils hazards, in conjunction with similar standard measures required of cumulative
projects, will avoid significant cumulative impacts (Final EIR, p. 5-11).
2.12.5 Hazards and Hazardous Materials
The cumulative impacts analysis for hazards and hazardous materials considered the area
surrounding the Desalination Plant (together with the On-site and Off-site facilities), specifically,
the projects listed in Table 5-1 of the EIR. The Project will not contribute to cumulative
considerable increases in hazards or hazardous materials, and in fact will contribute to cleanup of
potential contamination on the Project site (Final EIR, p. 5-11).
2.12.6 Hydrology and Water Quality
The cumulative impacts analysis for hydrology and water quality considered the area that could
be impacted by the Desalination Plant, specifically, the watershed for the Desalination Plant and
On-site and Off-site Facilities and the portion of the ocean that could be affected by discharges.
As noted above in Section 2.12.2 of this document, water quality impacts related to effects on
marine biological resources that are associated with desalination plant discharge will not be
cumulatively significant. Other water quality and hydrology issues associated with the plant will
be temporary (construction-related) in nature and would not contribute to cumulatively
significant impacts (Final EIR, p. 5-11).
2.12.7 Land Use and Planning
The Desalination Plant and On-site Facilities constitute a utility use proposed entirely within the
boundaries of an existing utility site. The Off-site Facilities that would convey product water
from the plant and into the surrounding communities would be primarily located within existing
street rights of way and installed underground. The Project therefore will not contribute to
significant impacts from cumulative development that may have the effect of dividing an
established community or conflicting with environmental policies. (Final EIR, p. 5-11).
2.12.8 Noise and Vibration
CEQA Findings of Fact 26 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
The Project will contribute to short-term cumulative noise impacts; however, due to the short
duration of Project construction and requirements of city noise ordinances and standards, it is not
anticipated that those cumulative effects would reach a level of significance. Therefore, the
Project, in conjunction with cumulative projects, will not cause significant cumulative noise
impacts (Final EIR, p. 5-12).
2.12.9 Transportation and Traffic
Similar to noise impacts, Project traffic impacts are primarily associated with construction.
Since the time frame for construction is relatively short, it is not anticipated that a substantial
increase in current traffic levels resulting from cumulative development will occur prior to
completion of Project construction. Therefore, temporary traffic impacts associated with the
Project will cease prior to any substantial cumulative traffic impacts being realized on local
roadways. With mitigation, impacts related to Project construction alone are considered to be
less than significant (Section 3). Therefore, the Project is not anticipated to contribute to any
significant cumulative traffic impacts (Final EIR, p. 5-12 and 13).
2.12.10 Public Utilities and Services
The cumulative impacts analysis for energy considered potential statewide cumulative impacts.
As noted in Section 4.11 of the EIR, the Project will not generate the need for additional public
facilities or services and will not contribute to considerable increases in demand for public
services. Additionally, the Project will not result in increased energy demand that would
necessitate additional electrical generating or transmission facilities. This conclusion is
primarily based on capacity and reliability features built into the electrical transmission grid.
Implementation of the cumulative projects will therefore not cause energy demand that will
require additional energy-related facilities beyond those planned to serve proposed development
(Final EIR, p. 5-13).
The Project will not cause increased wastewater production that would require additional
wastewater treatment capacity. Additional cumulative projects would also increase wastewater
treatment demand. However, the relevant cumulative projects are generally consistent with land
use planning assumptions included in the Encina Wastewater Authority's (EWA) planning
assumptions. This conclusion is based on the EWA Phase V expansion plans. Implementation of
the cumulative projects will not increase wastewater treatment demand such that additional
wastewater facilities would be required (Final EIR, p. 5-13).
3.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO
BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT
The Final EIR identifies certain mitigation measures which have been incorporated, in all
substantive respects, into the MMRP for the Project. The City, as Lead Agency, will incorporate
the MMRP into the conditions of approval of the Project.
The City finds, pursuant to CEQA Section 21081(a)(l)-(2) and CEQA Guidelines Section
15091(a)(l)-(2), that changes or alterations have been required in, or incorporated into, the
CEQA Findings of Fact 27 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Project, which would avoid or substantially lessen the potentially significant effects, or, such
changes or alterations are within the responsibility and jurisdiction of another Public Agency and
have been, or can and should be, adopted by that other agency, in the following environmental
categories: (1) Aesthetics; (2) Biological Resources; (3) Cultural Resources; (4) Geology and
Soils; (5) Hazards and Hazardous Materials; (6) Hydrology and Water Quality; (7) Land Use and
planning; (8) Transportation and Traffic; and (8) Public Utilities and Service Systems.
The City finds that the potentially significant effects in the environmental categories specified
above have been mitigated to a level that is less than significant after implementation of
mitigation measures identified in the Final EIR and incorporated into the MMRP. The impacts
which have been reduced to a less than significant level with mitigation, together with the basis
for such determination, are set forth below.
The City further finds that, to the extent that certain impacts will occur outside of the City's
jurisdiction, the mitigation measures identified in the Final EIR and incorporated into the MMRP
can and should be implemented by the respective Local Agencies.
3.1 Aesthetics
3.1.1 Potentially Significant Impacts
Exposure of certain features of the proposed facilities, such as chemical storage tanks, could
potentially result in degradation of the visual character or quality of the site and represents a
potentially significant impact.
To the extent practical, the mature vegetation that is currently providing partial screening of the
tank area from Carlsbad Boulevard will be preserved in place. However, the existing vegetative
screening of the site, particularly on the east side of the Desalination Plant, may be affected by
activities necessary for Project construction, and a potentially significant impact to scenic
resources could result.
The On-site Facilities are visually within the Carlsbad Boulevard Theme Corridor and subject to
the Scenic Corridor Guidelines (adopted July 1, 1988). The On-site Facilities are also adjacent
to the NCTD railroad corridor and will be subject to the City's Scenic Corridor Guidelines for
this corridor as well. The exterior design of the Desalination Plant, proposed screening of
chemical storage tanks, and replacement landscaping along the widened access roadway will
provide screening of visual impacts that will meet the intent of the Scenic Corridor Guidelines.
Exterior nighttime lighting of the Desalination Plant will likely exceed current levels in use in
the tank area, creating a new source of light. The primary light sources will be on and around the
building, with the pretreatment area that is closest to the lagoon receiving minimal lighting.
Although the new sources of light are not substantial, because of the sensitive nature of the
adjacent lagoon habitats, control of lighting features is necessary to avoid potential impacts to
those habitats. The surface coatings and materials proposed for the exterior of the new building
and structures is not expected to result in substantial glare impacts, however, use of reflective
glass could result in a potentially significant source of glare.
CEQA Findings of Fact 28 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
3.1.2 Mitigation Measures
The following mitigation measures will reduce potential aesthetic impacts to a less than
significant level:
3.1.2.1 Replacement planting for trees that are removed along the railroad corridor shall be
provided to screen views from the rail line towards the facility. Tree or other plant
species, quantity, and size shall be in keeping with the adopted City of Carlsbad Scenic
Corridor Guidelines, City Landscape Manual, and the vegetative character of the Agua
Hedionda Lagoon to the extent that the species are compatible with existing vegetation.
Planting shall be sufficient to provide screening when mature. Verification of the
adequacy of the proposed plantings will occur through City review and approval of the
Project's landscape plan. The Project landscape plan shall also be sent to the North
County Transit District for review and comment to ensure that replacement planting
poses no potential rail hazards.
3.1.2.2 Desalination Plant exterior mechanical equipment and facilities, including tanks, heating,
air conditioning, refrigeration equipment, plumbing lines, duct work and transformers,
shall be screened from view on all sides visible to the public. The design and material
used for screening shall be architecturally compatible with the building.
3.1.2.3 To the extent practical, the existing mature landscape on the slope facing Carlsbad
Boulevard adjacent to the Desalination Plant site shall remain in place and be protected
from construction impacts through the use of fencing and signage. Replacement planting
for trees and shrubs that are removed along the slope facing Carlsbad Boulevard shall be
provided to screen views from Carlsbad Boulevard towards the facility. Tree or other
plant species, quantity, and size shall be in keeping with the adopted City of Carlsbad
Scenic Corridor Guidelines, City Landscape Manual, the vegetative character of the Agua
Hedionda Lagoon area and shall be sufficient to provide screening from the ground up
when mature. Verification of the adequacy of the proposed plantings will occur through
City review and approval of the Project's landscape plan.
3.1.2.4 Construction staging areas within the POP area shall be screened from public view or
located in an area away from direct public view. Plans showing the staging area locations
and screening shall be submitted to the City Planning Director and his/her designee for
review and approval.
3.1.2.5 Exterior lighting for the On-Site Facilities shall serve the purpose of operations, security
and safety only. The applicant shall submit for approval a lighting plan for the proposed
facilities prior to building permit issuance. The lighting plan shall demonstrate that
Project lighting is shielded from surrounding areas, and that only the minimum amount of
lighting required for safety purposes is provided to avoid adverse effects on surrounding
areas. In general, lighting fixtures shall be shielded downward and away from the
adjacent Agua Hedionda Lagoon and adjacent properties. Construction of the
desalination plant and related facilities and improvements shall be in conformance with
the approved plan.
CEQA Findings of Fact 29 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
3.1.2.6 Building elevations, including those visible from the NCTD railroad, shall substantially
conform to the plans approved for the desalination plant pursuant to PDF 0002.
3.1.3 Supporting Explanation
The proposed mitigation measures will ensure vegetative screening of potentially obtrusive
structures and features of the Project that may be viewed from offsite areas. In addition,
architectural treatments and control of exterior lighting will avoid substantial light and glare that
may be emitted or reflected from proposed structures. Control of the location of the construction
staging area will avoid substantial adverse temporary aesthetic impacts related to construction.
Futhermore, requiring compliance with approved plans will ensure a quality building
appearance. The proposed measures will reduce potentially significant effects on visual resources
to a less than significant level and ensure conformance with the Scenic Guidelines.
3.2 Biological Resources
3.2.1 Potentially Significant Impacts
The Project will result in potential significant impacts to biological resources in the terrestrial
environment. Impacts include sensitive habitats and sensitive wildlife species. Both direct and
indirect impacts are anticipated during construction, maintenance and operation activities.
Although impacts to the marine environment have been found to be less than significant (see
Section 2.3), changes in Desalination Plant operations that increase salinity levels outside the
parameters analyzed could have potentially significant impacts.
CEQA Findings of Fact 30 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
3.2.1.1 Vegetation Communities
Implementation of the Project would result in the direct loss of the vegetation community
acreages intersecting the proposed 40-foot construction corridor associated with open trench
construction techniques. Direct impacts on sensitive vegetation communities, including chamise
chaparral, coastal sage scrub (undisturbed and disturbed), coyote brush scrub, scrub oak
chaparral, non-native grassland, herbaceous wetland (undisturbed and disturbed) open channel
(jurisdictional waters of the U.S.), and southern willow scrub will be significant. Acreages
representing temporary impacts are shown below in Table 1. In addition to the direct effects
associated with vegetation removal, potential effects associated with ground surface rupturing
during horizontal directional drilling may occur.
3.2.1.2 Sensitive Plants
TABLE 1
Temporary Impacts On Plant Communities
Habitat Type Impacts (acres)
Native Habitats
Coastal Sage Scrub
Disturbed Coastal Sage Scrub
Coyote Brush Scrub
Herbaceous Wetland
Disturbed Herbaceous Wetland
Open Channel
Southern Willow Scrub
TOTAL NATIVE IMPACTS
3.84
0.66
0.03
0.01
0.05
0.07
0.44
5.1
Non-native Habitats
Annual (non-native) Grassland
Agriculture
Developed
Disturbed Habitat
Ornamental
Ruderal
TOTAL NON-NATIVE IMPACTS
4.39
2.12
7.95
4.71
3.03
0.82
23.02
TOTAL IMPACT 28.12
A population of Nutall's scrub oak (Quercus dumosa nuttallii) occurs adjacent to the limits of
work northeast of the intersection of El Camino Real and Palomar Airport Road. The pipe
alignment in this area avoids the species, however construction activity will occur in close
proximity to the habitat.
3.2.1.3 Sensitive Animals
Implementation of the Project would result in the temporary loss of suitable habitat for three
pairs and one individual coastal California gnatcatcher. No other sensitive animals will be
substantially impacted by the Project.
CEQA Findings of Fact
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
31 May 3, 2006
Findings of Fact
3.2.1.4 Indirect Impacts
Indirect impacts on vegetation communities and sensitive species will primarily result from
adverse "edge effects." During construction of the Project, edge effects may include dust from
soil disruption, which could affect plant vitality, or construction-related soil erosion and run-off.
Impacts associated with dust are potentially significant and require mitigation. Long-term
indirect impacts on vegetation communities most likely will not increase as a result of this
Project because all impacts are temporary and resources will be revegetated to their pre-
construction conditions.
3.2.2 Mitigation Measures
The following mitigation measures will reduce potential impacts to biological resources to a less
than significant level:
3.2.2.1 Proposed mitigation for temporary impacts to sensitive habitats shall be based on the
ratios listed below in the Table 2, below. It should be noted that acreage figures are
based on estimated "worst case" impacts. Actual impacts may be less and would be
subject to the same mitigation ratios, but the mitigation acreages could change as a result.
With the exception of temporary impacts on habitats designated as Groups E and F by the
HMP (i.e., disturbed lands, eucalyptus and agricultural lands) mitigation shall consist of,
at a minimum, 1:1 revegetation of in-kind habitats at the location of impact, and, for the
portion of ratios greater than 1:1, off-site purchase or acquisition as described below.
Temporary impacts on non-native habitats designated as Groups E and F by the HMP are
expected to recover on their own and therefore are not included in revegetation efforts;
however, impacts to these habitat groups are subject to payment of a fee pursuant to the
Habitat Management Plan Mitigation Fee Program. Mitigation acreages for disturbed and
undisturbed habitats have been added together. Sensitive vegetation communities shall be
restored to the pre-existing vegetation type. 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 an
Uplands 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. These measures will reduce significant direct effects to a level less than
significant.
CEQA Findings of Fact 32 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Table 2
Mitigation Ratios
Habitat Type
Impacts (acres)
In Coastal Outside
Zone Coastal
Zone
Mitigation
Ratio Mitigation (acres) @ ratio
In Coastal Zone Outside
Coastal
Zone
Coastal Sage
Scrub
Coyote Bush Scrub
Herbaceous
Wetland
Open Channel
Southern Willow
Scrub
Annual (non-native)
grassland
Agriculture/
disturbed/
Ruderal
0.90
0.00
0.00
0.00
0.00
0.68
3.12
3.6
0.03
0.06
0.07
0.44
3.71
4.53
4.5
0.03
0.06
0.07
0.44
4.39
7.65
2:1
2:1
3:1
1:1
3:1
Fee
Fee
1.80
0.00
0.00
0.00
0.00
0.00
0.00
7.20
0.06
0.18
0.07
1.32
0.00
0.00
9.00
0.06
0.18
0.07
1.32
0.00
0.00
Sensitive vegetation communities shall be restored to the pre-existing vegetation type.
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 an Uplands 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.
3.2.2.2 Mitigation ratios identified in the Table 2 that require more than 1:1 mitigation (e.g., 2:1)
shall satisfy the mitigation that is in addition to the 1:1 in one or both of the following
ways and in a manner acceptable to local, state, and federal agencies:
o Through purchase of mitigation bank credits
o Through acquisition and preservation of suitable habitat in the vicinity of the
Project
3.2.2.3 Indirect impacts including dust, soil erosion, pollution, siltation, and runoff shall be
reduced through implementation of construction best management practices (BMPs) and
implementation of an approved SWPPP. At a minimum, implementation of these
practices shall include the following.
o Placement of stockpiles of soils and materials such that they cause minimal
interference with onsite drainage patterns,
o Hay bale barriers or gravel bags shall be placed along areas of exposed soil to
help reduce sedimentation during grading operations.
CEQA Findings of Fact
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
33 May 3, 2006
Findings of Fact
o Placement of a silt curtain or other drainage control device around construction
areas shall be required to protect natural drainage channels from sedimentation,
o Any dewatering that is needed shall be conducted in accordance with the standard
regulations of the RWQCB. A permit to discharge water from dewatering
activities will be required.
o Use of paved roadways or designated staging areas (existing developed areas) for
all equipment and vehicle refueling and maintenance,
o Implementation of dust control measures such as watering,
o Temporary fencing of the limits of the construction area with clearly visible
orange construction fencing.
o Temporary fencing of the Nuttall's scrub oak population located adjacent to the
work area and northeast of the intersection of El Camino Real and Palomar
Airport Road to avoid impacts.
In order to assure that these measures are adequately protecting adjacent biological
resources, construction activity shall be monitored by a qualified biologist familiar with
the sensitive flora and fauna of the area. Biological monitoring shall be of a frequency
and duration necessary to reasonably assure that indirect impacts are minimized. This
shall include implementation of a contractor education program, verification of proper
construction and maintenance of 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. These measures shall ensure that indirect impacts on vegetation communities,
including dust, erosion, sedimentation, pollution, siltation, and runoff are reduced to level
below significant.
3.2.2.4 The potential for direct impacts on 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 14).
3.2.2.5 The potential short-term increase in noise related to construction shall be mitigated
through avoidance of construction during the gnatcatcher breeding season or maintenance
of noise levels below 60 dBA Leq at occupied nest locations if construction takes place
during the breeding season (i.e., February 15 through August 15). 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.
3.2.2.6 To avoid potential adverse effects from hydro-fracturing that could occur as a result of
horizontal directional drilling or micro-tunneling, the Applicant shall provide evidence to
the local jurisdiction that demonstrates that the design of the drilling operation provides
sufficient horizontal distance and depth from sensitive habitat areas. Information
provided shall provide appropriate engineering calculations to demonstrate to the local
jurisdiction's satisfaction that surface rupture will not occur within sensitive habitat areas.
CEQA Findings of Fact 34 May 3, 2006
and Statement of Overriding Considerations
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These measures have been made conditions of approval for the Project.
3.2.3 Supporting Explanation
For loss of terrestrial resources that are directly associated with the proposed construction
activities, creation of like habitat at a ratio of 3:1 for herbaceous wetland and southern willow
scrub, 2:1 for coastal sage scrub and coyote bush scrub, and 1:1 for open channel will mitigate
the impacts to these habitats by establishing like-habitat in the same eco-region with similar
functions and values in terms of occupied flora and fauna and ecosystem processes.
Creation of like-habitat through revegetation of in-kind habitats at the location of impact and off-
site purchase or acquisition of suitable habitat in the vicinity of the Project or through purchase
of mitigation bank credits will mitigate Project impacts to sensitive habitats and species that are
dependent on those habitats.
The Project will temporarily directly impact coastal sage scrub habitat occupied by coastal
California gnatcatcher. The potential for direct impacts to coastal California gnatcatcher pairs
and individuals shall be reduced by restricting the clearing of coastal sage scrub within the
Project alignment to dates outside of the gnatcatcher breeding season (August 1.6 through
February 14) thus protecting against direct nest harm and breeding failure. Construction noise is
also a potential impact. Protection shall be provided through the avoidance of construction
during the gnatcatcher breeding season (February 15 through August 15). If construction takes
place during the breeding season, noise levels shall remain below 60 dBA Leq at occupied nest
locations. The maintenance of appropriate noise levels shall be confirmed through protocol
gnatcatcher surveys to determine the presence of all gnatcatchers within 500 feet of Project
construction and noise measurements at nest locations during peak construction activity by a
qualified acoustician. Implementation of these mitigation measures will reduce impacts to
coastal sage scrub habitat to less than significant.
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 will mitigate indirect impacts to vegetation
communities during construction. In addition, a biological monitor shall be present during
construction to implement a contractor education program, verify proper construction
staking/fencing 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. Implementation of these mitigation measures
and biological monitoring will ensure that indirect impacts on vegetation communities will be
minimized to a level below significant.
Horizontal directional drilling or micro-tunneling can cause an adverse effect of hydro-
fracturing. The applicant will be required to provide appropriate engineering plans and
calculations to demonstrate to the appropriate local jurisdiction's satisfaction that the design of
the drilling operation provides sufficient horizontal distance and depth from sensitive habitat
CEQA Findings of Fact 35 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
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areas to minimize the risk of surface rupture within sensitive habitat areas. Adherence to
adequate design criteria will reduce impacts from horizontal directional drilling in and
maintenance on terrestrial resources to less than significant.
3.3 Cultural Resources
3.3.1 Potentially Significant Impacts
The Project is located in areas formerly inhabited by the Luiseno tribe of Native American
Indians. Within the Project area and proposed pipeline alignments, eight sites were identified as
significant, eight sites have unknown site status, one site is partially significant, and one site is
partially significant with portions identified as unknown site status. Potential impacts to
unrecorded Native American cultural sites or human remains are considered significant and
require mitigation.
Implementation of the Project may potentially disturb unknown buried paleontologic resources.
Grading at the Desalination Plant site and for the On-site Facilities is not expected to impact
Quaternary Age alluvial deposits (Loma Linda Terrace deposits) which have the potential to
contain fossiliferous rock from Pleistocene terrace deposits. However, significant impacts will
occur if these resources are encountered during excavation.
For the Off-site Facilities, grading and earthwork impacts to Cretaceous and Tertiary Age
deposits could disturb potentially occurring fossils and the information in the fossils could be
lost. This would cause a significant impact.
3.3.2 Mitigation Measures
The following mitigation measures will reduce potential impacts to cultural resources and
paleontological resources to less than significant:
Cultural Resources
3.3.2.1 Where Project construction will impact cultural resources that have been determined to
be significant, mitigation shall include either avoidance, or if avoidance is not feasible,
then a data recovery program shall be completed to recover a large enough sample of
cultural material so that information of importance in addressing regional research
questions will not be irretrievably lost. The data recovery program shall be developed by
a qualified archaeologist and approved by the City of Carlsbad or other Public Agency.
3.3.2.2In cases where the precise alignment of the pipeline is not available, and therefore the
potential to affect cultural resources cannot be specifically determined, the applicant shall
be required to retain a qualified archaeological monitor during construction so that buried
cultural resources can be identified in the field. The archaeological monitor shall meet
the minimum qualifications as required by the City of Carlsbad or other Public Agency.
If significant resources are identified within the areas that could be affected by
CEQA Findings of Fact 36 May 3, 2006
and Statement of Overriding Considerations
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construction, the resources shall be tested (pursuant to the mitigation measure 4.4-1) to
determine significance with appropriate mitigation measures employed as necessary.
Monitoring Program Requirements: The evaluation and monitoring program will be used for
cultural resources within the Project study area that are located within developed areas where
surface evaluation is precluded and specific mitigation cannot be determined at this time. For
these sites, a monitoring program is required if construction is to occur within or adjacent to the
cultural resource site. Components of such a monitoring program would include, but not be
limited to the following:
Prior toPreconstruction (Precon) Meeting:
Planning Department (PD) Plan Check: Prior to the first Precon Meeting, the Planning
Director of the appropriate Public Agency or his/her designee, shall verify that the
requirements for Archaeological Monitoring and Native American monitoring, if
applicable, have been noted on the appropriate construction documents.
Submit Letter of Qualification to Planning Director: Prior to the first Precon Meeting,
the applicant shall provide a letter of verification to the Planning Director or his/her
designee stating that a qualified Archaeologist has been retained to implement the
monitoring program.
Records Search Prior to Precon Meeting: At least thirty days prior to the Precon
Meeting the qualified Archaeologist shall verify that a records search has been completed
and updated as necessary and be prepared to introduce any pertinent information
concerning expectations and probabilities of discovery during trenching and/or grading
activities. Verification includes, but is not limited to, a copy of a confirmation letter from
South Coast Information Center or, if the search was in-house, a letter of verification
from the Archaeologist stating that the search was completed.
Precon Meeting:
Monitor Shall Attend Precon Meetings: Prior to beginning any work that requires
monitoring, the Applicant shall arrange a Precon Meeting that shall include the
Archaeologist, Construction Manager and/or Grading Contractor and Planning Director
or his/her designee. The qualified Archaeologist shall attend any grading related Precon
Meetings to make comments and/or suggestions concerning the Archaeological
Monitoring program with the Construction Manager and/or Grading Contractor.
Identify Areas to be Monitored: At the Precon Meeting, the Archaeologist shall submit to
the Planning Director or his/her designee a copy of the site/grading plan (reduced to
11x17) that identifies areas to be monitored as well as areas that may require delineation
of grading limits.
CEQA Findings of Fact 37 May 3, 2006
and Statement of Overriding Considerations
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During Construction:
Monitor Shall be Present During Grading/Excavation: The qualified Archaeologist shall
be present full-time during grading/excavation of native soils within or adjacent to a
cultural site and shall document activity via the Consultant Monitor Record. This record
shall be sent to the Planning Director or his/her designee, as appropriate, each month.
Monitoring of Trenches Will Include Mainline, Laterals, and all Appurtenances:
Monitoring of trenches is required for the mainline, laterals, services and all other
appurtenances that impact native soils within or adjacent to a cultural site one foot deeper
than existing as detailed on the plans or in the contract documents identified by drawing
number or plan file number. It is the Construction Manager's responsibility to keep the
monitor(s) up-to-date with current plans.
Discoveries: In the event of a discovery, and when requested by the Archaeologist, or
the Principal Investigator (PI) if the Monitor is not qualified as a PI, the Construction
Manager (CM), as appropriate, shall be contacted and shall divert, direct or temporarily
halt ground disturbing activities in the area of discovery to allow for preliminary
evaluation of potentially significant archaeological resources. The PI shall also
immediately notify the Planning Director or his/her designee of such findings at the time
of discovery.
Determination of Significance: The significance of the discovered resources shall be
determined by the PI. For significant archaeological resources, a Research Design and
Data Recovery Program shall be prepared, approved by the City and carried out to
mitigate impacts before ground-disturbing activities in the area of discovery will be
allowed to resume.
Minor Discovery Process for Pipeline Projects: For all projects: The following is a
summary of the criteria and procedures related to the evaluation of small cultural
resource deposits during excavation for pipelines.
Coordination and Notification: Archaeological Monitor shall notify PI, CM and the
Planning Director or his/her designee, as appropriate.
Criteria Used to Determine if it is a Small Cultural Resource Deposit
a. The deposit is limited in size both in length and depth; and,
b. The information value is limited and is not associated with any other resources;
and,
c. There are no unique features/artifacts associated with the deposit.
d. A preliminary description and photographs, if available, shall be transmitted to
the Planning Director or his/her designee.
The information will be forwarded to the Planning Department for consultation
and verification that it is a small historic deposit.
CEQA Findings of Fact 38 May 3, 2006
and Statement of Overriding Considerations
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Procedures for documentation, curation and reporting: The following constitutes
adequate mitigation of a small historic deposit to reduce impacts due to excavation
activities to below a level of significance.
a. 100% of the artifacts within the trench alignment and width shall be documented
in-situ, to include photographic records, plan view of the trench and profiles of
sidewalls, recovered, photographed after cleaning and analyzed and curated.
b. The remainder of the deposit within the limits of excavation (trench walls) shall
be left intact.
c. The Final Results Report shall include a requirement for monitoring of any future
work in the vicinity.
Human Remains: If human remains are discovered, work shall halt in that area and
procedures set forth in the California Public Resources Code (Sec. 5097.98) and State
Health and Safety Code (Sec. 7050.5) as follows:
a. Notification
(1) Archaeological Monitor shall notify the PI, CM and the Planning
Director or his/her designee.
(2) The PI shall notify the County Coroner after consultation.
b. Stop work and isolate discovery site
(1) CM/ the Planning Director or his/her designee, as
appropriate, shall stop work immediately and overlay adjacent
human remains until a determination can be made by the County
Coroner in consultation with the PI concerning the origin of the
remains and the cause of death.
(2) The County Coroner, in consultation with the PI, shall determine
the need for a field investigation to examine the remains and
establish a cause of death.
(3) If a field investigation is not warranted, the PI, in consultation with
the County Coroner, shall determine if the remains are of Native
American origin.
c. If Human Remains are Native American
(1) The Coroner shall notify the Native American Historic
Commission (NAHC). (By law, ONLY the Coroner can make this
call.)
(2) NAHC will identify the person or persons it believes to be the
Most Likely Descendent (MLD).
(3) The MLD may make recommendations to the landowner or PI
responsible for the excavation work to determine the treatment,
with appropriate dignity, of the human remains and any associated
grave goods (PRC 5097.98).
d. If Human Remains are not Native American
(1) The PI shall contact the NAHC and notify them of the historical
context of the burial.
CEQA Findings of Fact 39 May 3, 2006
and Statement of Overriding Considerations
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(2) NAHC will identify the person or persons it believes to be the
MLD.
(3) The MLD may make recommendations to the landowner or PI
responsible for the excavation work to determine the treatment of
the human remains (PRC 5097.98).
(4) If the remains are of historic origin, they shall be appropriately
removed and conveyed to the Museum of Man for analysis. The
decision for reinterment of the human remains shall be made in
consultation with the Planning Director or his/her designee, the
landowner, the NAHC and the Museum of Man.
e. Disposition of Human Remains
The landowner, or his/her authorized representative, shall reinter the
Native American human remains and any associated grave goods, with
appropriate dignity, on the property in a location not subject to further
subsurface disturbance, IF:
(1) The NAHC is unable to identify the MLD, OR the MLD failed to
make a recommendation within 24 hours after being notified by the
NAHC; OR;
(2) The landowner or authorized representative rejects the
recommendation of the MLD and mediation in accordance with
PRC 5097.94 (k) by the NAHC fails to provide measures
acceptable to the landowner.
Notification of Completion: The Archaeologist shall notify the Planning Director or
his/her designee, in writing of the end date of monitoring.
Post Construction:
Handling and Curation of Artifacts and Letter of Acceptance: The Archaeologist shall be
responsible for ensuring that all cultural remains collected are cleaned, catalogued, and
permanently curated with an appropriate institution; that a letter of acceptance from the
curation institution has been submitted to the Planning Development; that all artifacts are
analyzed to identify function and chronology as they relate to the history of the area; that
faunal material is identified as to species; and that specialty studies are completed, as
appropriate. Curation of artifacts associated with the survey, testing and/or data recovery for
this project shall be completed in consultation with the Planning Director or his/her designee
and the Native American representative, as applicable.
Final Results Reports (Monitoring and Research Design and Data Recovery Program):
Within three months following the completion of monitoring, two copies of the Final Results
Report (even if negative) and/or evaluation report, if applicable, which describes the results,
analysis, and conclusions of the Archaeological Monitoring Program (with appropriate
graphics) shall be submitted to the Planning Director or his/her designee for approval. For
significant archaeological resources encountered during monitoring, the Research Design and
Data Recovery Program shall be included as part of the Final Results Report.
CEQA Findings of Fact 40 May 3, 2006
and Statement of Overriding Considerations
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Findings of Fact
Recording Sites with State of California Department of Park and Recreation: The
Archaeologist shall be responsible for recording (on the appropriate State of California
Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially
significant resources encountered during the Archaeological Monitoring Program in
accordance with the City's Historical Resources Guidelines, and submittal of such forms to
the South Coastal Information Center with the Final Results Report.
Paleontological Resources
3.3.2.3 A qualified paleontological monitor shall be present at a pre-grading meeting with the
construction contractor and environmental review coordinator. The purpose of the
meeting would be to consult and coordinate the role of the paleontologist during
construction. The paleontological monitor shall have adequate knowledge and
experience with fossilized remains likely to be present to identify them in the field. The
paleontological monitor shall be adequately experienced to remove paleontological
resources for further study.
3.3.2.4 The paleontological monitor shall be present during the applicable stages of grading and
construction (including trenching) as determined at the pre-grading meeting. The
paleontological monitor shall have the authority to temporarily direct, divert, or halt
grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage.
At the discretion of the monitor, recovery may include washing and picking of soil
samples for microvertebrate bone and teeth. The contractor shall be aware of the random
nature of fossil occurrences and the possibility of a discovery of such scientific and/or
educational importance which might warrant a long-term salvage operation or
preservation. All fossils collected shall be donated to a museum with a systematic
paleontological collection, such as the San Diego Natural History Museum. The City of
Carlsbad Engineering Division (or the applicable division of the appropriate Public
Agency for work outside the City of Carlsbad), shall ensure the grading contractor is
aware of this provision. Conflicts regarding the role and authority of the monitor shall be
resolved by the Planning Director or his/her designee.
3.3.2.5 A paleontological monitoring report shall be submitted to the City of Carlsbad (or
appropriate Public Agency for work outside the City of Carlsbad). The report shall
describe the materials recovered by the monitoring program.
3.3.3 Supporting Explanation
Construction monitoring is considered to be the most prudent method of ensuring that substantial
adverse impacts to cultural and paleontological resources are avoided. Monitoring enables the
City to identify potential resources as Project earthwork is being conducted, and provides the
ability to halt construction for the recovery of resources. With the implementation of the
mitigation measures, impacts to cultural or paleontological resources will be less than significant.
CEQA Findings of Fact 41 May 3, 2006
and Statement of Overriding Considerations
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Findings of Fact
3.4 Geology and Soils
3.4.1 Potentially Significant Impacts
During construction of the Desalination Plant and On-site Facilities, erosion could be accelerated
that could undermine slopes, cause siltation of surface waters, and expose and damage
underground facilities. Implementation of the Project will require grading to remove the inner
earthen wall of the containment berms surrounding the existing fuel oil storage tank, and to
compact and smooth the existing topography of the site. Construction activities associated with
the Project will temporarily expose underlying soils, thereby increasing their susceptibility to
erosion until the Project is fully implemented. While loss of soil onsite will not lead to any
substantial impacts to the site itself, erosion resulting from site preparation could affect water
quality downstream of the Project site.
Some components of the Desalination Plant and On-site Facilities are proposed to be located on
recompacted fill soils. Without proper grading and recompaction or remedial design features for
building foundations, impacts related to soil stability are considered significant.
Regarding Off-site Facilities, potentially significant construction-related impacts associated with
the Project include encountering unstable soil and rock conditions and exposure of oversize rock
material during grading. Potential impacts could also arise from temporary stockpiling during
pipeline construction activities.
3.4.2 Mitigation Measures
The following mitigation measures will reduce potential impacts to geologic and soil resources
to less than significant:
3.4.2.1 To provide a uniform bearing for the proposed facility, the fill/residual soils beneath the
desalination facility site shall be removed and recompacted. As an alternative, all the
building footings may be deepened through the compacted fill soils and be founded into
the formational materials of the Santiago Formation, in accordance with the
recommendations contained in the geotechnical report (GeoLogic Associates 2004).
3.4.2.2 A pre-construction geotechnical investigation shall be prepared to address geotechnical
considerations related to constructing and operating all of the offsite project components
including water delivery pipelines, the pump station, and surge control facilities. The
report shall contain all necessary requirements to address any adverse soils conditions
that may be encountered in final design of the facilities. The Project will be required to
adhere to all such requirements. The report shall include a discussion of site-specific
geology, soils and foundational issues, a seismic hazards analysis to determine the
potential for strong ground acceleration and ground shaking, potential groundwater
issues, and structural design recommendations. The soil engineer and engineering
geologist shall review the grading plans prior to finalization to verify the plans'
CEQA Findings of Fact 42 May 3, 2006
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compliance with the recommendations of the report. A third party review of the
geotechnical report and final grading plans shall be conducted by the Engineering
Department of the appropriate local jurisdiction (e.g., the City of Carlsbad) prior to
issuance of grading permits and encroachment permits. Compliance with this measure
shall be verified by the local jurisdiction.
3.4.3 Supporting Explanation
The Desalination Plant and On-site Facilities will be constructed in an area that has fill and
residual soils. The expansion potential of the onsite fill soils is in the low range (expansion
index from 21 to 50 per the UBC). Proper grading and recompaction or remedial design features
for building foundations, will ensure that substantial adverse impacts associated with soil
stability are avoided. Adherence to the City's Grading Ordinance and incorporation of the
mitigation measure noted above will ensure that fill soils are removed and recompacted prior to
construction.
The impact analysis for the Off-site Facilities first considers that depending on the selected
alignment, approximately 50 to 80 percent of the pipeline will be located within existing road
right-of-ways. For these pipelines, issues involving constructability, seismic hazards, landslides,
liquefaction, and mineral resources are not anticipated to pose substantial constraints on Project
development, given the developed nature of the existing roadways and the fact that various
utility lines currently exist along the alignment. These issues can be appropriately and
adequately addressed in design-level geotechnical evaluations that will identify specific design
measures related to soils, seismicity, hazards, groundwater, and structural design issues for all
offsite Project components. Pipeline construction would also be subject to erosion control
measures identified in Section 4.7.5 of the Final EIR, as further outlined below.
3.5 Hazards and Hazardous Materials
3.5.1 Potentially Significant Impacts
Project features that are designed to reduce risks associated with chemical use and storage,
combined with regulatory requirements for safe handling and storage of materials will minimize
hazards associated with plant operation. It is not anticipated that the Project will create a
significant hazard to the public or the environment through the routine transport, use, or disposal
of hazardous materials, or create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment. However, although impacts associated with hazards are
considered to be less than significant with the facility design and proposed operational measures,
mitigation measures are included to ensure that these Project features and operational practices
are maintained.
Forty potentially hazardous sites have been identified in proximity to the construction areas for
the offsite pipelines. Release or exposure of existing subsurface contamination could result from
Project construction activities.
CEQA Findings of Fact 43 May 3, 2006
and Statement of Overriding Considerations
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Findings of Fact
Several of the offsite pipeline areas will be located within the Palomar-McClellan Airport
Influence Area; some portions of the pipelines will also be located in the Flight Activity Zone
and Runway Protection Zone. Construction activities for the segments of alternative pipeline
alignments located at and near Palomar-McClellan Airport must be coordinated with airport
operations to avoid presenting a potential hazard to airport and aircraft operations. Mitigation to
ensure this coordination is contained in Section 3 G., Land Use and Planning, of this document.
3.5.2 Mitigation Measures
The following mitigation measures will reduce potential impacts from hazards and hazardous
materials to less than significant:
3.5.2.1 To mitigate the potential for exposure of existing contamination during construction of
offsite pipelines, construction monitoring will be provided in areas identified as having
the potential for such risks, and appropriate actions, as determined by the City's
construction inspector shall be taken if such materials are encountered. Such actions may
include avoidance or removal of contaminated materials, or special handling measures to
avoid exposure to materials.
3.5.2.2 In accordance with all applicable federal, state and local regulations, plant personnel shall
regularly inspect all hazardous materials handling facilities for compliance with
applicable regulations and shall ensure that any deficiencies are promptly repaired. In
addition, the facility shall be subject to regular inspections by the County Department of
Public Health and City's Fire Department, which will ensure compliance with appropriate
regulatory requirements for hazardous materials and regulated substances handling.
3.5.2.3 All hazardous materials shall be handled, stored, transported and disposed in accordance
with all applicable federal, state and local codes and regulations. Specific requirements of
the California Fire Code that reduce the risk of fire or the potential for a release of
hazardous materials that could affect public health or environment include:
o Provision of an automatic sprinkler system for indoor hazardous material storage
areas;
o Provision of an exhaust system for indoor hazardous material storage areas;
o Separation of incompatible materials by isolating them from each other with
noncombustible partition.
o Location of incompatible materials as far away from each other as practical.
o Spill control in all storage, handling and dispensing areas;
o Separate secondary containment for each liquid chemical storage system. The
secondary containment shall be designed to hold 110 % of the entire contents of
the tank. Adequate storage shall be provided inside the RO building to hold water
for the fire suppression system that could be used for fire protection for a period of
20 minutes in the event of a catastrophic spill. The secondary containment of the
chemical storage tanks located outside the RO building shall have extra storage
capacity to hold precipitation form a 25-year, 24-hour event.
o Use of chlorine in liquid form (sodium hypochlorite) to mitigate concerns
CEQA Findings of Fact 44 May 3, 2006
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associated with accidental toxic gas plume releases and potential odor emissions
from the chlorine storage facility;
o Use of aqua ammonia of concentration below the regulatory threshold limit of
20 % and amount below the regulatory threshold of 20,000 gallons to mitigate
concerns associated with accidental release of significant toxic ammonia gas
plume releases.
o All liquid chemical storage tanks shall be equipped with a pressure relief valve,
vapor equalization, a carbon filter vent, and vacuum breaker. Any potential vapor
fume releases from the storage tanks shall be absorbed by the carbon filter vent,
thereby providing an effective odor control for volatile chemicals, such as
ammonia and chlorine.
3.5.2.4 Each of the liquid chemicals used on site shall be stored in a tank with a concrete
secondary containment surrounding the tank. The containment area shall have a sloped
floor, which shall direct the liquid to a drain centered below the tank. This drain shall
lead to a covered sump. Each of the chemical storage tanks shall be equipped with
continuous level monitors, automated leak detection system, temperature and pressure
monitors and alarms, and excess flow and emergency block valves. All storage tanks
shall be constructed of appropriate, non-reactive materials, compatible with the
recommendations of the supplier of the hazardous material.
3.5.2.5 In the event of an accidental liquid chemical spill, the chemical shall be contained within
the concrete containment structure and evacuated through an individual drainage system,
and pumped into hazardous waste containment trucks and transported off-site for disposal
at an appropriate facility accepting such waste. This operation shall be completed by a
specialized contractor licensed in hazardous waste handling and disposal. Appropriate
agencies, such as the City of Carlsbad Fire and Police Departments, shall also be
contacted if necessary.
3.5.2.6 The chemical conveyance piping system connecting chemicals from their storage areas to
their points of application shall be protected from leaks utilizing one of the following leak
protection measures:
o Use of piping with double containment walls to prevent potential chemical leaks
from reaching the soil or groundwater; and
o Installation of chemical conveyance and feed pipelines in designated plastic or
concrete trenches that will contain potential leaks and drain the leaking
chemical(s) to a designated containment sump or tank, from where the chemical(s)
will be evacuated and disposed of in compliance with all applicable federal, state,
and local codes.
3.5.2.7 Appropriate safety programs shall be developed addressing hazardous materials storage
locations, emergency response procedures, employee training requirements, hazard
recognition, fire safety, first aid/emergency medical procedures, hazard communication
training, and release reporting requirements. These programs shall include a Hazardous
Materials Business Plan, worker safety program, fire response program, a plant safety
CEQA Findings of Fact 45 May 3, 2006
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program, and the facility's standard operating procedures. The Project shall also be in
compliance with all applicable hazardous material storage and management regulations
and shall prepare all safety planning documentation associated with compliance with
these regulations. For security purposes, the desalination facility would allow site access
to authorized personnel only via a secured entry point with a 24-hour guard.
3.5.3 Supporting Explanation
Operation of the Desalination Plant will involve the storage and use of chemical cleaning
solutions to remove deposits from the reverse osmosis membranes as well as chemicals used to
treat product water. The chemicals used for cleaning RO membranes are non-flammable and
will be stored and used in quantities below the threshold quantity levels defined by applicable
federal, state and local hazardous materials handling and management regulations. Chemicals
used for water treatment will also be transported, used and stored according to the applicable
regulations. In order to ensure that the regulations are adhered to and impacts remain below the
threshold for significance, a mitigation measure has been included to require regular inspections
by plant personnel as well as the County Department of Public Health and the City's Fire
Department. Additional mitigation measures require that all hazardous materials be handled and
stored in accordance with all applicable federal, state and local codes and regulations.
There are forty potentially hazardous sites in proximity to the offsite pipeline alignments.
Although not expected, construction could expose potentially contaminated soils or groundwater.
Construction monitoring will serve to identify appropriate actions if such materials are
encountered. Implementation of the above described mitigation measures will ensure that
impacts from hazards or hazardous materials remain below a significant level.
3.6 Hydrology and Water Quality
3.6.1 Potentially Significant Impacts
During construction of the Desalination Plant, On-site Facilities and Off-site Facilities, bare soils
will be exposed; soil and material stockpiles will be established; and fuels, lubricants and solid
and liquid wastes will be stored within active construction areas. If the construction areas are not
properly managed to contain loose soils and liquid and solid contaminants, potentially significant
short-term water quality impacts could occur.
Some of the off-site pipeline areas are located in 100-year flood zones and placement of
construction materials could temporarily impede or redirect flows during construction. Although
temporary, these impacts are potentially significant.
3.6.2 Mitigation Measures
The following mitigation measures will reduce potential impacts to hydrology and water quality
to less than significant:
CEQA Findings of Fact 46 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
3.6.2.1 Prior to issuance of a grading permit, building permit or demolition permit, whichever
occurs first, the project applicant shall demonstrate compliance with all applicable
regulations established by the United States Environmental Protection Agency (USEPA)
as set forth in the National Pollutant Discharge Elimination System (NPDES) permit
requirements for urban runoff and storm water discharge and any regulations adopted by
the city within which construction will take place, pursuant to the NPDES regulations or
requirements of that city (Carlsbad, Oceanside and Vista). Further, the applicant shall
file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain
coverage under the NPDES General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities. The SWPPP shall
include both construction and post-construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post-construction control
measures. The SWPPP shall also be sent to the North County Transit District for review
and comment.
3.6.2.2 The following best management practices shall be adhered to during construction:
o Gravel bags, silt fences, etc. shall be placed along the edge of all work areas as
determined appropriate by the City's construction inspector in order to contain
particulates prior to contact with receiving waters.
o All concrete washing and spoils dumping will occur in a designated location.
o Construction stockpiles will be covered in order to prevent blow-off or runoff
during weather events,
o A pollution control education plan shall be developed by the General Contractor
and implemented throughout all phases of development and construction,
o Severe weather event erosion control materials and devices shall be stored onsite
for use as needed,
o Other best management practices as determined necessary by the cities.
3.6.2.3 Prior to issuance of grading or building permits, whichever occurs first, the applicant
shall submit for City approval a SWMP. The SWMP shall demonstrate compliance with
the city of Carlsbad SUSMP, Order 2001-01, issued by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Municipal Code.
• Construction within any area the City of Carlsbad identifies as a
100-year flood hazard shall occur only during dry months (May 1
- September 30). The City may waive this restriction if the
applicant satisfactorily demonstrates, as determined by the City,
that construction would not impede or redirect flood flows and
would not expose people or structures to flooding. Such
demonstration shall occur before the City issues grading or other
permits to permit construction in the flood hazard area in the wet
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months and may require the applicant to submit plans and details
regarding the type, location, quantities and duration of construction
equipment and materials as well as any other information that the
City may require.
3.6.3 Supporting Explanation
Significant impacts to water quality will be avoided through implementation of BMPs that will
address erosion/sedimentation, spill prevention, waste management, dust suppression, cleaning
and maintenance measures that will be part of the General Construction Activity Stormwater
Permit. For impacts related to the development of the Desalination Plant in particular, the
Project shall also prepare a SWMP to demonstrate compliance with the City of Carlsbad
SUSMP. Impacts to water quality during construction also will be mitigated to less significant
through implementation of the SWPPP. The SWPPP will describe the site-specific BMPs to
reduce the amount of sediment-laden runoff entering the lagoon and other waterways. Potentially
significant impacts due to construction in a flood hazard area will be mitigated by limiting
construction to dry months only unless the applicant can satisfactorily demonstrate to the City,
before grading or other construction permits are issued, that construction would not impede or
redirect flood flows or expose people or structures to flooding.
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. 4.7-25).
3.7 Land Use and Planning
3.7.1 Potentially Significant Impacts
Off-site Facilities may be constructed within the Palomar Airport Influence Area, particularly the
Runway Protection Zone. While the impact on airport operations will be temporary and
construction-related, construction and construction equipment could potentially present a hazard
to aircraft and airport operations.
3.7.2 Mitigation Measure
The following mitigation measure will reduce potential impacts to land use and planning to a less
than significant level:
3.7.2.1 The applicant shall coordinate with and receive approval from the McClellan-Palomar
Airport Operations Manager before constructing within the Airport Influence Area and
particularly within any Flight Activity Zone and Runway Protection Zone or on airport
property.
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3.7.3 Supporting Explanation
While the impact on airport operations would be temporary and construction-related,
construction and construction equipment could present a hazard to aircraft and airport operations.
Coordination with the McClellan-Palomar Airport operations manager will ensure the necessary
communication between the airport operator and the Project Applicant to avoid potential
conflicts that could result in safety hazards, and ensure that impacts remain below a level of
significance.
3.8 Transportation and Traffic
3.8.1 Potentially Significant Impacts
It is not anticipated that additional traffic resulting from Project construction will represent a
substantial increase in daily traffic on affected roadways, and the increase is not anticipated to
cause Levels of Service on these roadways to fall below acceptable levels, including the
thresholds established in the City of Carlsbad Growth Management Standards (service level C
during off-peak hours or service level D during peak hours). Therefore, it is not anticipated that
project-generated traffic will be inconsistent with the Growth Management Standards related to
traffic. However, to ensure that these standards are met, the applicant shall demonstrate that
construction operations will not cause unacceptable Levels of Service during peak hour periods
on affected roadways and intersections.
3.8.2 Mitigation Measures
The following mitigation measures will reduce potential impacts to transportation and traffic to a
less than significant level:
3.8.2.1 Prior to issuance of grading permits and/or encroachment permits for work within public
rights-of-way, the Applicant shall provide the ultimate location of soil disposal sites to
the appropriate city (if they are different from the disposal site identified in this analysis),
and shall further demonstrate that transport of soil and materials to and from the proposed
sites will not result in Levels of Service during peak hour periods on affected roadways
and intersections falling below acceptable standards established by the affected cities.
3.8.2.2 Prior to improvement plan approval, a traffic control plan will be prepared for approval
by each jurisdiction within which the Project is proposed to be located. The traffic
control plan will show all signage, striping, delineate detours, flagging operations and
any other devices which will be used during construction to guide motorists safely
through the construction zone and allow for adequate access and circulation, to the
satisfaction of the city or agency with applicable jurisdiction. The traffic control plan
will also include provisions for coordinating with local emergency service providers
regarding construction times and locations of lane closures as well as specifications for
bicycle lane safety. The Applicant's construction contractors will coordinate traffic
diversions, street and lane closures, and obstruction of intersections with each
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jurisdiction's engineering department prior to commencing construction activities
through the development of routing and detour plans.
This Traffic Control Plan will be prepared in accordance with each Local Agency's
traffic control guidelines and will be prepared to ensure that access will be maintained to
individual properties and businesses, and that emergency access will not be restricted.
Additionally, the Plan will ensure that congestion and delay of traffic resulting from
Project construction are not substantially increased and will be of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes for through
traffic will be published in a local newspaper periodically throughout the construction
period. In addition, the construction contractor shall provide not less than a 2-week
written notice prior to the start of construction by mailing to owners/occupants along
streets to be impacted during construction.
During construction, the Applicant's contractor will ensure that continuous, unobstructed,
safe and adequate pedestrian and vehicular access to and from public facilities such as
schools, parks, post offices and fire stations. If normal access to these facilities is
blocked by construction for more than four hours in any given workday, alternative
access will be provided. The Applicant's contractor will coordinate with each facility's
administrators in preparing a plan for alternative access.
During construction, the Applicant's contractor will ensure that continuous, unobstructed,
safe and adequate pedestrian and vehicular access remains to commercial/ industrial
establishments during regular business hours. If normal access to business
establishments is blocked by construction for more than four hours in any given workday,
alternative access will be provided. The Applicant's contractor, and possibly the city,
will coordinate with the businesses in preparing a plan for alternative access.
During construction, the Applicant's contractor will maintain continuous vehicular and
pedestrian access to residential driveways from the public street to the private property
line, except where necessary construction precludes such continuous access for
reasonable periods of time. For example, when the pipeline is initially being excavated,
access to individual driveways may be closed during the course of a workday. Access
will be reestablished at the end of the workday. If a driveway needs to be closed or
interfered with as described above, the Applicant's construction contractor shall notify
the owner or occupant of the closure of the driveway at least five working days prior to
the closure.
Methods to maintain safe, vehicular and pedestrian access includes the installation of
temporary bridge or steel plates to cross over unfilled excavations. Whenever sidewalks
or roadways are removed for construction, the contractor will place temporary sidewalks
or roadways promptly after backfilling until the final restoration has been made.
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The traffic control plan will include provisions to ensure that the Applicant's construction
contractor's work in any public street does not interfere unnecessarily with the work of
other agencies such as emergency service providers, mail delivery, school busses and
waste services.
3.8.3 Supporting Explanation
To ensure that localized impacts do not occur as a result of construction traffic, the above
mitigation measures require the Applicant to demonstrate that construction operations will not
cause unacceptable Levels of Service during peak hour periods on affected roadways. These
measures will ensure that, regardless of traffic conditions at the time the construction
commences, or where the ultimate disposal sites for soil may be located, there will not be
substantial additional traffic that will exceed LOS standards on local roadways. The primary
control mechanisms provided through this mitigation are restriction of construction hours, or
redirection or alternate routes for construction traffic if potential problems are identified.
Additional traffic control measures to address lane closures and safety issues are also required so
that traffic flow and safety is maintained.
3.9 Public Utilities and Service Systems
3.9.1 Potentially Significant Impacts
The industrial waste streams generated by the Project include granular media filter or micro-
filtration membrane filter backwash water and spent membrane cleaning solutions. Although the
total suspended solids content of these waste streams would not exceed 500 pounds per day,
these discharges have the potential to increase the total dissolved solids (TDS) content of the
influent to the EWPCF. The increased TDS may have an adverse impact on water recycling
facilities operating in the Encina sewer service area. If membrane pretreatment is used in
operations, then a maximum flow of 198,000 gallons per day (gpd) could occur and the Project
would result in a permanent increase in TDS levels for the water recycling facilities in the Encina
sewer service area. This is a potentially significant impact.
Further, waste discharge flows in excess of an instantaneous maximum of 300 gallons per minute
(gpm) or a daily maximum of 200,000 gpd could cause the City to exceed its capacity rights in
the Vista/Carlsbad Sewer Interceptor or the EWPCF. This is also a potentially significant impact.
3.9.2 Mitigation Measure
The following mitigation measure will reduce potential impacts to public utilities and service
systems to a less than significant level:
3.9.2.1 The combined waste discharge from the desalination facility to the EWPCF shall not
exceed an instantaneous maximum of 300 gpm and a daily maximum of 200,000 gpd.
The combined total suspended solids discharged to the EWPCF shall not exceed 500
pounds per day. Should the Project operations cause the monthly average TDS of the
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effluent at the local water recycling facilities to exceed 1,000 mg/L, or contribute to the
monthly average TDS at the local water recycling facilities exceeding 1,000 mg/L, the
Applicant shall take steps to reduce the TDS increase or reimburse the operators of local
water recycling plants for its proportional share of the cost to reduce the increase in TDS
resulting from Project operations. In addition, the Applicant shall provide the City a
minimum 2 years worth of data that establishes a baseline water quality and TDS levels
of the effluent at the local water recycling facilities prior to commencement of Project
operations. Upon commencement of operations, the applicant shall establish a monitoring
program which regularly reports the TDS contribution of the desalination plant. The City
shall determine monitoring program parameters, including the frequency of monitoring
and duration of the program.
3.9.3 Supporting Explanation
The proposed mitigation provides a performance standard for TDS that must be achieved. This
adequately addresses the issue of unacceptable levels of TDS in the waste stream that may
adversely affect the operation of the EWPCF, and provides a control mechanism that will be in
place throughout the life of the Project. To ensure capacity rights are not exceeded, a mitigation
measure quantifies maximum acceptable daily and instantaneous flows at 200,000 gpd and 300
gpm.
4.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS
The City, acting as the Lead Agency under CEQA, finds that the Final EIR identifies significant
unavoidable impacts in the following environmental categories:
• Cumulative Air Quality
• Indirect Growth Inducement
CEQA Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 provide that the City
shall not approve or carry out a project for which an EIR has been certified which identifies one
or more significant environmental effects of the project unless the City makes one or more of the
following Findings for each significant effect, based on substantial evidence in the record:
(1) Changes or alterations have been required in, or incorporated into, the Project
which avoid or substantially lessen the significant environmental effect;
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding, and such changes
have been, or can and should be, adopted by such other agency; and/or
(3) Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
EIR.
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The City has determined that certain mitigation measures identified in the Final EIR will
substantially lessen the significant impacts identified above in Section 3 of these Findings. Such
mitigation measures have been incorporated into the MMRP, which will be included as a
condition of the City's approval of the Project. However, the City has determined that the
mitigation measures will not or may not reduce the impacts identified above in this Section 4 to a
less than significant level and those impacts therefore remain significant and unavoidable or
potentially significant and unavoidable. The City's Findings relating to the significant
unavoidable impacts and the bases therefor are set forth below, pursuant to CEQA Sections
21081 and 21081.5 and CEQA Guidelines Sections 15091, 15092 and 15093. A Statement of
Overriding Considerations with respect to these impacts is included in Section 8.0 of these
Findings, below.
4.1 Cumulative Air Quality
Because of their long-term nature, emissions from operations of the Desalination Plant (which,
for purposes of this cumulative Air Quality discussion, includes the On-site and Off-site
Facilities) for pollutants for which the San Diego air basin is not in attainment with state and
federal standards are considered cumulatively significant. The San Diego air basin is currently
in non-attainment for PMio and ozone, and NOX and reactive organic compounds (ROC) are
ozone precursors. Long-term operational emissions will largely be caused indirectly through the
Desalination Plant's use of electrical energy, the generation of which causes emissions of
pollutants. Given that the electricity the Desalination Plant uses could come from a variety of
sources (including, for example, geothermal or nuclear plants that emit little or no pollutants) and
could ultimately be generated outside of the San Diego air basin, it is very difficult to quantify
what contribution to a cumulative impact the Project will have. However, it is likely that at least
part of the mix of electricity that the Desalination Plant uses will come from pollutant-emitting
sources located in the San Diego air basin. In that case, the Desalination Plant will contribute to
a significant cumulative impact to air quality regarding PMjo and ozone. Health effects
associated with these pollutants are identified in the Final EIR and are summarized as follows:
Ozone. Ozone is considered a photochemical oxidant, which is a chemical that is formed
when ROC and nitrogen oxides, both byproducts of combustion, react in the presence of
ultraviolet light. Ozone is considered a respiratory irritant and prolonged exposure can
reduce lung function, aggravate asthma, and increase susceptibility to respiratory
infections. Children and those with existing respiratory diseases are at greatest risk from
exposure to ozone. (Final EIR p. 4.2-2).
Fine Paniculate Matter. Particulate matter, or PMio, refers to particulate matter with an
aerodynamic diameter of 10 microns or less. Fine particulate matter, or PM2.5, refers to
particulate matter with an aerodynamic diameter of 2.5 microns or less. Particulate
matter in this size range has been determined to have the potential to lodge in the lungs
and contribute to respiratory problems. PMio and PIVb.s arise from a variety of sources,
including road dust, diesel exhaust, combustion, tire and break wear, construction
operations, and windblown dust. PMio and PMa.s can increase susceptibility to
respiratory infections and can aggravate existing respiratory diseases such as asthma and
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chronic bronchitis. Fine particulate matter (PJVb.s) is considered to have the potential to
lodge deeper in the lungs. (Final EIR p. 4.2-4).
There are no feasible mitigation measures that could be implemented on a project-by-project
basis that would reduce this cumulative impact to below a level of significance. Therefore, no
measures are available to the Project that could feasibly avoid or substantially lessen this effect.
4.2 Growth Inducement
CEQA Guidelines Section 15126.2 (d) requires that an EIR evaluate the growth-inducing
impacts of a project (Final EIR, p. 9-1). This evaluation should address the ways in which the
Project could encourage economic and population growth, or the construction of additional
housing, either directly or indirectly.
Typically, the growth-inducing potential of a project is considered significant if it stimulates
population growth or a population concentration above what is assumed in local and regional
land use plans, or in projections made by regional planning authorities such as the San Diego
Association of Governments (SANDAG). Significant growth impacts could also occur if a
project provides infrastructure or service capacity to accommodate growth levels beyond those
anticipated by local or regional plans and policies. The key issue related to growth inducement
for the Precise Development Plan and Desalination Plant project is whether or to what extent
water supplies provided by the Project would have indirect growth-inducing impacts. Existing
water supply issues within the Project's service area must be considered along with water supply
in the context of other growth-related constraints. Growth-limiting factors in San Diego County
are primarily related to availability of buildable land and adequate infrastructure to support
growth in new areas. Therefore, there is no linear relationship between water availability and
growth.
The Project is being implemented on a local level and represents implementation of a portion of
the water supply component that has been planned at a regional (San Diego County) level. The
CWA wholesales imported water to its member agencies, which in turn deliver the water to
individual homes and businesses throughout the county. The CMWD, the Valley Center
Municipal Water District, the Rincon del Diablo Municipal Water District and the Olivenhain
Municipal Water District, all of which are anticipated to be potential purchasers of desalinated
seawater from the Project, are member agencies of the CWA. Implementation of the Project at a
local level will have the same potential for growth inducement as the CWA's recently adopted
Regional Water Facilities Master Plan (RWFMP), which noted that development of a local
desalinated water supply may foster additional growth indirectly by removing barriers to growth.
The Project contributes to the new supplies identified in the RWFMP and constitutes a portion of
the new water supplies that have been considered and analyzed on a regional level. The Project
is not anticipated to provide additional supplies over and above what is already contemplated for
the San Diego region. Therefore, it is not anticipated that delivery of water from a different
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supplier other than the CWA will have any effect on planned growth within the service area of
the Project.
Further, it is not anticipated that the purchase of water from a different supplier by any of the
affected water agencies would result in any changes to existing land use plans, growth
projections or growth management policies of the local land use authorities within the respective
service areas of the districts. Local water agencies purchase and deliver water to retail
customers, and do not have direct authority over land use, and cannot approve or disapprove any
changes in land use that would directly affect population projections. The agencies with local
land use authority within the Project's service area are the cities of Carlsbad, Oceanside, Vista,
and San Marcos. These communities are nearing or close to build out, and the availability of
developable land is the primary factor in future growth potential. Desalinated seawater is already
considered in regional growth analyses conducted by SANDAG, as contained in its 2004
Regional Comprehensive Plan, and in demand projections by the CWA as contained in its 2003
RWFMP. The Project will not supply water in excess of what is already anticipated to meet
future projected needs.
The Project will not cause significant direct growth-inducing impacts. However, City recognizes
that replacement of imported water supplies with locally produced desalinated water supplies
could have the effect of making the imported water supplies that are displaced by the desalinated
water supplies available for other use. Determination of the specific potential indirect growth-
inducing effects outside of the Project's service area would require speculation that is beyond the
scope of the environmental analysis for the Project. Therefore, City considers the possibility of
indirect regional growth inducement a potentially significant effect and finds that there is no
feasible mitigation for this potential impact.
5.0 FINDINGS REGARDING INFEASIBLE ALTERNATIVES
Because the Project will potentially cause unavoidable, significant environmental effects, as
outlined above, the City must consider the feasibility of alternatives to the Project, as proposed.
The City must evaluate whether one or more of these alternatives could avoid or substantially
lessen the Project's unavoidable significant environmental effects. [Pub. Res. Code § 21002]
In preparing and adopting findings, a lead agency need not necessarily address the feasibility of
both mitigation measures and alternatives when contemplating approval of a project with
significant impacts. Where a significant impact can be mitigated to an acceptable level solely by
the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to
consider the feasibility of environmentally superior alternatives, even if their impacts would be
less severe than those of the project as mitigated. [Laurel Hills Homeowners Association v. City
Council (1978) 83 Cal. App. 3d 515, 521; Kings County Farm Bureau v. City of Hanford (1990)
221 Cal. App. 3d 692, 730-731; Laurel Heights Improvement Association v. Regents of the
University of California (1988) 47 Cal. 3d 376, 400-403.] Accordingly, in adopting findings
concerning Project Alternatives, the City considers only those environmental impacts for the
Project that are significant and cannot be avoided through mitigation. The Final EIR also
provided a comparative analysis of impacts related to other issues for which impacts were
determined to be less than significant for the Project. These Findings discuss alternatives only in
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the context of those impacts that were determined to be significant and not mitigated (cumulative
impacts on air quality and indirect growth inducement outside of the Project service area).
The Final EIR examined a reasonable range of Alternatives to the Project to determine whether
any of these Alternatives could meet the Project's objectives, while avoiding or substantially
lessening its significant, unavoidable impacts. [CEQA Guidelines § 15126.6; Final EIR p.6-1]
Pursuant to CEQA requirements, the City, as the CEQA Lead Agency for the Project, conducted
a comprehensive Alternatives identification and selection process. Four alternatives were
determined to have the potential to meet most of the Project objectives, reduce impacts when
compared to the Project, and/or be potentially feasible. The four alternatives examined were:
• Alternative 1: No Project/No Development Alternative
• Alternative 2: Alternative Site Alternative
• Alternative 3: Modified Intake Design Alternative
• Alternative 4: Reduced Project Capacity alternative
These Findings examine these Alternatives to the extent they lessen or avoid the Project's
significant environmental effects. The City need not consider the Alternatives with respect to the
Project's environmental impacts that are insignificant or avoided through mitigation.
The Carlsbad City Council hereby makes the following findings regarding the feasibility of
Project alternatives.
5.1 "No Project/No Development" Alternative
5.1.1 Description
Under this alternative, the Project would not be adopted by the City of Carlsbad. Existing
conditions on the site and existing operations within the PDP area would continue - Fuel oil tank
#3 would remain and the EPS would continue to operate in its current condition. Regional
planning for a desalination plant would likely continue under the No Project/No Development
Alternative.
The "No Project/No Development" Alternative is not feasible because it fails to meet Project
objectives related to providing a local source of potable water supply to supplement imported
water supplies, improving water supply reliability, or improving water quality for the City of
Carlsbad.
5.1.2 Supporting Explanation
The No Project/No Development Alternative would consist of continued use of the existing EPS
with no change to existing operations within the PDP. No cumulative impacts to air quality, or
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indirect growth inducement would occur with the No Project Alternative, however, this
alternative does not meet any of the City's objectives for the Project.
5.2 Alternative Site Alternative
5.2.1 Description
Based on siting limitations relative to proximity of existing intake and outfall structures, feasible
alternative locations for the Project are limited. However, an alternative project location was
identified on land associated with the Encina Water Pollution Control Facility (EWPCF). The
EWPCF is a wastewater treatment facility owned by the six member agencies of the Encina
Wastewater Authority. The alternative site is located within a 37-acre parcel immediately south
of the EWPCF facility. The Alternative Site Alternative would utilize the existing EWPCF
treated wastewater ocean outfall. However, because of size limitations of the EWPCF outfall
pipeline, the maximum product water capacity of the desalination plant would be 10 mgd.
Source water for the plant would be piped from the EPS cooling water discharge, or
alternatively, a new intake structure would be constructed offshore of the EWPCF. Additionally,
this alternative also considers the option of a separate outfall structure which would not provide
"in-pipe" dilution.
The Alternative Site Alternative would not alleviate any significant unavoidable impacts
associated with the Project that can be achieved with the required Project mitigation measures.
In addition, this alternative would not provide the capacity of water supply to meet anticipated
demand for the local area. Additional or expanded facilities would be required in other locations
to meet projected regional supply goals. Therefore, the alternative would not effectively satisfy
most of the basic objectives of the Project.
5.2.2 Supporting Explanation
The City considered the Alternative Site Alternative as a means of reducing potential impacts
associated with the EPS site. However, this Alternative does not provide substantial
environmental benefits in terms of impact reductions for air quality or growth inducement, and
therefore does not provide a comparative environmental advantage over the Project.
The reduced capacity of the Alternative would result in reduced air emissions, associated with
construction and operation, but even with the reduction, would not fully mitigate the cumulative
significant air quality impacts identified for the Project. Because the facility would have the
capacity to produce only 10 mgd of product water, the size of the facility and related
construction emissions would be reduced, as would pumping and other operational requirements.
The alternative would not provide the capacity of water supply to meet anticipated demand for
the local area, and would not effectively satisfy most of the basic objectives of the Project.
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5.3 Modified Intake Design Alternative
5.3.1 Description
In developing the design for the Project, a number of alternatives for source water intake were
examined to determine the feasibility of options in place of the proposed co-location of intake
with the EPS cooling water discharge. The purpose of examining these alternatives was to avoid
impacts associated with impingement/entrainment related to an open water intake system.
The Modified Intake Design Alternative meets some of the Project objectives but does not
provide for superior impact reduction over the Project, and may result in additional adverse
impacts to visual and recreational resources.
5.3.2 Supporting Explanation
One of the modified intake designs includes the use of vertical intake wells that consist of water
collection systems that are drilled vertically into a source water aquifer. The approximate yield
from a vertical well would be approximately 1 mgd; therefore the Project would require 100
vertical wells to produce the volume of source water necessary to produce 50 mgd of product
water. Siting, construction and operation of 100 wells would not be practical and could result in
potentially significant impacts depending on the locations of the wells. Therefore, this design
alternative is infeasible.
Horizontal intake wells were considered as another design alternative. Such wells comprise a
caisson that extends below the ground surface with laterals extending horizontally in multiple
directions into the surrounding aquifer. Use of such wells for the Project would require location
of the wells along the beach to access ocean water. These wells have an output capacity of
approximately 5 mgd. The caissons would house the pump mechanism, and would be
approximately 10 to 15 feet high by 15 to 30 feet in diameter concrete structures. Approximately
25 of the wells would be required, spaced a minimum of 400 feet apart (lateral length would be
approximately 200 feet). Siting of 25 beach wells along 4 miles of the Carlsbad beaches would
likely result in significant unmitigable impacts to visual resources and recreation. In addition,
temporary impacts to biological resources would also likely be significant. Therefore, this design
alternative is not feasible.
Infiltration galleries consist of a trench that is excavated and filled with filtration media, similar
to filter media used in water treatment operations. An infiltration gallery 4 feet wide and 500
feet long would have a capacity of up to 2.5 mgd. For the Project, the infiltration gallery would
need to be sited along the beach to access seawater. The estimated depth for each well would be
approximately 30 feet, over an approximately 4-mile stretch of beach, requiring the removal and
disposal of extensive quantities of earth material and resulting in potentially significant
temporary impacts to biological resources. Because of these potentially significant construction-
related impacts, this design alternative is not being considered.
Since the Project does not result in substantial losses of marine organisms due to entrainment,
and because of the infeasibility and/or significant temporary and permanent impacts resulting
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from the design alternatives that are available, the co-located EPS intake is the best means of
obtaining source water for the Project.
5.4 Reduced Project Capacity Alternative
5.4.1 Description
The Reduced Project Capacity Alternative consists of a desalination facility with a maximum
product water output of 25 mgd, or half that of the Project. This alternative would meet the
minimum requirements for the first phase of water delivery identified in the Water Purchase
Agreement between the City of Carlsbad and Poseidon. This alternative is considered to be the
Environmentally Superior Alternative.
The Reduced Project Capacity Alternative would not effectively satisfy the Project objectives
and would likely require additional similar facilities to be constructed in order to meet regional
water supply needs.
5.4.2 Supporting Explanation
The Reduced Project Capacity Alternative would not provide sufficient production capacity to
meet planned water supplies for seawater desalination as a component of regional water supplies
and additional regional desalination supply alternatives would likely need to be explored to
satisfy regional objectives for local water supply reliability. No significant unavoidable adverse
impacts have been identified for the Project, with the exception of cumulative air quality and
indirect growth inducing impacts, which cannot be mitigated to less than significant levels by
this alternative. Therefore, the Reduced Capacity Alternative would not provide mitigation or
avoidance of impacts that cannot be otherwise mitigated.
The Reduced Capacity Alternative would result in reduced air emissions, both associated with
construction and operation, because the size of the facility and related construction emissions
would be reduced, as would pumping and other operational requirements. However, the
alternative would not substantially reduce or eliminate the significant cumulative impact to air
quality identified for the Project.
Therefore although the Final EIR identifies Alternative 4 as the "Environmentally Superior
Alternative," it does not offer substantial benefits in terms of impact reduction, when compared
to the effects of the Project with application of the required mitigation measures.
6.0 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE
ENVIRONMENTAL CHANGES
The Project will require commitment of nonrenewable resources associated with construction
and long-term operation, including but not limited to, lumber and other related forest products,
sand, gravel and concrete, asphalt, petrochemical construction materials, steel, copper, lead and
other metals, water, fuels and energy. Use of these resources will have an incremental effect on
the regional consumption of these commodities.
CEQA Findings of Fact 59 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Construction and operation of the Desalination Plant and On-site and Off-site facilities will also
involve consumption of energy resources, such as electricity and natural gas, derived from non-
renewable sources such as fossil fuels. However, the Project will not result in the degradation or
destruction of important or sensitive natural resources.
7.0 FINDINGS REGARDING THE MITIGATION MONITORING AND
REPORTING PROGRAM
The City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to
this Resolution as Exhibit B. 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. The Mitigation Monitoring and Reporting
Program will be adopted as part of the conditions of approval for the Project, pursuant to CEQA
Section 21081.6 and CEQA Guidelines Section 15097.
8.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15092, 15093 and 15043, decision-makers are required to
balance the economic, legal, social, technological and other benefits of a project against its
unavoidable environmental risks in determining whether to approve the project. If the benefits
of the project outweigh the unavoidable adverse effects, the adverse environmental effects may
be considered "acceptable." When a public agency approves a project which will result in
significant effects which are identified in the Final EIR but are not avoided or substantially
lessened, the CEQA Guidelines require that the agency state in writing the specific reasons to
support its action based on the Final EIR and other information in the record.
To the extent that any significant environmental effects associated with the Project are not
avoided or substantially lessened, the City, acting as the CEQA Lead Agency for the Project,
having reviewed and considered the information in the Record, and having balanced the benefits
of the Project against the unavoidable adverse effects which remain, finds such unmitigated
effects to be acceptable, based upon the considerations set forth below. This statement of
overriding considerations shall be included in the record of Project approval and shall be
mentioned in the Notice of Determination for the Project.
8.1 Significant Unavoidable Adverse Impacts
The Final EIR identified two environmental impacts resulting from the Project which will be
significant and unavoidable. These are: (1) Cumulative Impacts on Air Quality and (2) Indirect
Growth Inducement.
8.1.1 Cumulative Impacts to Air Quality
The San Diego air basin is currently not in attainment with state and federal standards for PM10
and ozone. The Desalination Plant will be powered by electrical energy, at least some of which
is likely to come from pollutant emitting sources in the San Diego air basin. Accordingly, the
CEQA Findings of Fact 60 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
Project will contribute to a significant cumulative impact to air quality with respect to PM10 and
ozone as well as nitrogen oxide (NOX) and reactive organic compounds (ROC), both of which are
ozone precursors (Final EIR, p. 5-9) and there are no feasible mitigation measures that would
reduce this cumulative impact to below a level of significance (FEIR, p. 5-9).
8.1.2 Indirect Growth Inducement
Although the Project will not cause significant growth-inducing impacts locally, replacement of
imported water supplies with a locally produced desalinated water supply could make the
displaced imported water supplies available for other use.
The City finds that the possibility of indirectly inducing growth in areas outside the area served
by the Project has a potentially significant effect and finds that there is no feasible mitigation for
this possible impact.
8.2 Overriding Considerations
Based on the Final EIR and other information in the Record, the City has determined that the
Project may result in significant environmental impacts in the following environmental resources
areas: (1) Cumulative Impacts on Air Quality and (2) Indirect Growth Inducement. The City
has further determined that there are no feasible mitigation measures that would reduce these
impacts to less than significant levels. Therefore, the Project will still result or potentially will
result in significant unmitigated environmental impacts.
The City, acting as the Lead Agency for the Project under CEQA, having reviewed and
considered the information contained in the Final EIR and the Record, finds as follows:
(1) All feasible mitigation measures have been imposed to reduce Project impacts.
(2) The Alternatives to the Project are infeasible because (a) they fail to provide the
benefits provided by the Project, (b) they fail to satisfy the "Primary Objectives"
of the Project (as discussed below), or (c) they are otherwise socially or
economically infeasible as fully described in the CEQA Findings to which this
Statement of Overriding Considerations is attached.
(3) The Project will provide a local source of desalinated water for the City and for
other water purveyors in San Diego County. This will supplement imported water
supplies currently available to the City, improve water supply reliability and water
quality for the City and other purchasers of the product water and will
complement the City's water conservation and water recycling programs. The
project will also increase public access to the coastal area.
(4) Although certain significant adverse impacts have been identified pursuant to the
environmental analysis under CEQA, specifically Cumulative Impacts to Air
Quality and Indirect Growth Inducement, the City recognizes and finds that the
overall benefits of the Project far outweigh these impacts.
CEQA Findings of Fact 61 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
(5) The Project benefits, discussed below, which the City considers to be overriding
considerations with respect to the identified adverse impacts include the City's
ability to replace a significant portion of its existing water supply, which is
heavily dependent upon imported water, with a local, reliable source.
8.2.1 Project Benefits
Implementation of the Project will meet all of the project purposes and objectives:
The fundamental purposes of the Project include the following:
• To provide the primary land use approval mechanism and detailed exhibits for the City's
review and approval of the proposed 50 mgd Carlsbad Seawater Desalination Facility to
be located adjacent to the EPS.
• To establish a baseline for identifying existing facilities and operations on site for the
purpose of increasing knowledge and understanding about EPS operations and onsite
facilities.
• To establish a procedure for administrative approvals that will enable the City to issue
administrative permits, building permits and other ministerial permits, establish
amendment procedures for the PDP, and entitlements for property owned by Cabrillo
zoned P-U.
• To provide development standards for the EPS.
The specific objectives related to the Desalination Plant include:
• To provide a local source of potable water to supplement imported water supplies
available to the City of Carlsbad and the San Diego region.
• To improve water supply reliability for the City of Carlsbad and the San Diego region.
• To improve water quality for the City of Carlsbad and the surrounding communities.
• To complement local and regional water conservation, and water recycling programs.
• To locate and design a desalination plant in a manner that maximizes efficiency for
construction and operation and minimizes environmental effects.
• To increase opportunities for public access to the coastal area through public
enhancements and dedications of coastal property.
CEQA Findings of Fact 62 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDP and Desalination Plant
Findings of Fact
8.2.1.1 Security of Water Supply:
The need for a diverse water portfolio was illustrated by the early 1990's drought, when the
CWA reduced water supplies to its member agencies, including Carlsbad, by 30% and was
considering 50% reductions. According to the CWA Regional Water Facilities Master Plan
(RWFMP), the CWA currently imports nearly 600,000 AFY from the MWD, but is only legally
entitled to approximately 300,000 AFY. This makes the region's imported water supply highly
vulnerable to water shortages and supply disruptions. The Colorado River is a major source of
water supply for California, Nevada and Arizona. California has traditionally used more than its
allocated 4.4 MAF per year because Arizona and Nevada did not use their full allocations.
Arizona and Nevada's increasing water needs have led to demands that California reduce its
usage to its 4.4 MAF allocation. Potential threats to future deliveries of water from the
Sacramento-San Joaquin Bay-Delta, such as a severe decline in fish populations, levee instability
and a series of adverse court rulings, may also lead to reductions in the amount of water that can
be delivered from Northern to Southern California through the State Water Project.
The Project will allow the CMWD to purchase 100% of its potable water supply needs from the
desalination plant, thus providing a secure, local water supply that is not subject to the variations
of drought or political and legal constraints on water supplies. (Appendix B to FEIR, Sections
1.2 and 10.1)
The Project will provide water supply redundancy for the City, strengthening security and
reliability of water supply for residents and businesses. The CMWD will maintain its
membership in and right to purchase water at the CWA, while receiving 100% of its potable
water supply needs from the Project, thereby creating a redundant supply of water available in
the event of catastrophe or unforeseen circumstances (Appendix B to FEIR, Section 13). The
Project will add approximately 21,000 AFY dedicated to CMWD, thus replacing its current
supply and increasing the reliability of CMWD's water supply.
8.2.1.2 Reliability:
The Project will provide a reliable water supply for 30 years with two possible 30-year
extensions. (Appendix B to FEIR, Section 2.) The City is protected from shortfalls in delivery
under the terms of the Water Purchase Agreement. (Appendix B to FEIR, Sections 9 and 14.)
8.2.1.3 Improved Water Quality:
The Project will provide high quality drinking water that will compare favorably with the water
supply that can be purchased from the CWA. The project will deliver a drinking water supply to
the City that meets all State and Federal health standards, as well as provide a reduction in the
TDS compared to imported water from the Colorado River and Sacramento-San Joaquin Delta
provided by the CWA. The desalinated water TDS will be monitored on a weekly basis and
shall not exceed 350 mg/L in more half the samples taken. Additionally, 90% of the samples
shall be less than 400 mg/L. The City is not obligated to accept or pay for water that does not
meet the quality standards (Appendix B to FEIR, Section 8 and Schedule 8.2.). Imported water
CEQA Findings of Fact 63 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
has a IDS of 466-574 mg/L (Metropolitan Water District 2005 Water Quality Report for the
Skinner Filtration Plant).
8.2.1.4 Economic Benefits:
The Project will provide City with desalinated water at a predictable and reasonable price
through the long-term Water Purchase Agreement, which sets agreed-upon water rates.
(Appendix B to FEIR, Section 3.)
The Project will generate up to $2.4 million per year in increased property tax revenue. Because
the Project site is located within the South Carlsbad Redevelopment Project, an estimated $2.0
million per year of the tax revenue will be allocated directly to the Redevelopment Agency.
(Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28,2004, regarding adoption of
Resolution 1226, approving the Water Purchase Agreement) The Project will also generate up to
$2.9 million per year in increased business tax revenue.
8.2.1.5 Public Access and Coastal Act Consistency:
The Project will advance the goals of the South Carlsbad Coastal Redevelopment Plan and the
California Coastal Act to develop new beach and coastal recreational opportunities. The Project
is consistent with and includes elements specifically intended to advance the goals of the State of
California and the City related to the protection, maintenance, and enhancement of the overall
quality of the coastal zone environment, while maximizing public recreational opportunities
along the coast. The Project will achieve the South Carlsbad Coastal Redevelopment Plan goals
to enhance commercial and recreational functions and increase parking and open space amenities
in the Project area.
The Project will dedicate several acres of ocean and lagoon front property to the public to
enhance public recreation, open space, provide opportunities for the City to develop future public
parking, and provide area for additional marine research and aquaculture. Further, a condition of
approval will also enhance recreation through the dedication of an easement for the Coastal Rail
Trail. The Project includes public dedication or deed restriction of ocean and lagoon front
property including:
• Fishing Beach - An easement for this site, along the shore of Agua Hedionda Lagoon and
next to Carlsbad Boulevard, would be dedicated for public recreational and coastal access
use, including public parking.
• Bluff Area - The Bluff Area, located on the west side of Carlsbad Boulevard and
opposite the Power Station, is proposed to be dedicated in fee title to the City for
recreational and coastal access uses.
• Hubbs Site - The Hubbs Site, along the lagoon north shore, consists of the land between
the existing Hubbs Seaworld Research Institute and the railroad tracks. The site is
proposed to be deed restricted to uses such as a fish hatchery, aquatic research, and trails.
CEQA Findings of Fact 64 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
Findings of Fact
• South Power Plant Public Parking Area - An easement for this site, along the east side of
Carlsbad Boulevard and near the south entrance to the power plant, would be dedicated
for public parking.
These areas are currently being surveyed to determine precise acreages for each of the areas, as
shown in the PDF.
8.2.1.6 Positive Economic Impact on Ability to Attract and Retain Business:
The Project will create a drought-resistant, reliable water supply for the City of Carlsbad that will
provide the stability necessary to attract and retain high-tech and biotechnology businesses which
are dependent on a reliable water supply for their research and manufacturing processes. These
businesses provide high skill, high wage jobs in the City of Carlsbad that enhance the overall
economy of the community.
The Project will provide an extraordinary benefit to the residents and businesses of the City by
generating approximately $2.4 million per year in property tax revenue, 85% of which will
remain in the City to support schools, municipal services, and the Redevelopment Agency
(Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28,2004, regarding adoption of
Resolution 1226, approving the Water Purchase Agreement). Among other things, this revenue
can be used to support the proposed public improvements identified in Exhibit C of the
Redevelopment Plan. Additionally, the Project will generate substantial tax revenues that will go
to the general funds of Carlsbad and other San Diego County cities to support police, fire, health,
welfare and transportation. Good public services help to attract high quality businesses.
The City finds that the foregoing benefits provided to the public through the approval and
implementation of the Project outweigh the identified significant adverse environmental impacts
of the Project that cannot be mitigated. The City finds that the Project benefits outweigh the
unavoidable adverse environmental effects identified in the Final EIR and therefore finds those
impacts to be acceptable.
CEQA Findings of Fact 65 May 3, 2006
and Statement of Overriding Considerations
EIR 03-05 - PDF and Desalination Plant
EXHIBIT "EIR-B"
CITY OF CARLSBAD
RESOLUTION NO.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
MITIGATION MONITORING AND REPORTING
PROGRAM
for the
FINAL ENVIRONMENTAL IMPACT REPORT
(EIR 03-05) (SCH No. 2004041081)
PRECISE DEVELOPMENT PLAN AND DESALINATION
PLANT PROJECT
EXHIBIT B: MITIGATION, MONITORING, AND REPORTING PROGRAM
The following environmental mitigation measures for this project were incorporated into the Conditions of Approval in order to
mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each measure indicates
that this measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly
Bill 3180 (Public Resources Code Section 21081.6). The City recognizes that it does not have authority to mitigate impacts in other
jurisdictions; other jurisdictions will be required to adopt the applicable mitigation measures herein and/or adopt other mitigation
measures as necessary to mitigate identified environmental impacts to a level of insignificance.
SUMMARY OF MITIGATION MEASURES
"•"'*-,• . ' - ;' "'-'"' ,*" '"' "' ' ' '.''"-,-' ';j
.> . -SjiraSMiOII MEASURE" '; ^
Aesthetics
AES-1: Replacement planting for trees that are removed along the railroad corridor shall
be provided to screen views from the rail line towards the facility. Tree or other
plant species, quantity, and size shall be in keeping with the adopted City of
Carlsbad Scenic Corridor Guidelines, City Landscape Manual, and the
vegetative character of the Agua Hedionda Lagoon to the extent that the species
are compatible with existing vegetation. Planting shall be sufficient to provide
screening when mature. Verification of the adequacy of the proposed plantings
will occur through City review and approval of the project's landscape plan. The
project landscape plan shall also be sent to the North County Transit District for
review and comment to ensure that replacement planting poses no potential rail
hazards.
AES-2: Desalination Plan exterior mechanical equipment and facilities, including tanks,
heating, air conditioning, refrigeration equipment, plumbing lines, duct work and
transformers, shall be screened from view on all sides visible to the public. The
design and material used for screening shall be architecturally compatible with the
building.
AES-3: To the extent practical, the existing mature landscape on the slope facing
Carlsbad Boulevard adjacent to the desalination plant site shall remain in place
and be protected from construction impacts through the use of fencing and
signage. Replacement planting for trees and shrubs that are removed along the
jK. ••-, • -iyfjT' •*''.• '*"• -' • - ••'
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.*>'. '; '..PARTY; ",;C;f'-;
City of Carlsbad Planning
Department; North County
Transit District
Construction Contractor, City of
Carlsbad Planning Department
and Building Department
Construction Contractor, City
of Carlsbad Planning
Department
' • " THfihMSYU:' ' •'•* r. • Itmll'IVJWP , 7-,£;
;-, CCiMRLWI^i : ;
Prior to issuance of
grading or building
permits, whichever
occurs first
Prior to issuance of
grading or building
permits, whichever
occurs first; prior to City
approval of plant
occupancy
Prior to issuance of
grading or building
permits, whichever
occurs first
• -;fl*p,0i;^gts^^te:
5 '•tJttlW'A'nHnnrli1^^P-fifflllli
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
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slope facing Carlsbad Blvd. shall be provided to screen views from Carlsbad Blvd.
towards the facility. Tree or other plant species, quantity, and size shall be in
keeping with the adopted City of Carlsbad Scenic Corridor Guidelines, City
Landscape Manual, the vegetative character of the Agua Hedionda Lagoon area
and shall be sufficient to provide screening from the ground up when mature.
Verification of the adequacy of the proposed plantings will occur through City
review and approval of the project's landscape plan.
AES-4: Construction staging areas within the POP area shall be screened from public
view or located in an area away from direct public view. Plans showing the staging
area locations and screening shall be submitted to the City Planning Director or
his/her designee for review and approval.
AES-5: Exterior lighting for the desalination facilities shall serve the purpose of
operations, security and safety only. The applicant shall submit for approval a
lighting plan for the proposed facilities prior to building permit issuance. The
lighting plan shall demonstrate that project lighting is shielded from surrounding
areas, and that only the minimum amount of lighting required for safety purposes
is provided to avoid adverse effects on surrounding areas. In general, lighting
fixtures shall be shielded downward and away from the adjacent Agua Hedionda
Lagoon and adjacent properties. Construction of the desalination plant and
related facilities and improvements shall be in conformance with the approved
plan.
AES-6 Building elevations, including those visible from the NCTD railroad, shall
substantially conform to plans approved for the desalination plant pursuant to
POP 0002.
Biological Resources
BIO-1: Proposed mitigation for temporary impacts to sensitive habitats shall be based
on the ratios listed below in Table 4.3-9. With the exception of temporary
impacts on habitats designated as Groups E and F by the HMP (i.e., disturbed
lands, eucalyptus and agricultural lands) mitigation shall consist of, at a
minimum, 1:1 revegetation of in-kind habitats at the location of impact, and, for
fcCe,,,'- ... > .;,. £•. ,..'",§rn •• -.-_,.-•. ;f.;j?§}
>'-i ; >;- • * . .oiewv ^ * .-vsfeSa?S$lSfv -.PARiT- -f ^Mi-:
Construction Contractor, City of
Carlsbad Planning Department
City of Carlsbad Planning
Department
City of Carlsbad Planning
Department, Construction
Contractor
Cities of Carlsbad, Oceanside;
California Department of Fish
and Game; United States Fish
and Wildlife Service; and United
States Army Corps of
Engineers, as applicable
fv'jLf.'- /- v'-SsiJ
1 ,- . -^CtMIPUAJIvE.'.^ *
Prior to issuance of
grading or building
permits, whichever
occurs first
Prior to issuance of
Duilding permits; prior to
City approval of plant
occupancy
Prior to issuance of
grading or building
permits, whichever
occurs first; prior to City
approval of plant
occupancy
Prior to approval of
improvement plans
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
, • . , • ';%,;
;-•..-. ' ' , - '"'•-'»
*"'•* :IHTI6ATK)N MEASURE 5
the portion of ratios greater than 1:1, off-site purchase or acquisition as
described in mitigation measure 4.3-2. Temporary impacts on non-native
habitats designated as Groups E and F by the HMP are expected to recover on
their own and therefore are not included in revegetation efforts; however,
impacts to these habitat groups are subject to payment of a fee pursuant to the
Habitat Management Plan Mitigation Fee Program. Mitigation acreages for
disturbed and undisturbed habitats have been added together. It should be
noted that acreage figures are based on estimated "worst case" impacts. Actual
impacts may be less and would be subject to the same mitigation ratios, but the
mitigation acreages could change as a result.
Impacts (acres) Mitigation Mjtjgation (acres) @ ratioKatio
In Outside Total In Coastal Outside Total
Coastal Coastal Zone Coastal
Habitat Type Zone Zone Zone
Coastal Sage
Scrub
Coyote Bush
Scrub
Herbaceous
Wetland
Open Channel
Southern
Willow Scrub
Annual (non-
native)
grassland
Agriculture/
disturbed/
ruderal
0.90
0.00
0.00
0.00
0.00
0.68
3.12
3.6
0.03
0.06
0.07
0.44
3.71
4.53
4.5
0.03
0.06
0.07
0.44
4.39
7.65
2:1
2:1
3:1
1:1
3:1
Fee
Fee
1.80
0.00
0.00
0.00
0.00
0.00
0.00
7.20
0.06
0.18
0.07
1.32
0.00
0.00
9.00
0.06
0.18
0.07
1.32
0.00
0.00
Sensitive vegetation communities shall be restored to the pre-existing vegetation
type. Restoration of wetlands shall be described 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-
IP
Bn
vC:'^^l^s'^«fe? '-
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
MITIGATION MEASURE
MONITORING
PARTY r itr
monitoring, and long-term preservation. Restoration of uplands shall be
discussed in an Uplands 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.
These measures will reduce significant direct effects identified in Section 4.3-4
to a level less than significant
BIO -2: Mitigation ratios identified in Mitigation Measure BIO-1, above, that require more
than 1:1 mitigation (e.g., 2:1) shall satisfy the mitigation that is in addition to the
1:1 in one or both of the following ways and in a manner acceptable to local,
state, and federal agencies:
• Through purchase of mitigation bank credits
• Through acquisition and preservation of suitable habitat in the vicinity of
the project
Cities of Carlsbad and
Oceanside;California
Department of Fish and Game;
United States Fish and Wildlife
Service; and United States
Army Corps of Engineers, as
applicable
Prior to approval of
improvement plans
BIO-3: Indirect impacts including dust, soil erosion, pollution, siltation, and runoff shall be
reduced through implementation of construction best management practices
(BMPs) and implementation of an approved SWPPP. At a minimum,
implementation of these practices shall include the following.
• 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 areas of exposed soil
to help reduce sedimentation during grading operations.
• Placement of a silt curtain or other drainage control device around
construction areas shall be required to protect natural drainage channels from
sedimentation.
• Any dewatering that is needed shall be 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 (existing developed
areas) for all equipment and vehicle refueling and maintenance.
• Implementation of dust control measures such as watering.
• Temporary fencing of the limits of the construction area with clearly visible
orange construction fencing.
Project Biologist; cities of
Carlsbad, Oceanside, and
Vista; and Regional Water
Quality Control Board, as
applicable
Prior to approval of
improvement plans and
issuance of permit by
RWQCB; during
construction
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
MITIGATION MEASURE
• Temporary fencing of the Nuttall's scrub oak population located adjacent to
the work area and northeast of the intersection of El Camino Real and
Palomar Airport Road to avoid impacts.
In order to assure that these measures are adequately protecting adjacent
biological resources, construction activity shall be monitored by a qualified
biologist familiar with the sensitive flora and fauna of the area. Biological
monitoring shall be of a frequency and duration necessary to reasonably assure
that indirect impacts are minimized. This shall include implementation of a
contractor education program, verification of proper construction and
maintenance of 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. These measures shall ensure that indirect impacts on vegetation
communities, including dust, erosion, sedimentation, pollution, siltation, and
runoff are reduced to level below significant.
BIO-4: The potential for direct impacts on 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 14).
Project Biologist; cities of
Carlsbad and Oceanside, as
applicable
Prior to approval of
improvement plans;,
BIO-5: The potential short-term increase in noise related to construction shall be
mitigated through avoidance of construction during the gnatcatcher breeding
season or maintenance of noise levels below 60 dBA Leq at occupied nest
locations if construction takes place during the breeding season (i.e., February
15 through August 15). 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.
Project Biologist; Project
Acoustician; cities of Carlsbad,
Oceanside, and Vista, as
applicable
Prior to approval of
improvement plans;,
during construction
BIO-6: To avoid potential adverse effects from hydro-fracturing that could occur as a
result of horizontal directional drilling or micro-tunneling, the applicant shall
provide evidence to the local jurisdiction that demonstrates that the design of the
drilling operation provides sufficient horizontal distance and depth from sensitive
habitat areas. Information provided shall provide appropriate engineering
calculations to demonstrate to the local jurisdiction's satisfaction that surface
rupture will not occur within sensitive habitat areas.
Cities of Carlsbad, Oceanside,
and Vista, as applicable
Prior to approval of
improvement plans
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
;:^f;;o : : •.'; , ' ;" \ ,:•_„, "."•
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BIO-7: The operator of the desalination plant shall continuously monitor the
desalination plant and EPS discharge flow rates and salinity levels. The
operator of the desalination plant shall on at least a semi-annual frequency
monitor and conduct testing to measure and evaluate the combined
EPS/desalination plant discharge for compliance with Ocean Plan acute and
chronic toxicity requirements. The operator of the desalination plant shall
maintain records of the monitoring results to ensure compliance with Ocean
Plan criteria and EPA guidelines. All semi-annual monitoring and testing
required by this mitigation measure shall be summarized in a report and
submitted to the RWQCB within 45 days of completion, and any noncompliance
with Ocean Plan acute and chronic toxicity requirements shall be reported to the
RWQCB. Such monitoring results shall be available for inspection by the City of
Carlsbad and the RWQCB. Should the RWQCB adopt a permit requirement that
is intended to provide equal or greater protection to the marine environment, the
Planning Director is authorized to amend this mitigation measure to conform to
the RWQCB order.
Cultural Resources
CULT-1: Where project construction will impact cultural resources that have been
determined to be significant, mitigation shall include either avoidance, or if
avoidance is not feasible, then a data recovery program shall be completed to
recover a large enough sample of cultural material so that information of
importance in addressing regional research questions will not be irretrievably lost.
The data recovery program shall be developed by a qualified archaeologist and
approved by the City of Carlsbad.
CULT-2: In cases where the precise alignment of the pipeline is not available, and therefore
the potential to affect cultural resources cannot be specifically determined, the
applicant shall be required to retain a qualified archaeological monitor during
construction so that buried cultural resources can be identified in the field. The
archaeological monitor shall meet the minimum qualifications as required by the
City of Carlsbad. If significant resources are identified within the areas that could
be affected by construction, the resources shall be tested (pursuant to the
mitigation measure CULT-1, above) to determine significance with appropriate
UK/ ''''*.-.* ^'g
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City of Carlsbad Engineering
Department; Regional Water
Quality Control Board
(RWQCB); and Applicant
City of Carlsbad; Project
Archeologist
Cities of Carlsbad, Oceanside,
and Vista; Project Archeologist;
Project Construction Contractor
or Manager
S^'?^ "'/'•
|^;JiirHG<^-'.i^>*.cdiitPUAHCii> ,
During operations
throughout project life
or as amended by
RWQCB
Prior to approval of
improvement plans;
during construction;
within three months
following the
completion of
archaeological
monitoring
As applicable: Prior to
approval of
improvement plans; at
preconstruction
meeting; during
construction; within
three months following
the completion of
••<; COIIPUANdlJi
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
t^1te> X '•
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MITIGATION MEASURE
mitigation measures employed as necessary.
Monitoring Program Requirements
The evaluation and monitoring program will be used for cultural resources within
the project study area that are located within developed areas where surface
evaluation is precluded and specific mitigation cannot be determined at this time.
For these sites, a monitoring program is required if construction is to occur within
or adjacent to the cultural resource site. Components of such a monitoring
program would include, but not be limited to the following:
Prior to Preconstruction (Precon) Meeting
Planning Department (PD) Plan Check. Prior to the first Precon Meeting, the
Planning Director of the appropriate jurisdiction or his/her designee shall verify
that the requirements for Archaeological Monitoring and Native American
monitoring, if applicable, have been noted on the appropriate construction
documents.
Submit Letter of Qualification to Planning Director: Prior to the first Precon
Meeting, the applicant shall provide a letter of verification to the Planning Director
or his/her designee stating that a qualified Archaeologist has been retained to
implement the monitoring program.
Records Search Prior to Precon Meeting: At least thirty days prior to the Precon
Meeting the qualified Archaeologist shall verify that a records search has been
completed and updated as necessary and be prepared to introduce any pertinent
information concerning expectations and probabilities of discovery during trenching
and/or grading activities. Verification includes, but is not limited to, a copy of a
confirmation letter from South Coast Information Center or, if the search was in-
house, a letter of verification from the Archaeologist stating that the search was
completed.
Precon Meeting
Monitor Shall Attend Precon Meetings: Prior to beginning any work that
archaeological
monitoring
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
requires monitoring, the Applicant shall arrange a Precon Meeting that shall
include the Archaeologist, Construction Manager and/or Grading Contractor and
Planning Director or his/her designee. The qualified Archaeologist shall attend any
grading related Precon Meetings to make comments and/or suggestions
concerning the Archaeological Monitoring program with the Construction Manager
and/or Grading Contractor.
Identify Areas to be Monitored: At the Precon Meeting, the Archaeologist shall
submit to the Planning Director or his/her designee a copy of the site/grading plan
(reduced to 11x17) that identifies areas to be monitored as well as areas that may
require delineation of grading limits.
During Construction
Monitor Shall be Present During Grading/Excavation: The qualified
Archaeologist shall be present full-time during grading/excavation native soils
within or adjacent to a cultural site and shall document activity via the Consultant
Monitor Record. This record shall be sent to the Planning Director or his/her
designee, as appropriate, each month.
Monitoring of Trenches Will Include Mainline, Laterals, and all
Appurtenances: Monitoring of trenches is required for the mainline, laterals,
services and all other appurtenances that impact native soils within or adjacent to
a cultural site one foot deeper than existing as detailed on the plans or in the
contract documents identified by drawing number or plan file number. It is the
Construction Manager's responsibility to keep the monitor(s) up-to-date with
current plans..
Discoveries: In the event of a discovery, and when requested by the
Archaeologist, or the Principal Investigator (PI) if the Monitor is not qualified as a
PI, the Construction Manager (CM), as appropriate, shall be contacted and shall
divert, direct or temporarily halt ground disturbing activities in the area of discovery
to allow for preliminary evaluation of potentially significant archaeological
resources. The PI shall also immediately notify the Planning Director or his/her
designee of such findings at the time of discovery.
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006
MITIGATION MEASURE
Determination of Significance: The significance of the discovered resources
shall be determined by the PI. For significant archaeological resources, a
Research Design and Data Recovery Program shall be prepared, approved by the
City and carried out to mitigate impacts before ground-disturbing activities in the
area of discovery will be allowed to resume.
Minor Discovery Process for Pipeline Projects: For all projects: The following
is a summary of the criteria and procedures related to the evaluation of small
cultural resource deposits during excavation for pipelines.
Coordination and Notification: Archaeological Monitor shall notify PI, CM and
the Planning Director or his/her designee, as appropriate.
Criteria Used to Determine if it is a Small Cultural Resource Deposit
a. The deposit is limited in size both in length and depth; and,
b. The information value is limited and is not associated with any other
resources; and,
c. There are no unique features/artifacts associated with the deposit.
d. A preliminary description and photographs, if available, shall be
transmitted to the Planning Director or his/her designee.
The information will be forwarded to the Planning Department for consultation and
verification that it is a small historic deposit.
Procedures for documentation, curation and reporting: The following
constitutes adequate mitigation of a small historic deposit to reduce impacts due
to excavation activities to below a level of significance.
a. 100% of the artifacts within the trench alignment and width shall be
documented in-situ, to include photographic records, plan view of the
trench and profiles of sidewalls, recovered, photographed after cleaning
and analyzed and curated.
b. The remainder of the deposit within the limits of excavation (trench
walls) shall be left intact.
c. The Final Results Report shall include a requirement for monitoring of
any future work in the vicinity.
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 10
MITIGATION MEASURE
Human Remains: If human remains are discovered, work shall halt in that area
and procedures set forth in the California Public Resources Code (Sec. 5097.98)
and State Health and Safety Code (Sec. 7050.5) as follows:
a. Notification
(1) Archaeological Monitor shall notify the PI, CM and the
Planning Director or his/her designee.
(2) The PI shall notify the County Coroner after consultation.
b. Stop work and isolate discovery site
(1) CM/ the Planning Director or his/her designee, as appropriate,
shall stop work immediately and overlay adjacent human remains until a
determination can be made by the County Coroner in consultation with
the PI concerning the origin of the remains and the cause of death.
(2) The County Coroner, in consultation with the PI, shall
determine the need for a field investigation to examine the remains and
establish a cause of death.
(3) If a field investigation is not warranted, the PI, in consultation
with the County Coroner, shall determine if the remains are of Native
American origin.
c. If Human Remains are Native American
(1) The Coroner shall notify the Native American Historic
Commission (NAHC). (By law, ONLY the Coroner can make
this call.)
(2) NAHC will identify the person or persons it believes to be the
Most Likely Descendent (MLD).
(3) The MLD may make recommendations to the landowner or PI
responsible for the excavation work to determine the
treatment, with appropriate dignity, of the human remains and
any associated grave goods (PRC 5097.98).
d. If Human Remains are not Native American
(1) The PI shall contact the NAHC and notify them of the historical
context of the burial.
(2) NAHC will identify the person or persons it believes to be the
MLD.
(3) The MLD may make recommendations to the landowner or PI
responsible for the excavation work to determine the treatment
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 11
f,ff- : 'f,.fflx
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of the human remains (PRC 5097.98).
(4) If the remains are of historic origin, they shall be appropriately
removed and conveyed to the Museum of Man for analysis.
The decision for reinterment of the human remains shall be
made in consultation with the Planning Director or his/her
designee, the landowner, the NAHC and the Museum of Man.
e. Disposition of Human Remains
The landowner, or his/her authorized representative, shall reinter the
Native American human remains and any associated grave goods, with
appropriate dignity, on the property in a location not subject to further
subsurface disturbance, IF:
(1) The NAHC is unable to identify the MLD, OR the MLD failed to
make a recommendation within 24 hours after being notified
by the NAHC; OR;
(2) The landowner or authorized representative rejects the
recommendation of the MLD and mediation in accordance
with PRC 5097.94 (k) by the NAHC fails to provide measures
acceptable to the landowner.
Notification of Completion: The Archaeologist shall notify the Planning Director or his/her
designee, in writing of the end date of monitoring.
Post Construction
Handling and Curation of Artifacts and Letter of Acceptance
a. The Archaeologist shall be responsible for ensuring that all cultural remains
collected are cleaned, catalogued, and permanently curated with an appropriate
institution; that a letter of acceptance from the curation institution has been
submitted to the Planning Development; that all artifacts are analyzed to identify
function and chronology as they relate to the history of the area; that faunal
material is identified as to species; and that specialty studies are completed, as
appropriate.
b. Curation of artifacts associated with the survey, testing and/or data recovery for
this project shall be completed in consultation with the Planning Director or his/her
designee and the Native American representative, as applicable.
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 12
MITIGATION MEASURE
F/na/ Resu/te Reports (Monitoring and Research Design and Data Recovery Program)
a. Within three months following the completion of monitoring, two copies of the Final
Results Report (even if negative) and/or evaluation report, if applicable, which
describes the results, analysis, and conclusions of the Archaeological Monitoring
Program (with appropriate graphics) shall be submitted to the Planning Director or
his/her designee for approval.
b. For significant archaeological resources encountered during monitoring, the
Research Design and Data Recovery Program shall be included as part of the
Final Results Report.
Recording Sites with State of California Department of Park and Recreation.
The Archaeologist shall be responsible for recording (on the appropriate State of
California Department of Park and Recreation forms-DPR 523 A/B) any significant
or potentially significant resources encountered during the Archaeological
Monitoring Program in accordance with the City's Historical Resources Guidelines,
and submittal of such forms to the South Coastal Information Center with the Final
Results Report.
CULT-3: A qualified paleontological monitor shall be present at a pre-grading meeting with the
construction contractor and environmental review coordinator. The purpose of the
meeting would be to consult and coordinate the role of the paleontologist during
construction. The paleontological monitor shall have adequate knowledge and
experience with fossilized remains likely to be present to identify them in the field.
The paleontological monitor shall be adequately experienced to remove
paleontological resources for further study.
City of Carlsbad, Project
Paleontologist
Preconstruction
meeting
CULT-4: The paleontological monitor shall be present during the applicable stages of
grading and construction (including trenching) as determined at the pre-grading
meeting. The paleontological monitor shall have the authority to temporarily
direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation
and, if necessary, salvage. At the discretion of the monitor, recovery may include
washing and picking of soil samples for microvertebrate bone and teeth. The
contractor shall be aware of the random nature of fossil occurrences and the
possibility of a discovery of such scientific and/or educational importance which
might warrant a long-term salvage operation or preservation. All fossils collected
shall be donated to a museum with a systematic paleontological collection, such
as the San Diego Natural History Museum. The City of Carlsbad Engineering
Division shall ensure the grading contractor is aware of this provision. Conflicts
City of Carlsbad Engineering
Department and Planning
Department; Project
Paleontologist; Project
Construction Contractor
Preconstruction
meeting; during
construction
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 13
•'_" ;_£»?%>." V . '_ ,- V_ '. -•-. ',-,'•
-* ; S ----- MrTIGATiON MEASURE -
regarding the role and authority of the monitor shall be resolved by the Planning
Director or his/her designee.
CULT -5: A paleontological monitoring report shall be submitted to the City of Carlsbad.
The report shall describe the materials recovered by the monitoring program.
Geology and Soils
GEO-1: To provide a uniform bearing for the proposed facility, the fill/residual soils
beneath the desalination facility site shall be removed and recompacted. As an
alternative, all the building footings may be deepened through the compacted fill
soils and be founded into the formational materials of the Santiago Formation, in
accordance with the recommendations contained in the geotechnical report
(Geologic Associates 2004).
GEO-2: A pre-construction geotechnical investigation shall be prepared to address
geotechnical considerations related to constructing and operating all of the offsite
project components including water delivery pipelines, the pump station, and
surge control facilities. The report shall contain all necessary requirements to
address any adverse soils conditions that may be encountered in final design of
the facilities. The project will be required to adhere to all such requirements. The
report shall include a discussion of site-specific geology, soils and foundational
issues, a seismic hazards analysis to determine the potential for strong ground
acceleration and ground shaking, potential groundwater issues, and structural
design recommendations. The soil engineer and engineering geologist shall
review the grading plans prior to finalization to verify the plans' compliance with
the recommendations of the report. A third party review of the geotechnical report
and final grading plans shall be conducted by the Engineering Department of the
appropriate local jurisdiction (e.g., the City of Carlsbad) prior to issuance of
grading permits and encroachment permits. Compliance with this measure shall
be verified by the local jurisdiction.
Hazards and Hazardous Materials
'':*,*:'-ff'C-;" ,.-,''• .'.".':• ^.
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RESPONSIBLE MONITORING
*-:j£^ifyjg(pf ;.& 'i^'.
City of Carlsbad Planning
Department, Project
Paleontologist
City of Carlsbad Building
Department and Engineering
Department,
Cities of Carlsbad, Oceanside,
and Vista, as applicable
TIMING OF
«" CQMPUANeE
Three months
following termination
of paleontological
monitoring program
Prior to issuance of
grading or building
permits, whichever
occurs first
Prior to approval of
improvement plans
lii
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 14
MITIGATION MEASURE
HAZ-1: To mitigate the potential for exposure of existing contamination during
construction of offsite pipelines, construction monitoring will be provided in areas
identified as having the potential for such risks, and appropriate actions, as
determined by the City's construction inspector shall be taken if such materials are
encountered. Such actions may include avoidance or removal of contaminated
materials, or special handling measures to avoid exposure to materials.
Cities of Carlsbad, Oceanside,
and Vista; County of San Diego
Dept. of Public Health and
Construction Contractor
Prior to approval of
improvement plans;
during construction
HAZ-2: In accordance with all applicable federal, state and local regulations, plant
personnel shall regularly inspect all hazardous materials handling facilities for
compliance with applicable regulations and shall ensure that any deficiencies are
promptly repaired. In addition, the facility shall be subject to regular inspections
by the County Department of Public Health and City's Fire Department, which will
ensure compliance with appropriate regulatory requirements for hazardous
materials and regulated substances handling.
County of San Diego Dept. of
Public Health; City of Carlsbad;
Applicant
During operations
throughout project life
HAZ-3: All hazardous materials shall be handled stored, transported and disposed in
accordance with all applicable federal, state and local codes and regulations.
Specific requirements of the California Fire Code that reduce the risk of fire or the
potential for a release of hazardous materials that could affect public health or
environment include:
• Provision of an automatic sprinkler system for indoor hazardous material
storage areas;
• Provision of an exhaust system for indoor hazardous material storage areas;
• Separation of incompatible materials by isolating them from each other with
noncombustible partition.
• Location of incompatible materials as far away from each other as practical.
• Spill control in all storage, handling and dispensing areas;
• Separate secondary containment for each liquid chemical storage system.
The secondary containment shall be designed to hold 110 % of the entire
contents of the tank. . Adequate storage shall be provided inside the RO
building to hold water for the fire suppression system that could be used for
fire protection for a period of 20 minutes in the event of a catastrophic spill.
The secondary containment of the chemical storage tanks located outside the
RO building shall have extra storage capacity to hold precipitation from a 25-
County of San Diego Dept. of
Public Health; City of Carlsbad;
Applicant
Prior to issuance of
grading or building
permits, whichever
occurs first; during
operations throughout
project life
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 15
WimGATION MEASURE
- >:••:?^
year, 24-hour event.
Use of chlorine in liquid form (sodium hypochlorite) to mitigate concerns
associated with accidental toxic gas plume releases and potential odor
emissions from the chlorine storage facility;
Use of aqua ammonia of concentration below the regulatory threshold limit of
20 % and amount below the regulatory threshold of 20,000 gallons to mitigate
concerns associated with accidental release of significant toxic ammonia gas
plume releases.
All liquid chemical storage tanks shall be equipped with a pressure relief
valve, vapor equalization, a carbon filter vent, and vacuum breaker. Any
potential vapor fume releases from the storage tanks shall be absorbed by
the carbon filter vent, thereby providing an effective odor control for volatile
chemicals, such as ammonia and chlorine.
HAZ-4: Each of the liquid chemicals used on site shall be stored in a tank with a concrete
secondary containment surrounding the tank. The containment area shall have a
sloped floor, which shall direct the liquid to a drain centered below the tank. This
drain shall lead to a covered sump. Each of the chemical storage tanks shall be
equipped with continuous level monitors, automated leak detection system,
temperature and pressure monitors and alarms, and excess flow and emergency
block valves. All storage tanks shall be constructed of appropriate, non-reactive
materials, compatible with the recommendations of the supplier of the hazardous
material.
County of San Diego Dept. of
Public Health; City of Carlsbad
Prior to issuance of
grading or building
permits, whichever
first occurs; during
operations throughout
project life
HAZ -5: In the event of an accidental liquid chemical spill, the chemical shall be contained
within the concrete containment structure and evacuated through an individual
drainage system, and pumped into hazardous waste containment trucks and
transported off-site for disposal at an appropriate facility accepting such waste.
This operation shall be completed by a specialized contractor licensed in
hazardous waste handling and disposal. Appropriate agencies, such as the City
of Carlsbad Fire and Police Departments, shall also be contacted if necessary.
County of San Diego Dept. of
Public Health; City of Carlsbad;
Applicant
During operations
throughout project life
HAZ -6: The chemical conveyance piping system connecting chemicals from their storage
areas to their points of application shall be protected from leaks utilizing one of the
following leak protection measures:
County of San Diego Dept. of
Public Health; City of Carlsbad
Prior to issuance of
grading or building
permits, whichever
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 16
MITIGATION MEASURE
': yc%'^Sif-*&<'
COMPLIANCE
first occurs
Use of piping with double containment walls to prevent potential chemical
leaks from reaching the soil or groundwater; and
Installation of chemical conveyance and feed pipelines in designated plastic
or concrete trenches that will contain potential leaks and drain the leaking
chemical(s) to a designated containment sump or tank, from where the
chemical(s) will be evacuated and disposed of in compliance with all
applicable federal, state, and local codes.
HAZ-7:Appropriate safety programs shall be developed addressing hazardous materials
storage locations, emergency response procedures, employee training
requirements, hazard recognition, fire safety, first aid/emergency medical
procedures, hazard communication training, and release reporting requirements.
These programs shall include a Hazardous Materials Business Plan, worker safety
program, fire response program, a plant safety program, and the facility's standard
operating procedures. The project shall also be in compliance with all applicable
hazardous material storage and management regulations and shall prepare all
safety planning documentation associated with compliance with these regulations.
For security purposes, the desalination facility would allow site access to
authorized personnel only via a secured entry point with a 24-hour guard.
County of San Diego Dept. of
Public Health; City of Carlsbad;
Applicant
During operations
throughout project life
Hydrology and Water Quality
HYDRO-1: Prior to issuance of a grading permit, building permit or demolition permit,
whichever occurs first, the project applicant shall demonstrate compliance with all
applicable regulations established by the United States Environmental Protection
Agency (USEPA) as set forth in the National Pollutant Discharge Elimination
System (NPDES) permit requirements for urban runoff and storm water discharge
and any regulations adopted by the city within which construction will take place,
pursuant to the NPDES regulations or requirements of that city (Carlsbad,
Oceanside and Vista). Further, the applicant shall file a Notice of Intent (NOI) with
the State Water Resources Control Board to obtain coverage under the NPDES
General Permit for Storm Water Discharges Associated with Construction Activity
and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities. The SWPPP shall
include both construction and post-construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post-construction
control measures. The SWPPP shall also be sent to the North County Transit
Cities of Carlsbad, Oceanside,
and Vista; Regional Water
Quality Control Board; North
County Transit District,
Construction Contractor
Prior to issuance of a
grading permit,
building permit or
demolition permit,
whichever occurs first;
during construction
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 17
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, V 1OTK&TIOK MEASURE J ; .;-
District for review and comment.
The following best management practices shall be adhered to during construction:
o Gravel bags, silt fences, etc. shall be placed along the edge of all work areas
as determined appropriate by the City's construction inspector in order to
contain particulates prior to contact with receiving waters,
o All concrete washing and spoils dumping will occur in a designated location,
o Construction stockpiles will be covered in order to prevent blow-off or runoff
during weather events,
o A pollution control education plan shall be developed by the General
Contractor and implemented throughout all phases of development and
construction,
o Severe weather event erosion control materials and devices shall be stored
onsite for use as needed.
Other best management practices as determined necessary by the cities
HYDRO-2: Prior to issuance of grading or building permits, whichever occurs first, the
applicant shall submit for City approval a Storm Water Management Plan
(SWMP). The SWMP shall demonstrate compliance with the city of Carlsbad
Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01, issued by
the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Municipal Code.
HYDRO-3: Construction within any area the City of Carlsbad identifies as a 100-year flood
hazard shall occur only during dry months (May 1 - September 30). The City may
waive this restriction if the applicant satisfactorily demonstrates, as determined by
the City, that construction would not impede or redirect flood flows and would not
expose people or structures to flooding. Such demonstration shall occur before
the City issues grading or other permits to permit construction in the flood hazard
area in the wet months and may require the applicant to submit plans and details
regarding the type, location, quantities and duration of construction equipment and
materials as well as any other information that the City may require.
['?7*,' ~,r^ * ^ v- ' ^ ^-^
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City of Carlsbad City Engineer,
City of Carlsbad City Engineer,
•', .-_:--• . Jj;^ ,,^5 ,.).,
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.Xr-^tilNO^Si
>; ;j#IHUWitt;£
Prior to issuance of
grading or building
permits, whichever
occurs first
Prior to issuance of
grading or other
permits or approval of
improvement plans for
the applicable
pipeline, whichever
occurs first
^mff^Mr
Land Use and Planning '•-••'
LANDUSE-1: The applicant shall coordinate with and receive approval from the McClellan-
Palomar Airport Operations Manager before constructing within the Airport
City of Carlsbad Planning
Department and Public Works
Prior to approval of
improvement plans
Precise Development Plan and Desalination Plant Project MMRP 4062-01
January 2006 18
< *
MITIGATION MEASURE
TWWGCHr
Influence Area and particularly within any Flight Activity Zone and Runway
Protection Zone or on airport property.
Department; Applicant for applicable pipeline
Traffic and Circulation
TRAFFIC-1: Prior to issuance of grading permits and/or encroachment permits for work within
public rights-of-way, the Applicant shall provide the ultimate location of soil
disposal sites to the.appropriate city (if they are different from the disposal site
identified in this analysis), and shall further demonstrate that transport of soil and
materials to and from the proposed sites will not result in Levels of Service during
peak hour periods on affected roadways and intersections falling below
acceptable standards established by the affected cities.
Cities of Carlsbad, Oceanside,
and Vista,
Prior to issuance of a
right of way permit or
approval of
improvement plans,
whichever occurs first
TRAFFIC-2: Prior to improvement plan approval, a traffic control plan will be prepared for
approval by each jurisdiction within which the project is proposed to be located.
The traffic control plan will show all signage, striping, delineate detours, flagging
operations and any other devices which will be used during construction to guide
motorists safely through the construction zone and allow for adequate access and
circulation, to the satisfaction of the city or agency with applicable jurisdiction. The
traffic control plan will also include provisions for coordinating with local emergency
service providers regarding construction times and locations of lane closures as
well as specifications for bicycle lane safety. The Applicant's construction
contractors will coordinate traffic diversions, street and lane closures, and
obstruction of intersections with each jurisdiction's engineering department prior to
commencing construction activities through the development of routing and detour
plans.
This Traffic Control Plan will be prepared in accordance with each jurisdiction's
traffic control guidelines and will be prepared to ensure that access will be
maintained to individual properties and businesses, and that emergency access will
not be restricted. Additionally, the Plan will ensure that congestion and delay of
traffic resulting from project construction are not substantially increased and will be
of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes for
through traffic will be published in a local newspaper periodically throughout the
construction period. In addition, the Applicant's construction contractor shall
provide not less than a 2-week written notice prior to the start of construction by
Cities of Carlsbad, Oceanside,
and Vista, Construction
Contractor
Prior to issuance of a
right of way permit or
approval of
improvement plans,
whichever occurs first;
during construction
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MITIGATION MEASURE
mailing to owners/occupants along streets to be impacted during construction.
During construction, the Applicant's contractor will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and from
public facilities such as schools, parks, post offices and fire stations. If normal
access to these facilities is blocked by construction for more than four hours in any
given workday, alternative access will be provided. The Applicant's contractor will
coordinate with each facility's administrators in preparing a plan for alternative
access.
During construction, the Applicant's contractor will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access remains to
commercial/ industrial establishments during regular business hours. If normal
access to business establishments is blocked by construction for more than four
hours in any given workday, alternative access will be provided. The Applicant's
contractor, and possibly the city, will coordinate with the businesses in preparing a
plan for alternative access.
During construction, the Applicant's contractor will maintain continuous vehicular
and pedestrian access to residential driveways from the public street to the private
property line, except where necessary construction precludes such continuous
access for reasonable periods of time. For example, when the pipeline is initially
being excavated, access to individual driveways may be closed during the course
of a workday. Access will be reestablished at the end of the workday. If a
driveway needs to be closed or interfered with as described above, the Applicant's
construction contractor shall notify the owner or occupant of the closure of the
driveway at least five working days prior to the closure.
Methods to maintain safe, vehicular and pedestrian access includes the installation
of temporary bridge or steel plates to cross over unfilled excavations. Whenever
sidewalks or roadways are removed for construction, the Applicant's contractor will
place temporary sidewalks or roadways promptly after backfilling until the final
restoration has been made.
The traffic control plan will include provisions to ensure that the Applicant's
construction contractor's work in any public street does not interfere unnecessarily
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MITIGATION MEASURE
with the work of other agencies such as emergency service providers, mail
delivery, school busses and waste services.
Public Services and Utilities
PS-1: The combined waste discharge from the desalination facility to the EWPCF shall
not exceed an instantaneous maximum of 300 gpm and a daily maximum of
200,000 gpd. The combined total suspended solids discharged to the EWPCF
shall not exceed 500 pounds per day. Should the project operations cause the
monthly average TDS of the effluent at the local water recycling facilities to
exceed 1,000 mg/L, or contribute to the monthly average TDS at the local water
recycling facilities exceeding 1,000 mg/L, the Applicant shall take steps to reduce
the TDS increase or reimburse the operators of local water recycling plants for its
proportional share of the cost to reduce the increase in TDS resulting from project
operations. In addition, the applicant shall provide the City a minimum 2 years
worth of data that establishes a baseline water quality and TDS levels of the
effluent at the local water recycling facilities prior to commencement of project
operations. Upon commencement of operations, the applicant shall establish a
monitoring program which regularly reports the TDS contribution of the
desalination plant. The City shall determine monitoring program parameters,
including the frequency of monitoring and duration of the program.
City of Carlsbad City Engineer;
Applicant
During operations
throughout project life
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January 2006 21