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HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 61051 PLANNING COMMISSION RESOLUTION NO. 6105 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM ENVIRONMENTAL 4 IMPACT REPORT, EIR 03-03, FOR THE ROBERTSON RANCH MASTER PLAN, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT, A 6 STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM 7 ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL, EAST OF TAMARACK AVENUE, EAST 8 AND WEST OF COLLEGE BOULEVARD, AND EAST AND a WEST OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. 10 CASE NAME: ROBERTSON RANCH MASTER PLAN CASE NO.: EIR 03-03 11 WHEREAS, Calavera Hills II, LLC, "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, and 14 Gary Robertson and Brian Robertson, as co-successor trustees of the Robertson Family ^ 1995 Trust dated April 19,1995, as to an undivided one-half interest; Gary Robertson and Brian Robertson, co-successor trustees under Declaration of Trust dated October 8, 1976, 17 as to an undivided 7% interest; and Gary Robertson and Brian Robertson, co-successor 18 trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989, as to an undivided 20 43% interest, "Owners," described as: 21 Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California. 22 According to Map thereof No. 823, filed in the Office of the _- County Recorder of San Diego County, November 16, 1896, described as follows: 24 Parcel 1: 25 Parcel 1 on Certificate of Compliance recorded November 28, 2001, as File No. 2001-0865064 of Official Records.26 27 Parcel 2: Parcel 2 on Certificate of Compliance recorded November 28, 28 2001, as File No. 2001-0865065 of Official Records. Parcel 3: 2 Parcel 1 and the remainder parcel of Carlsbad Minor Subdivision 02-10 as shown on Parcel Map No. 19804 recorded 3 August 3,2005, as File No. 2005-0659805 of Official Records. 4 ("the Property"); and WHEREAS, a Program Environmental Impact Report (EIR 03-03) was 6 prepared in conjunction with said project; and 7 WHEREAS, the Planning Commission did on the 31st day of May, 2006, hold a8 9 duly noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, after hearing the staff presentation for the Robertson Ranch ) 1 Master Plan and public testimony on the project, the Planning Commission did continue 12 the public hearing to June 21,2006; and 13 WHEREAS, after hearing the additional staff presentation for the Robertson 14 Ranch Master Plan and public testimony on the project, the Planning Commission did jg continue the public hearing to a date uncertain; and 17 WHEREAS, the Planning Commission did on the 20th day of September, 18 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan project; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, examining the Program EIR, Candidate Findings of Fact, Statement of22 9- Overriding Considerations and Mitigation Monitoring and Reporting Program, analyzing 24 the information submitted by staff, and considering any written comments received, the Planning 25 Commission considered all factors relating to the Program EIR. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission as follows: 28 A) That the foregoing recitations are true and correct. PCRESONO. 6105 -2- B) That the Final Environmental Impact Report consists of the Final Program 2 Environmental Impact Report, EIR 03-03, dated April 2006, appendices, written comments and responses to comments, as amended to include the 3 comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the 4 minutes of said public hearing into the report, all on file in the Planning s- Department incorporated by this reference, and collectively referred to as the "Report." 6 C) That the Environmental Impact Report, EIR 03-03, as so amended and evaluated 7 is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable g and feasible alternatives thereto, including no project. 10 D) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental 11 Impact Report, EIR 03-03; RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA Findings"), and the Statement of Overriding Considerations ("Statement"), attached hereto marked as Exhibit "EIR-A" 13 and incorporated by this reference; and of the Mitigation Monitoring and Reporting Program ("Program"), attached hereto marked as Exhibit 14 "EIR-B" and incorporated by this reference; based on the following findings and subject to the following conditions. jg Findings; 17 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Program EIR 03-03, the Candidate Findings of Fact, the Mitigation Monitoring and 18 Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 20 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and 21 considered Final Program EIR 03-03, the environmental impacts therein identified for this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the 22 Statement of Overriding Considerations attached hereto as Exhibit "EIR-A," and the «- Mitigation Monitoring and Reporting Program ("Program") attached hereto as Exhibit J "EIR-B," prior to RECOMMENDING APPROVAL of this project. 24 3. As evidenced in the discussion included in the staff report dated September 20, 25 2006, the Tamarack Connection will not result in any new significant impacts and, therefore, would not constitute a significant change in the project description or 2" significant new information requiring an amendment and recirculation of the Final 27 EIR. If approved, the Tamarack Connection would lessen traffic in the Colony neighborhood, thus reducing the overall effects of the project. The Tamarack 28 Connection, therefore, could be considered an appropriate project modification that is made in response to new insights gained during the public discussion of the project. PCRESONO. 6105 -3- 1 2 4. The Planning Commission finds that Final Program EIR 03-03 reflects the independent judgment of the City of Carlsbad Planning Commission. 3 5. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project 6 alternatives. 7 6. The Planning Commission hereby finds that the Program (Exhibit "EIR-B") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 10 7. 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 11 feasible alternatives, there are specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. 13 8. The Record of Proceedings for this project consists of The Report, CEQA Findings, 14 Statement and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project * Applicant, the environmental consultant, and the City of Carlsbad that are before *,- the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Program EIR; 17 minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not 18 limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director 20 of Planning. 21 Conditions: 1. The Developer shall implement the mitigation measures described in Exhibit "EIR-B," the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Robertson 24 Ranch Master Plan. 25 2. The Program EIR Errata labeled as Attachment 16 of the staff report (dated September 20,2006) shall be incorporated into the Final Program EIR (EIR 03-03).26 27 28 PCRESONO. 6105 -4- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 20th day of September, 2006, by 3 the following vote, to wit: 4 c- AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 6 NOES: 7 ABSENT: 9 ABSTAIN: 10 11 12 MARTELL B. MONT<fOMERY|fliairperson 13 CARLSBAD PLANNING COMMISSION 14 „ATTEST:15 16 17 DONNEU Assistant Planning Director 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6105 -5- CEQA Findings and Statement of Overriding Considerations Exhibit "EIR-A" City of Carlsbad Planning Commission Resolution No.6105 California Environmental Quality Act i Findings of Fact (Public Resource Code § 21081 CEQA Guidelines § 15091) and Statement of Overriding Considerations (CEQA Guidelines § 15093) for the Final Program Environmental Impact Report (EIR 03-03) Robertson Ranch Master Plan (SCH No. 2004051039) 1.0 Introduction A Final Program Environmental Impact Report (hereafter "Final Program EIR" or "FPEIR") has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the proposed Robertson Ranch Master Plan and associated actions (hereafter "Proposed Project") and considered by the City in connection with its public consideration of requested approvals for the Proposed Project. While the full scope of the Proposed Project and associated approvals are detailed further in Section 1.4 Description of fhe Proposed Project, the Proposed Project generally consists of the Robertson Ranch Master Plan, which would provide a comprehensive set of guidelines, regulations, and implementation programs intended to ensure the orderly development of a 398-acre community, and the conservation of open space areas in accordance with the City's General Plan, amended Local Facilities Management Plan for Zone 14, the City's Habitat Management Plan, and applicable policies and regulations. The Final Program EIR also analyzed the environmental effects of a range of project alternatives as well. The Final Program EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. Robertson Ranch Master Plan Final EIR 1 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 1.1 Purpose of CEQA Findings; Terminology CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under PRC §21081 and Guidelines §15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in Guidelines §15091 (a) are: (1) Changes of alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. ' (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In turn, Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. Based on the foregoing, the Guidelines do not provide a bright distinction between the meaning of "avoid" or "substantially lessen." The applicable Guidelines are based on PRC §21081, which uses the phrase "mitigate or avoid," and hence it is generally considered that to "avoid" is to include changes or alterations that result in the significant effect being reduced to below a level of significance. In contrast, the phrase "substantially lessen" is used to describe changes or alterations that materially reduce the significant effect, but not below a level of significance, thus, while mitigated, the effect remains significant. These Findings will distinguish, for the purposes of clarity, between effects that have been "avoided" (thereby reduced below a level of significance) and those that have been "substantially lessened" (and thus remain significant). Robertson Ranch Master Plan Final EIR 2 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations In combination with the mitigation and monitoring program discussed immediately below, the following Findings and Statement of Overriding Considerations are binding obligations of the project to implement all required mitigation measures. 1.2 Purpose and Legal Authorities The California Environmental Quality Act (hereafter "CEQA") was adopted in 1970 and is codified in California Public Resources Code §§ 21000 et.seq. (hereafter "PRC §21000"). CEQA is an important environmental law applicable to mos! public agency decisions to carry out, authorize or approve projects that could have adverse effects on the environment. CEQA does not directly regulate project implementation or approvals through substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform themselves about the potential environmental effects of a Proposed Project, carefully consider all pertinent environmental information effects of a Proposed Project, carefully consider all pertinent environmental information before they act, provide the public an opportunity to review and comment on any environmental issues, and include conditions or other requirements to avoid or reduce potential significant adverse effects of the project or action when feasible. The City has codified environmental protection procedures implementing CEQA and the state administrative guidelines issued pursuant to CEQA in Carlsbad Municipal Code, Chapter 19.04. Chapter 19.04 provides for the protection and enhancement of the environment by establishing principles, objectives, criteria, definitions and procedures for evaluation of both public and private projects, implementing CEQA and the state guidelines and providing for the preparation and evaluation of environmental documents in accordance therewith. The City's consideration of Findings of Fact and a Statement of Overriding Considerations are key steps in the process of considering the approval of the Proposed Project while concurrently protecting and enhancing the environment. The applicable standards and scope of the City's responsibilities are detailed in the following excerpts from the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, §§ 15000 et. seq.; hereafter "Guidelines §15000"). Guidelines §15091. Findings. The purpose of this resolution is to adopt the findings required by this CEQA Guideline section and the underlying California Public Resource Code § 20181. (a) No public agency shall 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 public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Robertson Ranch Master Plan Final EIR 3 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. / (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a) (3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subsection (a)(l), the agency shall also adopt a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. 1.3 Program Environmental Impact Report Process In accordance with CEQA, the Guidelines and Chapter 19.04, the City considered an Initial Study. Based on the Initial Study, the City concluded that the Proposed Project could have a significant impact on the environment and that preparation of an environmental impact report was necessary and issued its Notice of Preparation ("MOP") on May 7, 2004. The NOP was mailed to city, county, and state and federal agencies, other public agencies, and various interested private organizations and individuals. A number of written responses were received, and the City held two public scoping meetings in order to increase opportunities for public input. The scoping meetings took place on May 18 and 26, 2004. At the scoping meetings, the public was invited to ask questions regarding the proposed project and environmental review process, and to comment on the scope and content of the EIR. The meetings were attended by a combined total of approximately 360-380 people. A copy of the Initial Study, NOP, the written comments Robertson Ranch Master Plan Final EIR 4 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations received in response to the NOP and public scoping session are included in Volume IA, Appendix A to the Final Program EIR. After consideration of the Initial Study, comments from the Scoping meetings, and other comments in response to the NOP, the City identified that the Draft Program EIR should analyze the potential for environmental impacts associated with the following fourteen substantive potential impact areas in the Environmental Impact Analysis section: i Land Use Traffic/Circulation ' Air Quality Noise Biological Resources Cultural Resources Geology/Soils Paleontological Resources Agricultural Resources Hazardous Materials and Hazards Grading and Aesthetics Hydrology/Water Quality Population/Housing Public Services and Utilities Additionally, the Draft EIR was directed to include other CEQA substantive sections including Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, and Growth Inducing Effects and Alternatives. Because of the scope of the Proposed Project, a Program EIR was determined to be the most useful and appropriate form of EIR. Guidelines §15168 establishes the benefits of a Program EIR. On October 4, 2005 the Draft Program EIR was published and the City duly notified interested Responsible and Trustee Agencies, as well as other interested agencies and sent out over 75 "Notice(s) of Completion of a Draft Environmental Impact Report for the Robertson Ranch Master Plan" to all members of the public who had signed on the interested party list at the scoping meeting or otherwise requested notification. The "Notice of Completion" commenced an initial 60-day public review and comment period expiring on December 1, 2005. The "Notice of Completion" advised that the Draft Program EIR was available, and it was in fact available, for review at four locations: the City of Carlsbad Planning Department (1635 Faraday Avenue, Carlsbad, CA 92008); the City Clerk's Office (1200 Carlsbad Village Drive, Carlsbad, CA 92008); Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad, CA 92008); and the Carlsbad Main Public Library (1775 Dove Lane, Carlsbad, CA 92009). Copies were available through the Planning Department, upon payment of a reproduction charge. Robertson Ranch Master Plan Final EIR 5 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations Following expiration of the public review and comment period to the Draft Program EIR, every written comment letter was reviewed and written responses were prepared. The written public comments and the written responses thereto are contained in the Final Program EIR, Volume IB. On XXXX, 2006 the City Council held a duly noticed public hearing to consider, among other things, Certification of the Final Program EIR in accordance with CEQA, the Guidelines and Chapter 19.04. By City Council Resolution No. XXXX, the Council certified the Final Program EIR as complete. Resolution No. XXXX is incorporated herein by reference as though fully set forth. « 1.4 Description of Proposed Project' 7.4.1 Project Description The proposed Robertson Ranch Master Plan is envisioned as a balanced master planned community integrating residential, commercial, community facilities, educational, recreational and open space land uses, as well as supporting infrastructure and utilities. The proposed Master Plan contains extensive design guidelines and implementation standards intended to ensure high quality development and recognizable community identities, while providing the architectural and landscape design flexibility necessary to accommodate future market demands. The project design incorporates requirements of the City's Livable Neighborhood Policy and Livable Streets Ordinance and reflects smart growth elements, as exemplified by the Ahwahnee Principles. The Master Plan project site is owned by the Calavera Hills II, LLC and the Robertson Family Trust. The Master Plan would create two distinct villages following the ownership of the property. A total of 1,383 dwelling units are proposed1. These dwelling units would include a range of housing product types, densities and prices, including multi-family neighborhoods and dwelling units provided as required by the City's Inclusionary Housing Ordinance. Additionally, a total of 175,000 square feet of community commercial and community facility uses would be provided within the Village Center. Other non-residential building square footage on the project site would include school buildings and recreational facilities (e.g., recreation center). Easf Village. The East Village is owned by Calavera Hills II, LLC and comprises 178.6 acres of land. Land uses proposed in the East Village include a mixture of residential uses, a portion of the school site, recreation, and open space. Primary local access to the East Village will be provided by Cannon Road. Wesf Village. The West Village is owned by the Robertson Family Trust and comprises 219.4 acres of land. Land uses proposed in the West Village include a mixture of residential uses, village center (commercial and community facilities), community park, a portion of the school site, recreational vehicle storage, recreation, and open space. Primary access to the West Village will be provided via El Camino Real, with 1 A total of 1,176 residential units are proposed under the proposed project; however, the Master Plan allows alternative uses, which if implemented, would allow a maximum of 1,383 residential units (See Section 3.0 Project Description). Robertson Ranch Master Plan Final EIR 6 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations local access also proposed via Tamarack Avenue and the proposed extensions of Glasgow Drive and Edinburg Drive. The Master Plan project site lies within Zone 14 of the City of Carlsbad Local Facilities Management Plan (LFMP). The public services needed to serve the proposed project are addressed in the proposed amendment to the Zone 14 LFMP and include city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer and water. Additionally, the Robertson Ranch Master Plan will accommodate and implement elements of the regional transportation system, including improvements to El Camino Real, Cannon Road and College Boulevard. Proposed roadway improvements include the construction of El Camino Real to its ultimate wfdth of a 63-foot right-of-way, as well as providing setbacks, walls and landscaping as required by the City Landscape Manual, El Camino Real Corridor development standards, and Scenic Corridor Guidelines. The Robertson Ranch Master Plan project will also be responsible for completing College Boulevard and Cannon Road by constructing the outside lanes, landscaping medians, and ultimate project landscaping components. Access to the individual residential neighborhoods in both the East and West Villages will be provided by collector and local streets constructed in accordance with the City's Livable Streets Policy. Additionally, internal streets in the East Village have been designed in a grid pattern to achieve maximum circulation connectivity in accordance with the City's Livable Streets Policy and the Ahwahnee Principles. A primary feature of the proposed project is the proposed open space plan. The project site is located within a "Standards Area" in the City of Carlsbad Habitat Management Plan (HMP). The Master Plan would preserve approximately 146.3 acres of open space which would include re-vegetated manufactured slopes, water quality treatment facilities, Diegan coastal sage scrub habitat, and riparian and wetland habitats. In accordance with the standards for the project site contained in the City's HMP, the proposed Master Plan would permanently preserve more than 70.4 percent of the existing 71.6 acres of Diegan coastal sage scrub habitat on the site, and would establish a permanent HMP Hardline Map in accordance with U.S. Fish and Wildlife Agency requirements. The proposed HMP Hardline would create a wildlife corridor through the project site. The California Department of Fish and Game and United States Fish and Wildlife Service have determined that the proposed project complies with the City's HMP and establishes an acceptable hardline for resource protection under the HMP. This determination was reached during extensive consultation with the Wildlife Agencies as required under the HMP as a prerequisite to preparing and submitting the Master Plan. Volume II, Appendix E of the EIR provides the February 11, 2005 wildlife agency concurrence letter for the proposed hardline design. / .4.2 D/scref/onary Actions The following discretionary actions must be taken by the City in order to approve the proposed project: J. Master Plan (MP 02-03). The applicant is requesting approval of a Master Plan that will allow for the phased development of the East and West Villages. The land uses, habitat preserve areas, open space, and supporting infrastructure will be established as part of the Master Plan. Robertson Ranch Master Plan Final EIR 7 May 8,2006 Findings of Fact/Statement of Overriding Considerations Findings and Statement of Overriding Considerations 2. General Plan Amendment (GPA 02-04). An amendment to the City's General Plan is required in order to designate the various types of development and to designate the proposed open space preservation areas. The GPA is also required in order to cluster the allowable project density provided for by the existing General Plan onto the developable portions of the site and to preserve the HMP "hardline" as open space. The General Plan Land Use designations within the project site will be amended to be consistent with the land uses proposed by the Master Plan document. The project site has General Plan designations of "RM" (Medium Density, 4 t* 8 du/ac), and "RLM" (Low Medium Density, less than 4 du/ac), as well as two "floating" designations, "L" (Local Shopping Center) and "E" (Elementary School). The redistribution of land'uses proposed by the General Plan Amendment would include the following designations: "OS" (Open Space), "RLM", "RM," "RMH" (Medium High Density, 8-14 du/ac), "RH" (High Density, 15 to 23 du/ac), "E," "CF" (Community Facilities) and "L." 3. Local Facilities Management Plan Amendment for lone 14 (LFMP 14(B). Pursuant to the requirements of the City of Carlsbad's Growth Management Program, Title 21, Chapter 21.90 of the Municipal Code, an amendment to LFMP Zone 14 is proposed in conjunction with the proposed project. The amended LFMP will describe all public facilities requirements and set forth the timing of installation and financing for all public facilities within the East and West Villages. 4. Tentative Map fCT 02-16). The applicant is requesting approval of a Tentative Subdivision Map (TM) for the East Village. A subsequent TM will be required for the West Village. A TM is required for the implementation of the proposed initial phase of development by the California Subdivision Map Act (Government Code §66426 ef seq), as the initial step in subdividing the proposed project into separate development parcels. 5. Tentative Map for Residential Subdivision (CT 04-26). A Tentative Subdivision Map has been submitted for the East Village (Phase I). Although this application may be processed concurrently with the Master Plan, it is anticipated that it will not go forward to Planning Commission and City Council until after the Master Plan is approved. 6. Site Development Plan. A Site Development Plan will be required for the affordable housing components and will be required to be processed concurrently with any residential subdivisions. 7. Planned Development Permit (PUD 02-08). A Planned Development Permit will be required for any condominium or small-lot planned developments and will need to be processed concurrently with any residential subdivisions. 8. Hillside Development Permit (HDP 02-07). Grading within the proposed project is controlled by the City's Hillside Development Ordinance. Because grading within the project site would disturb some natural slopes with gradients of 15 percent or greater and elevation differentials greater than 15 feet, Hillside Development Permits are required. The purpose of these permits is to regulate grading conformance with the City's Hillside Development Ordinance (Municipal Code §21.95.010) Robertson Ranch Master Plan Final EIR 8 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations standards and policies. The Hillside Permit application currently under review for this project is for the East Village only. The West Village Hillside Permit will follow at the time the West Village proceeds with a development application. 9. Scenic Corridor Special Use Permit. Scenic Corridors, as designated within the City of Carlsbad Scenic Corridor Guidelines, consist of selected arterial streets which the City has determined are worthy of special treatment in order to improve or protect scenic viewscapes and traffic safety. Although segments of three scenic corridors lie within or adjacent to the proposed project boundaries, currently the City has only finalized scenic corridor standards for El Camino Real. As a condition of project approval, a Scenic Corridor Special Use Permit would be' required for development within the project site adjacent to El Camino Real to ensure project consistency with City scenic corridor adopted standards. JO. Floodplain Special Use Permits (SUP 02-05). A Floodplain Special Use Permit is required before construction or development begins within any area of special flood hazards, flood-related erosion hazards or mudslide hazards, as established in §21.110.070 of the City Municipal Code. Floodplain Special Use Permits would be required for portions of the project site where grading and/or development is proposed within the 100-year floodplain as mapped by the Federal Emergency Management Agency (FEMA). Construction of proposed drainage improvements in the project site, including the 84" storm drain in Cannon Road, will modify existing floodplain boundaries. Therefore it will not be necessary to process special use permits for those future projects that are taken out of the floodplain by construction of the proposed Master Plan drainage improvements. II. Conditional Use Permit. Approval of a Conditional Use Permit is required for the proposed RV storage site in PA 2. 72. HMP Consistency Findings. The City will adopt HMP Consistency Findings as the project will result in an impact to coastal sage scrub. With the adoption of the HMP, HMP consistency findings are required of all projects affecting coastal sage scrub or other sensitive biological resources. 1.5 Environmental Setting The proposed Robertson Ranch Master Plan project site comprises 398 acres of land located in the northeastern quadrant of the City of Carlsbad in northern San Diego County. The City of Carlsbad is a coastal city located approximately 30 miles north of downtown San Diego. The City is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The project site is located approximately 1.5 miles east of Interstate 5 and two miles south of State Route 78. The majority of the project site is located north of El Camino Real, east of Tamarack Avenue, west of Cannon Road, and south of College Boulevard; however, the project site also includes 39.7 acres of land immediately north of College Boulevard. The northern site boundary is generally defined by The Colony, an existing single-family residential development and the Calavera Hills II development. Existing access to the Robertson Ranch Master Plan Final EIR 9 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations project site is available from numerous locations including a private road that extends onto the site from El Camino Real, as well as dirt roads and informal trails throughout the site. El Camino Real is designated as a "Primary Arterial" in the General Plan Circulation Element and as a "Community Theme" Corridor in the City's Scenic Corridor Guidelines. College Boulevard and Cannon Road are designated "Major Arterial" roadways by the General Plan Circulation Element, and as "Community Scenic Corridors" in the City's Scenic Corridor Guidelines. Tamarack Avenue is designated as a "Secondary Arterial" in the General Plan Circulation Element. » The site presently contains two residential and two non-residential General Plan designations, as foll&ws: Residential Low-Medium (RLM); Residential Medium (RM); Local Shopping Center (L), and Elementary School (E). The majority of the project site (approximately 283 acres) is currently used for agricultural purposes, including the cultivation of field crops and flowers and the operation of a wholesale palm tree nursery. Structures on the site include one single-family residence, several agricultural outbuildings and irrigation infrastructure. Wetland restoration activities are also underway within the portion of the project site located north of College Boulevard and adjacent to Calavera Creek. The project site is also traversed by two SDG&E utility easements containing high voltage electrical transmission lines, poles and associated access roads. In addition to agricultural cropland, the site contains a variety of native vegetation including chamise chaparral and Diegan coastal sage communities located on the higher slopes and canyons of the site, with riparian habitat located within the natural drainages. Calavera Creek, an intermittent tributary of Agua Hedionda Creek, runs north to south along the eastern boundary of the site within PA 23E and through an existing box culvert under College Boulevard and Cannon Road. A variety of mammalian, reptilian and avion species occur in the habitat of the site. Topographically, the site varies considerably and ranges in elevation from approximately 40 feet to 225 feet above mean sea level. The topography is dominated by high terraces and canyons crosscut by drainages and is underlain by sedimentary layers of the Eocene-aged Santiago Formation and metavolcanic bedrock. No active faults are known to exist on the project site or in the immediate vicinity of the project site. Land uses surrounding the project site vary considerably and include undeveloped/agricultural land to the south and east, established residential subdivisions located to the north, west and south, and the Rancho Carlsbad mobile home subdivision located along the Master Plan southeast property line. The Calavera Hills II residential development is under construction adjacent to the eastern portion of the projects' northern boundary. Directly to the east of the site is an undeveloped parcel which is owned by the Carlsbad Unified School District. To the northeast is an undeveloped parcel under the ownership of the State of California, which is part of the City's Habitat Management Plan (HMP). The project site is located within Local Facilities Management Zone 14. Robertson Ranch Master Plan Final EIR 10 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations More detailed information on the project area and its environs is provided in Sections 4.0 and 5.1 through 5.12 of the FPEIR and incorporated herein by this reference. 1.6 Mitigation Monitoring Program Pursuant to PRC §21081.6, the City has also adopted a detailed mitigation and monitoring program prepared by the EIR consultant under the direction of the City. The program is designed to assure that all mitigation measures as hereafter required are in fact implemented on a timely basis as the Proposed Project progresses through its development and construction phases. Compliance with the "Robertson Ranch Master Plan Mitigation and Monitoring Program" (a copy of which is attached to this Resolution as "Attachment B") is a condition of any City approvals and incorporated herein by this reference. 1.7 Record of Proceedings For all purposes of CEQA compliance, including these Findings of Fact and Statement of Overriding Considerations, the administrative record of all City proceedings and decisions regarding the environmental analysis of the Proposed Project shall include but are not limited to the following: • The Draft and Final Program EIR for the Proposed Project, together with all appendices and technical reports referred to therein, whether separately bound or not; • All final reports, letters, applications, memoranda, maps or other final 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 final letters, final reports or other final documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Proposed Project; • All minutes of any public workshops, meetings or hearings, including the scoping session, and any recorded or verbatim transcripts/videotapes thereof; • Any final letters, final reports or other final documents or other evidence submitted into the record at any public workshops, meetings or hearings; and • Matters of common general knowledge to the City which they may consider, including applicable state or local laws, ordinances and policies, the General Plan and all applicable planning programs and policies of the City. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 provided however, that portions of the record may be contained in other offices of the City. Robertson Ranch Master Plan Rnal EIR 11 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts 2.1 Traffic/Circulation 2.1.1 Year 2010 Intersection #3: College Boulevard/Plaza Drive A. Impact. In the Year 2010, Intersection #3 would operate at Level of Service (LOS) "F" during the PM peak hours with or without the addition of project traffic. Since the increase in intersection delay resulting from project traffic is less than two seconds the direct impacts resulting from the project are less than significant; however, the cumulative impacts are significant. B. Finding. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Mitigation Measure T-1. The physical improvements require widening of southbound College Boulevard to provide a third southbound thru-lane and widen westbound Plaza Drive to provide an additional left-turn lane. The project applicant shall provide a fair-share contribution to the City of Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to the MMRP. The changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The City of Oceanside does not appear to have adopted a program to construct such improvements and there does not appear to be a program to accept payments in lieu of construction. Due to the fact that the subject impacted intersection is located outside the jurisdiction and regulatory authority of the City of Carlsbad, these impacts are considered significant and unmitigable. D. Factual Support and Rationale. The changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The project is required to participate, on a fair share basis, to intersection improvement projects for College Boulevard between W. Vista Way and Lake Boulevard if the City of Oceanside adopts a program to accept payments in lieu of construction. However, there is no guarantee that the City of Oceanside will accept a fair share contribution or that adequate funding for the mitigation will be available in Year 2010. Because there is no evidence that the City of Oceanside has adopted such program or that the City of Oceanside will implement the necessary improvements if the project makes a fair share payment or that the improvements are in fact physically feasible, the impact at the subject intersection is considered significant and unavoidable. In addition, the following improvements would be required in Year 2010: Robertson Ranch Master Plan Final EIR 12 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 1. Intersection #14: El Camino Real/Tamarack Avenue Mitigation Measure T-4. The developer of the West Village shall widen El Camino Real northbound to provide three thru-lanes and a separate right-turn lane. This improvement shall also include construction of a southbound shared thru/right-turn lane at Tamarack Ave. which is expected to be accomplished through re-striping. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 2. El Camino Real - Tamarack Avenue to Canon Road Mitigation Measure T-5. The developer of the West Village shall widen northbound El Camino Real to provide a right-turn only lane at Tamarack Ave., and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack/El Camino Real intersection to allow for a transition from three to two lanes as required. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 3. Intersection #28: El Camino Real/West Village Driveway/Lisa Street Mitigation Measure T-A. The developer of the West Village shall install a signal and provide a northbound separate right-turn lane at the intersection of El Camino Real and the West Village Driveway entrance. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 4. Intersection #25: El Camino Real/Kelly Drive Mitigation Measure T-7. The developer of the West Village shall modify the traffic signal at the intersection of El Camino Real and Kelly Drive and construct a third northbound lane and the PA 1 driveway and construction of a shared third southbound shared thru-right turn lane. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 5. Cannon Road - El Camino Real to College Boulevard Mitigation Measure T-8. The developer of the East Village shall provide frontage improvements along both sides of Cannon Road and install traffic signals at the time directed by the City Engineer at new intersections (intersections #29, and #30). These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. 6. College Boulevard Mitigation Measure T-9. The developer of the East Village shall provide frontage improvements along both sides of College Boulevard. These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. Robertson Ranch Master Plan Final EIR 13 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations Intersection #23: Cannon Road/El Camino Real A. Impact. In the Year 2010, Intersection #23 would operate at LOS "E" during the PM peak hours with or without the addition of project traffic. Since the increase in intersection delay resulting from project traffic is more than two seconds, both direct and cumulative impacts resulting from the project are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measure T-2. The developer of the West Village shall re-stripe northbound El Camino Real after frontage improvements have been installed along the West Village (as part of the development of the West Village) to allow for a shared thru/right turn lane. Implementation of this measure shall be designed and secured as approved by the City engineer prior to the recordation of the first master final map for the West Village. D. Factual Support and Rationale. After implementation of Mitigation Measure T-2, the Cannon Road/El Camino Real intersection would operate at LOS "D" during PM peak hours, which would reduce direct and cumulative project impacts to a level less than significant. In addition, the following mitigation measures would be required in Year 2010: 1. Intersection #14: El Camino Real/Tamarack Avenue Mitigation Measure T-4. The developer of the West Village shall widen El Camino Real northbound to provide three thru-lanes and a separate right-turn lane. This improvement shall also include construction of a southbound shared thru/right-turn lane at Tamarack Ave. which is expected to be accomplished through re-striping. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 2. El Camino Real - Tamarack Avenue to Canon Road Mitigation Measure T-S. The developer of the West Village shall widen northbound El Camino Real to provide a right-turn only lane at Tamarack Ave., and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack/El Camino Real intersection to allow for a transition from three to two lanes as required. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 3. Intersection #28: El Camino Real/West Village Driveway/Lisa Street Mitigation Measure T-6. The developer of the West Village shall install a signal and provide a northbound separate right-turn lane at the intersection of El Camino Real and the West Village Driveway Robertson Ranch Master Plan Final EIR 14 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations entrance. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 4. Intersection #25: El Camino Real/Kelly Drive Mitigation Measure T-7. The developer of the West Village shall modify the traffic signal at the intersection of El Camino Real and Kelly Drive and construct a third northbound lane and the PA 1 driveway and construction of a shared third southbound shared thru-right turn lane. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 5. Cannon Road - El Camino Real to College Boulevard Mitigation Measure T-8. The developer of the East Village shall provide frontage improvements along both sides of Cannon Road and install traffic signals at the time directed by the City Engineer at new intersections (intersections #29, and #30). These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. 6. College Boulevard Mitigation Measure T-9. The developer of the East Village shall provide frontage improvements along both sides of College Boulevard. These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. Intersection #28: West Village Driveway/El Camino Real/Lisa Street A. Impact. In the Year 2010, Intersection #28 would operate at LOS "F" during the AM peak hours with the addition of project traffic. Both direct and cumulative impacts resulting from project traffic are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measure T-3. The West Village developer shall add a third southbound lane on El Camino Real from Tamarack Avenue to Cannon Rd. This improvement shall be funded by the developer of the West Village and may be subject to reimbursement through formation of a financing district or other public improvement funding mechanism. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. D. Factual Support and Rationale. After implementation of Mitigation Measure T-3, Intersection #28 would operate at an acceptable LOS "D" in the AM peak hour with project traffic added. As a result, the project's direct and cumulative impacts would be mitigated to a level less than significant. Robertson Ranch Master Plan Final EIR 15 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations In addition, the following mitigation measures would be required in Year 2010: 1. Intersection #14: El Camino Real/Tamarack Avenue Mitigation Measure T-4. The developer of the West Village shall widen El Camino Real northbound to provide three thru-lanes and a separate right-turn lane. This improvement shall also include construction of a southbound shared thru/right-turn lane at Tamarack Ave. which is expected to be accomplished through re-striping. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 2. El Camino Real - Tamarack Avenue to Canon Road Mitigation Measure T-5. The developer of the West Village shall widen northbound El Camino Real to provide a right-turn only lane at Tamarack Ave., and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack/El Camino Real intersection to allow for a transition from three to two lanes as required. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and ' secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 3. Intersection #28: El Camino Real/West Village Driveway/Lisa Street Mitigation Measure T-A. The developer of the West Village shall install a signal and provide a northbound separate right-turn lane at the intersection of El Camino Real and the West Village Driveway entrance. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 4. Intersection #25: El Camino Real/Kelly Drive Mitigation Measure T-7. The developer of the West Village shall modify the traffic signal at the intersection of El Camino Real and Kelly Drive and construct a third northbound lane and the PA 1 driveway and construction of a shared third southbound shared thru-right turn lane. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. 5. Cannon Road - El Camino Real to College Boulevard Mitigation Measure T-8. The developer of the East Village shall provide frontage improvements along both sides of Cannon Road and install traffic signals at the time directed by the City Engineer at new intersections (intersections #29, and #30). These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. 6. College Boulevard Mitigation Measure T-9. The developer of the East Village shall provide frontage improvements along both sides of College Boulevard. These improvements shall be funded by the Robertson Ranch Master Plan Final EIR 16 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. 2.1.2 Year 2030 Intersection f 1: Vista Way/College Boulevard A. Impact. In the Year 2030, Intersection #1 would operate at LOS "F" during the PM peak hours with or without the addition of project traffic. Since the increase in intersection delay resulting from project traffic is less than two seconds, the direct impacts resulting from the project are less than significant; however, the cumulative impacts are significant. B. Finding. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Mitigation Measure T-10. The physical improvements would be to widen the College Boulevard/Vista Way intersection. The project applicant shall provide a fair-share contribution to the City of Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to -the MMRP. The changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The City of Oceanside does not appear to have adopted a program to construct such improvements and there does not appear to be a program to accept payments in lieu of construction. Due to the fact that the subject impacted intersection is located outside the jurisdiction and regulatory authority of the City of Carlsbad, these impacts are considered significant and unmitigable. D. Factual Support and Rationale. The changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The project is required to participate, on a fair share basis, to intersection improvement projects for the Vista Way/College Boulevard intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. However, there is no guarantee that the City of Oceanside will accept a fair share contribution or that adequate funding for the mitigation will be available in Year 2030. Because there is no evidence that the City of Oceanside has adopted such program or that the City of Oceanside will implement the necessary improvements if the project makes a fair share payment or that the improvements are in fact physically feasible, the impact at the subject intersection is considered significant and unavoidable. Cumulative impacts to the Vista Way/College Boulevard intersection will remain significant and unmitigated in 2030 Intersection #4: College Boulevard/Lake Avenue A. Impact. In the Year 2030, Intersection #4 would operate at LOS "F" during the PM peak hours with or without the addition of project traffic only if Marron Road is extended westerly to connect with El Robertson Ranch Master Plan Final EIR 17 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations Camino Real. If Marron Road is not extended, 2030 projections conclude an acceptable LOS at this intersection. The direct and cumulative impacts associated with this intersection are considered significant. B. Finding. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. 'Mitigation Measure T-11. The physical improvements would be to widen the College Boulevard/Lake Avenue intersection. The project applicant shall provide a fair-share contribution to the City of'Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to the MMRP. The changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The City of Oceanside does not appear to have adopted a program to construct such improvements and there does not appear to be a program to accept payments in lieu of construction. Due to the fact that the subject impacted intersection is located outside the jurisdiction and regulatory authority of the City of Carlsbad, these impacts are considered significant and unmitigable. D. Factual Support and Rationale. Necessary improvements would be to widen the College Boulevard/Lake Avenue intersection. However, the changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The project is required to participate, on a fair share basis, to intersection improvement projects for the College Boulevard/Lake Avenue intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. However, there is no guarantee that the City of Oceanside will accept a fair share contribution or that adequate funding for the mitigation will be available in Year 2030. Because there is no evidence that the City of Oceanside has adopted such program or that the City of Oceanside will implement the necessary improvements if the project makes a fair share payment or that the improvements are in fact physically feasible, the impact at the subject intersection is considered significant and unavoidable. Therefore, if sufficient funds are not made available for the third southbound through lane, and if Marron Road is extended, the project's direct and cumulative impacts to this intersection will remain significant and unmitigated. Intersection #14: El Camino Real/Tamarack Avenue A. Impact. In the Year 2030, Intersection #14 would operate at LOS "F" during the AM and PM peak hours, without intersection improvements with or without the project. The direct and cumulative impacts associated with this intersection are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measure T-5. Implementation of Mitigation Measure T-5, as described above. Robertson Ranch Master Plan Final EIR 18 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations D. Factual Support and Rationale. Mitigation Measure T-5 requires the developer of the West Village to widen northbound El Camino Real to provide a right-turn only lane at Tamarack Avenue, and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack Avenue/El Camino Real intersection. Implementation of this mitigation measure would reduce the project level and cumulative impacts to a level less than significant. Intersection #25: El Camino Real/Kelly Drive A. Impact. In the Year 2030, Intersection #25 would operate at LOS "F" during the AM peak hours and LOS "E" during the PM peak hours, without intersection improvements beyond those described for Year 2010. The direct and cumulative impacts associated with this intersection are considered significant. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measures T-3 and T-5. Implementation of Mitigation Measures T-3 and T-5, as described above. D. Factual Support and Rationale. Mitigation Measure T-3 requires the developer of the West Village to provide a third southbound lane on El Camino Real from Tamarack Avenue to Cannon Road. Mitigation Measure T-5 requires the developer of the West Village to widen northbound El Camino Real to provide a right-turn only lane at Tamarack Avenue, and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack Avenue/El Camino Real intersection. Implementation of these mitigation measures would reduce project level and cumulative impacts to a level less than significant. Intersection #23: El Camino Real/Cannon Road A. Impact. In the Year 2030, Intersection #23 would operate at LOS "F" during the PM peak hours, with or without the project traffic added only if Cannon Road Reach 4 is extended easterly to connect with Cannon Road in Oceanside. If Reach 4 is not extended, 2030 projections conclude an acceptable LOS at this intersection. The direct and cumulative impacts associated with this intersection are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measure T-12. The developers of the West Village shall make their fair share contribution through the TIF program toward construction of a separate right-turn lane from northbound El Camino Real to eastbound Cannon Road. This improvement shall be installed by the City of Carlsbad or their designee and funded through the TIF program, when determined by the City to be needed. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the West Village. Robertson Ranch Master Plan Final EIR 19 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations Also, the developer of the West Village shall construct a second southbound left turn lane for southbound El Camino Real to eastbound Cannon Road at the time that the West Village El Camino Real frontage improvements and third northbound lane are constructed. It is anticipated that this improvement can be accomplished through re-striping of the standard right-of-way section. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. D. Factual Support and Rationale. The improvements identified in Mitigation Measure T-12 mitigate this intersection to a leve"! less than significant. The applicant's contribution to their fair share through payment of TIP fees represents their fair share and mitigates these impacts to a level of insignificance. The City is in the process of updating their TIP program. If this project is included in the TIP program prior to issuance of building permits for the West Village then the impact is considered mitigated to a level of insignificance. If this project is not included for funding in the TIP program, then the impact is significant and unmitigated in 2030. If sufficient funds are not made available for the separate right-turn lane and added southbound left turn lane, and if Cannon Road Reach 4 is extended, the project's direct and cumulative impacts to this intersection will remain significant and unmitigated in 2030. Intersection #15: El Camino Real/Faraday Avenue A. Impact. In the Year 2030, Intersection #15 would operate at LOS "F" during the PM peak hours and LOS "E" during the AM peak hours. The direct and cumulative impacts associated with this intersection are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct and cumulative significant impacts would be avoided and thereby reduced below a level of significance. C. Mitigation Measure T-13. The developers of the East and West Villages shall make their fair share contribution toward construction of a westbound right-turn only lane and re-striping in the eastbound direction of a single left-turn lane, one thru lane, one shared thru/right-turn lane, and a separate right-turn lane at the intersection of El Camino Real and Faraday Avenue, all of which shall be installed by the City of Carlsbad or their designee when determined by the City to be needed. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the East and West Villages, respectively. D. Factual Support and Rationale. The applicant's contribution to their fair share through payment of TIP fees represents their fair share and mitigates these impacts to a level of insignificance. The City is in the process of updating their TIP program. If this project is included in the TIP program prior to issuance of building permits for the East and West Villages, then the impact is considered mitigated to a level of less than significant. If this project is not included for funding in the TIP program, then the impact is significant and unmitigated in 2030. Robertson Ranch Master Plan Final EIR 20 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement ot Overriding Considerations Intersection #33: Palomar Airport Road/Melrose Drive A. Impact. In the Year 2030, Intersection #33 would operate at LOS "E" during the AM and PM peak hours, with or without the addition of project traffic. Since the increase in intersection delay resulting from the project traffic is less than two seconds, the direct impacts resulting from the project are less than significant; however, the cumulative impacts are significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified cumulative significant impacts would be avoided and thereby reduced below a level of significance. / C. Mitigation Measure T-14. The developers of the East and West Village shall make their fair share contribution toward construction of a fourth northbound thru-lane, a separate eastbound right-turn only lane and dual southbound right-turn only lanes at the intersection of Palomar Airport Road and Melrose Avenue. This project may be funded through the TIP program. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the East and West Villages, respectively. D. Factual Support and Rationale. The applicant's contribution to their fair share through payment of TIP fees represents their fair share and mitigates these impacts to a level of insignificance. The City is in the process of updating their TIP program. If this project is included in the TIP program prior to issuance of building permits for the East and West Villages, then the impact is considered mitigated to a level of less than significant. There is no guarantee that adequate funding will be provided for the construction of the fourth northbound thru-lane and second right turn lane on Melrose Drive. Therefore, if this project is not included for funding in the TIP program, the cumulative impacts to this intersection will remain significant and unmitigated in 2030. 2.2 Air Quality A. Impact. A significant short-term impact to localized air quality is associated with grading and earthwork activities for the proposed project. As depicted in Table 5.3-4 of the FPEIR, grading and earthwork will generate 425.56 pound per day of NOx and 354.088 pounds per day of PMio. These values exceed the SDAPCD Rule 20.2 construction emission thresholds. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. AQ-1. Prior to the issuance of grading permits, a construction dust abatement management program shall be prepared and submitted to the City of Carlsbad for approval. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department on establishment of the program, and periodic inspection during grading. Robertson Ranch Master Plan Final EIR 21 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations Off-Road Mobile Source PMio Emission Reduction • At a minimum, water active sites twice daily. • Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommended water sweepers with reclaimed water). Fine Paniculate Matter (PMio) Emission Reduction • In disturbed areas, replace gtound cover as quickly as possible. • Enclose, cover, water twice daily, or apply non-toxic soil binders according to manufactures' specification to exposed piles (i.e., gravel, sand, and dirt) with five percent silt content. • During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency shall be required whenever the winds exceed 15 mph. Reclaimed water shall be used, as feasible. • Suspend all excavating and grading operations when wind speeds exceed 25 mph. • Builders and/or contractors shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading for the structure. Paved Roads • At a minimum, sweep streets at the end of each day if visible soil material is carried onto adjacent streets. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114. Gravel pads (construction entrances) must be installed at all access points to prevent tracking of mud onto public streets. UnpavedRoads • Apply water a minimum of three times daily to all unpaved roads, parking and staging areas. • Traffic speeds on all unpaved roads to be reduced to 15 mph or less. AQ-2. Prior to the issuance of grading permits, an off-road and on-road mobile source emission reduction program shall be prepared and submitted to the City of Carlsbad for approval. Implementation of this Robertson Ranch Master Plan Final EIR 22 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations measure shall be verified by the City of Carlsbad Engineering Department on establishment of the program, and periodic inspection during construction of the project. Off-Road Mobile Source NOx Emission Reduction • Heavy-duty diesel-powered construction equipment manufactured after 1996 (with federally mandated "clean" diesel engines) should be utilized wherever feasible. • The engine size of construction equipment shall be the minimum practical size. i • The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical numbers are operating at any one time. • Construction equipment shall be maintained in tune per the manufacturer's specifications. • Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or precombustion chamber engines. • Catalytic converters shall be installed on gasoline-powered equipment, if feasible. • Diesel catalytic converters shall be installed, if available. • Use electricity from power poles rather than temporary diesel or gasoline power generators. On-Road Mobile Source Emission Reduction • Trip reduction plan to achieve a 1.5 average vehicle ratio (AVR) for construction employees. By encouraging an AVR of 1.5, the criteria pollutant emissions identified would effectively be reduced by roughly 33 percent. • Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite. D. Factual Support and Rationale. The foregoing fugitive dust and dirt remedies will be effective in reducing air born dust and particulate emissions from grading and earthwork operations. The combination of on-site watering, sweeping of pavement, load requirement limitations, installing gravel pads at construction entrances, suspension of excavation and grading activities when winds exceed 25 mph, and trip reduction plans for construction employees have proven to be effective in mitigating construction dust and particulate emissions. Implementation of the mitigation measures will reduce the short-term construction related air quality impacts to a level of less than significant. A. Impact. A significant operational impact has been identified with the operational emission levels associated with the proposed project. The combined mobile source emission levels from the East and West Villages are expected to exceed the thresholds established by the SDAPCD by 1,141.2 pounds per day for CO, 205.7 pounds per day for NOx, and 11.4 pounds per day for ROGs. This is considered a significant impact. In addition, fixed source emissions, associated with wood-burning fireplaces would exceed the allowable threshold for PMioin a little over three hours. Robertson Ranch Master Plan Final EIR 23 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations B. Finding. (3) Specific economic, legal, social technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. Mitigation Measures AQ-3 and AQ-4 will reduce the impact to the extent feasible; however, no feasible mitigation measures are available to mitigate this project-level impact and the impact remains significant and unavoidable. C. Mitigation Measures. t AQ-3. Prior to approval of site development plans for PA 11, the City shall assure that all of the operational mitigation measures identified below are identified and included as part of the project development plans, as applicable. These measures shall be implemented by the project applicant of each individual project when development plans are proposed, and shall be verified by the City of Carlsbad Planning Department. • The City shall recommended that the proposed surrounding commercial facilities which incorporate gas stations utilize pumps dispensing oxygenated gasoline (especially during winter months, typically taken as November through February inclusive) in an effort to reduce overall CO emissions within the air basin due to traffic traveling to and from the project site. In addition, the City shall recommend that workers at surrounding commercial facilities participate in ride-share programs and or seek alternate forms of transportation to the site. • Future onsite commercial land uses shall implement shuttle services for their employees and patrons, as applicable. • Future project specific developments shall implement design measures the promote the use of alternative modes of transportation, such as: — Mixed-use development (combine residential, retail, employment, and commercial). — Sidewalks; safe street and parking lot crossings; showers and locker rooms; sheltered transit stops; theft-proof well-lighted bicycle storage facilities with convenient access to building entrance; carpools and vanpools. — Onsite services to reduce need for offsite travel such as: child care; telecommute center; retail stores; postal machines; and automatic teller machines. — Commercial and retail businesses should schedule operations during off-peak travel times; adjust business hours; and allow alternative work schedules, telecommuting. — Provide preferential parking for carpool/vanpool vehicles. — Construct transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc. — Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development. • Increase walls and attic insulation beyond Title 24 requirements. • Plant shade trees in parking lots to reduce evaporative emissions from parked vehicles. Robertson Ranch Master Plan Final EIR 24 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Use lighting controls and energy-efficient interior lighting, and built-in energy efficient appliances. • Use double-paned windows. • Use energy-efficient low sodium parking lot and street lights. AQ-4. Gas-burning "fireplaces," which would not be subject to the NSPS particulate emission requirements shall be required for residential units that have fireplaces. This requirement shall be shown on building plans and verified prior to the issuance of building permits. Implementation of this measure shall be verified by the City of Carlsbad Building and Planning Departments. * D. Factual Support and Rationale. The foregoing operational mitigation measures will reduce this impact to the extent feasible. Mitigation Measure AQ-3 requires that future project land uses incorporate methods to reduce mobile source emissions. These methods include, but are not limited to, the implementation of shuttle services and ride-share programs, and design measures such as mixed-use development and the provision of on-site services. Mitigation Measure AQ-4 requires gas-burning fireplaces not subject to the NSPS particulate emission requirements be required for residential units that have fireplaces. Development of the proposed project would be incremental, over approximately 10 years. The mitigation measures would reduce the proposed project's long-term CO, NOx, and ROG air quality impact, as a result of vehicular emissions, to the extent feasible; however, based on the current non-attainment status of the San Diego Air Basin, the CO, NOx, and ROG air quality impacts associated with the proposed project will remain significant and unavoidable. A. Impact. The potential for the proposed project to create VOC impacts is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure AQ-5. Zero emission VOC paints shall be utilized for all architectural coatings within the proposed Master Plan development. D. Factual Support and Rationale. Mitigation Measure AQ-5 would ensure that only zero emission VOC paints are used for architectural coatings within the proposed Master Plan development. As a result, no significant VOC emissions would be released from the proposed project and the potential for VOC impacts would be eliminated. Robertson Ranch Master Plan Final EIR 25 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 2.3 Noise A. Impact. Traffic associated with arterial roadway noise and future development within the proposed Master Plan will result in a significant noise impact as noise levels in excess of the established 60 decibel (dBA) Community Noise Equivalent Level (CNEL) exterior standard could be exceeded. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. ' C. Mitigation Measures. N-1. Prior to determining that a discretionary review application is complete, a site-specific (e.g., per Planning Area) acoustical assessment shall be prepared for future proposed residential projects in the East and West Village Planning Areas that front Tamarack Avenue, El Camino Real, Cannon Road, and/or College Boulevard (PA's 1, 7, 15, 17, 18, 21, and 22) and non-residential uses in PA's 11 and 22. This shall occur at the time specific grading and site plans are available, in order to determine the specific mitigation requirements for exterior and interior noise level compliance. The site-specific acoustical mitigation shall be identified on, and included as part of the project development plans. Mitigation based on the site-specific acoustical assessments may include installation of noise barriers greater than 12 feet in height (with respect to the finished pad vs. final roadway elevation) along portions of Tamarack Avenue, Cannon Road, College Boulevard, and El Camino Real to achieve a noise reduction of up to 18 dB, which is necessary in order to achieve attainment of the City of Carlsbad exterior and interior noise limits. City policy dictates that walls greater than six feet in height are not allowed. The recommended barrier height could include a combination of berm, wall (not to exceed six feet in height), plexiglass and/or elevational differential between the noise source and receptor. Compliance with this measure shall be verified by the City of Carlsbad Planning Department in conjunction with review of grading plans. N-2 For residential uses within PA's 1,7, 15, 17, 18, 21, and 22 and non-residential uses in PA's 11 and 22, architectural features needed to achieve the interior noise standard shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. All noise level reduction architectural components shall be shown on the architectural building plans, and shall be approved. This measure shall be implemented prior to the issuance of building permits for residential projects located within PA's 1,7, 15, 17, 18, 21, and 22) and non-residential uses in PA's 11 and 22 and verified by the City of Carlsbad Building and Planning Departments. D. Factual Support and Rationale. Mitigation Measure N-1 requires that a site-specific acoustical assessment be prepared for the above-mentioned Planning Areas when specific grading and site plans are available. This will ensure proper mitigation of potential noise impacts through installation of various noise barriers. Mitigation Measure N-2 requires that architectural features needed to achieve the interior noise Robertson Ranch Master Plan Final EIR 26 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations standard be noted on the building plans for the above-mentioned Planning Areas. This will ensure proper mitigation of potential interior noise impacts through architectural features. These mitigation measures require that the noise impacts be mitigated prior to on-site development. Implementation of these mitigation measures will ensure proper mitigation of potential impacts associated with on-site roadway noise levels to a level less than significant. A. Impact. The project site is located within the McClellan-Palomar Airport Noise Impact Notification Area (NINA). The NINA includes a three-mile radius, where 90 percent of all overflight* noise related complaints are received. The noise in this area typically occurs on an irregular basis, and although not generally considered a health or safety issue, it may be a nuisance. A significant impact is 6ssociated with the intermittent single-event aircraft overflight at the project site. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. N-3 New residents within the McClellan-Palomar Noise Impact Notification Area as defined by the CLUP shall be notified as part of the sales disclosure package and through CC&Rs that the project area is outside the 65 db(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. This measure shall be implemented concurrent with the sales disclosure package and prior to approval of CC&Rs. The City of Carlsbad Planning Department shall be responsible for verification of implementation of this measure. N-4 The following condition of approval shall be placed on all projects within the McClellan-Palomar Airport Noise Impact Notification Area: "Prior to the recordation of the first final (tract/parcel) map, or the issuance of the building permits, whichever occurs first, the Developer shall prepare and record a notice that the property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and City Attorney. (See Noise Form #2, on file in the Planning Department)." This measure shall be implemented prior to the recordation of the first neighborhood final (tract/parcel) map, or the issuance of building permits. The City of Carlsbad Planning Department shall be responsible for verification of implementation of this measure. D. Factual Support and Rationale. The foregoing mitigation measures require all new residential projects located within NINA to record a notice informing residents of the potential environmental impacts related to the aircraft, and that the property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport. Implementation of these mitigation measures will reduce the potential noise impact associated with intermittent single-event aircraft overflight to a level less than significant. Robertson Ranch Master Plan Final EIR 27 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 2.4 Biological Resources A. Impact. The proposed project would the following upland habitats: 21.22 acres of Diegan coastal sage scrub and 0.14 acre of chamise chaparral. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. i C. Mitigation Measures. / B-1 The primary mitigation for impacts to HMP Species under the HMP is the conservation and management of habitat for the species in the preserve system. The HMP also states, "In addition, in compliance with the Endangered Species Act requirements that the impacts of incidental take be minimized and mitigated to the maximum extent practicable, measures to avoid and reduce impacts will apply citywide on a project level basis." This measure requires that the development configuration depicted on the Master Tentative Map for the East and West Villages include a minimum of 70% of the on-site coastal sage scrub for preservation. A conservation easement shall be established for the proposed open space conservation areas. As a condition of project approval, the applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code Section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, Section 20.04.140, the applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. As such, prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the project applicant shall take the following actions to the satisfaction of the City of Carlsbad Planning Director in relation to the open space lot(s). The Wildlife Agencies (U.S. Fish and Wildlife Service and California Department of Fish and Game) shall review and approve the conservation entity, Property Analysis Record, and conservation easement: a. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Direct and Wildlife Agencies, to the selected Robertson Ranch Master Plan Final EIR 28 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. The PAR analysis for the open space preserve shall account for all of the monitoring and management items identified for all Carlsbad covered species, including the monitoring strategy identified in MHCP Volume III (see Appendix A.3). e. Prior to issuance of a grading permit or recordation of the first final map for each Phase, provide evidence of transfer of fee title or easement over the open space lot(s) (for each respective Phase) to the selected conservation entity. Timing of Open Space Dedication: East Village. An open space and/or conservation easement shall be recorded over PA 23D and PA 23E with the first final map (master final map) for the East Village. At that time, title to the land and/or beneficiary of the easement shall be transferred to the conservation entity or other management body acceptable to the City of Carlsbad. The developer shall continue to hold maintenance responsibility for restored or revegetated areas within these planning areas until the success criteria for the restored or revegetated areas has been met, and maintenance responsibility has been transferred. An easement for an area of coastal sage scrub restoration located within the habitat corridor on the West Village (which is the responsibility of the East Village developer) shall also be provided with the first final map (master final map) for the East Village. West Village. An open space and/or conservation easement shall be recorded over PA 23A, PA 23B and PA 23C with the first final map (master final map) for the West Village. At that time, title to the land and/or beneficiary of the easement shall be transferred to the conservation entity or other management body acceptable to the City of Carlsbad. The developer shall continue to hold maintenance responsibility for restored or revegetated areas within these planning areas until the success criteria for the restored or revegetated areas has been met, and maintenance responsibility has been transferred. B-2 Development and preservation areas shall be as shown on the exhibit labeled "HMP Hardline Map" dated September 15, 2004 (as shown on Figure 3-6 of this FPEIR). No fuel modification is permitted within the "hardline" open space areas depicted on Figure 3-7 (fuel modification is limited to those areas shown on Figures 5.10-1 and 5.10-2 only). A coastal sage scrub restoration program shall be implemented as shown on Figure 5.5-6. Restoration is proposed under two separate restoration plans as follows: All slopes within the wildlife corridor (East and West Villages) that are graded as part of the proposed project shall be restored with coastal sage scrub vegetation. The restoration program shall be subject to a five-year maintenance and monitoring program, with a requirement to meet agency-approved success criteria. This restoration program shall be approved by the Wildlife Agencies prior to the commencement of any clearing or grading associated with implementation of the proposed project (East and West Villages). The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency Robertson Ranch Master Plan Final EIR 29 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations measures with a commitment to funding. Such measure shall also be applicable to the ten (10) acres of additional coastal sage scrub restoration Calavera Hills II LLC will implement within the preserve areas of the project. The revegetation of Area A (MMRP Table A, as provided in Appendix D to the MMRP) will be the responsibility of the developer of the East Village and will be initiated prior to any clearing or grading of existing coastal sage scrub for the Robertson Ranch development. The revegetation of Area B (MMRP Table A, as provided in Appendix D to the MMRP) shall occur once grading to an approximate 5:1 slope gradient has been completed. This grading will be accomplished by the developer of the West Village upon expiration of the Parkway Nursery lease and vacation of the property by the Nursery operation. Wesf Village - PA 23C. A separate restoration plan shall be prepared and implemented for the portions of the project site within the habitat corridor currently subject to agricultural activity and the Parkway Nursery lease. The restoration program shall be subject to a five-year maintenance and monitoring program, with a requirement to meet agency-approved success criteria. This restoration program shall be approved by the Wildlife Agencies prior to the commencement of any clearing or grading associated with implementation of the proposed West Village. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. However, this component of the restoration plan would be less extensive than that identified above (restored slopes and 10-acre restoration area), consisting primarily of hydroseeding, and with limited plantings, with the goal to re-introduce native vegetation into these areas. This program would be implemented upon the expiration of the Parkway Lease (which expires in August 2006 and which will not be renewed). Upon the expiration of the Parkway Nursery lease, the entire habitat corridor along the SDG&E easement will be subject to a conservation easement and managed as open space, except for those specific activities SDG&E undertakes within its utility easement consistent with SDG&E's operation and maintenance requirements. Management of the corridor is anticipated to be performed by an independent private or public conservation entity experienced in management of biological resource areas. The amount of funds required to manage and ensure long-term biological integrity of the habitat corridor will be determined by a property analysis record (PAR) based on the specific requirements and potential for urban stress on the corridor. Standard protocol for funding of such corridors dictates that a non-wasting account (endowment) be set up by the owner of each portion of the property (East Village, West Village) for their respective portion of corridor to be managed. The re-introduction of CSS vegetation to Area C (MMRP Table A, as provided in Appendix D to the MMRP) will commence upon completion of grading within the corridor. The Future West Village Revegetation (re-introduction of CSS at PA3/EI Camino Real) shall occur at the time that grading for the future residential street between Planning Area 8/11 and Planning Area 10 in the West Village is completed. Robertson Ranch Master Plan Final EIR 30 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations B-3 Prior to the recordation of a final map or issuance of a grading permit, whichever occurs first, the applicant shall contribute an In-lieu Mitigation Fee (Category F) consistent with Section E.6 of the City's Habitat Management Plan and City Council Resolution No. 2000-223 as follows: • Non-Native Vegetation Mitigation Fee: East Village = 0.76 acre; West Village = 0.52 acre • Eucalyptus Woodland Mitigation Fee: East Village = 0.52 acre; West Village = 1.88 acre • Agricultural Lands Mitigation Fee: East Village = 0.00 acre; West Village = 8.47 acre • Agricultural Lands Mitigation Fee: East Village = 84.50 acre; West Village = 135.50 acre B-4 To avoid impacts to adjacent open space habitats during construction all impacted-open space interfaces will require construction fencing, which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be maintained for the duration of construction activity. Implementation of this measure shall be verified by the project Biological Monitor and reported to the City of Carlsbad Planning Department concurrent with construction. • The project applicant shall temporarily fence (with silt barriers) the limits of project impacts (including construction staging areas and access routes) to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the Service for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas (including riparian/wetland or CSS) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the Service. Any upland habitat impacts that occur beyond the approved fenced shall be mitigated at a minimum 5:1 ratio. Temporary construction fencing shall be removed upon project completion. B-5 A Wildlife Agency-approved biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City of Carlsbad Planning Department prior to and concurrent with construction. B-16 The project's open space shall be included within (contribute to) the Carlsbad Habitat Management Plan preserve areas. Management of the designated open space shall be undertaken by a professional management entity (e.g., Center for Natural Lands Management) with experience in managing biological open space in the Southern California region. An area specific management plan shall be developed and a non-wasting endowment or other financial guarantee shall be established (based upon a Property Analysis Record) by the developer to fund the management of the preserve except where other management funds become available. The designated management entity would ensure compliance with the HMP conditions of coverage for HMP species through implementation of the approved area specific management plan. Specifically, suitable riparian habitat for least Bell's vireo and yellow-breasted chat and suitable upland habitats for California gnatcatcher and southern California Robertson Ranch Master Plan Rnal EIR 31 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations rufous-crowned sparrow within the open space will be managed to meet the conditions of coverage for these species, if present. In order to provide for the cost of the long-term maintenance and biological monitoring program for the preserve, a long-term management program shall be defined and funded. The criteria for trail development (e.g., fencing, signage) shall be included in the management program. The property owner/on-site environmental manager will initially propose a scope of work for the long-term management program. The scope of work shall then be subject to review by the City and Wildlife Agencies. Based upon the scope of work and associated costs agreed to by the developer or their successors and the City, a funding mechanism for the long-term maintenance can be a non-wasting endowment or other financial guarantee acceptable to the City. The long-term maintenance program shall be a separate agreement between the City and the property owner. D. Factual Support and Rationale. The HMP provides conservation goals for LFMP Zone 14 that include, "no net loss of wetlands and conserve through preservation, restoration, or enhancement, of 67 percent of Coastal Sage Scrub." As proposed the Master Plan will preserve more than 70 percent of the existing coastal sage scrub habitat on-site. In addition to 70 percent preservation of existing coastal sage scrub habitat on-site, an Upland Habitat Restoration Plan, to be prepared and implemented as approved by the Wildlife Agencies, is proposed that would involve the restoration of coastal sage scrub habitat within PA's 23C and 23D. The proposed restoration areas currently contain extensive agriculture and a palm tree nursery. Restoration would involve revegetation of 17.4 acres and hydroseeding of 18.9 acres. In addition, to avoid impacts to adjacent open space habitats during construction, all impact-open space interfaces will require construction fencing, which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing will be maintained for the duration of construction activity. A Wildlife Agency-approved biological monitor with the authority to stop work will be present during grading and construction activities to ensure compliance with this measure. Implementation of these mitigation measures would reduce the significant impact to coastal sage scrub and chamise chaparral to a level less than significant. A. Impact. The proposed project would impact the following wetland/riparian habitats: coastal valley freshwater marsh (0.22 acre) and southern willow scrub (0.61 acre). Based on Master Plan design, approximately 0.57 acre of wetlands and 0.29 acre of non-wetlands of ACOE jurisdiction will be impacted and approximately 1.05 acres of riparian vegetation and 0.27 acre of unvegetated streambed of CDFG will be impacted. These impacts are considered significant. These impacts would only be in the West Village. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure B-7. This measure requires that "no net loss" of wetlands will occur with development of the proposed project. The development configuration of the Master Tentative Map for the East Village shall include the proposed on-site restoration area, unless prior to this time some offsetting mitigation credit is given by the Wildlife Agencies for biological enhancement within the West Village. A Robertson Ranch Master Plan Final EIR 32 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations minimum of 0.22 acre of coastal and valley freshwater marsh and 0.61 acre of southern willow scrub shall be provided. (Refer to EIR Table 5.5-7 provided in Appendix E of the MMRP). A 100-foot buffer from wetland vegetation shall be provided where feasible. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, and the U.S. Fish and Wildlife Service staff shall be consulted in such buffer determinations. Notwithstanding that all wetlands and riparian impacts (0.83 ac.) are a result of the West Village development; the mitigation site is located within the boundaries of the East Village (within the panhandle, adjacent to the existing Calavera Hills mitigation project), or within the on-site habitat corridor in a location approved by the Resource agencies. As proposed, the restoration areas on the project site (PA 23E) contains sufficient area so as to exceed normal mitigation requirements. Figure 5.5-7 [of the PEIR] depicts the location of future on-site wetlands/riparian restoration areas. Also, prior to approval of a grading permit for the West Village, the Planning Director shall confirm that a wetlands/riparian restoration plan has been prepared and approved by the California Department of Fish and Game and the U.S. Army Corps of Engineers. Further, enhancement or restoration within the Drainage A riparian corridor (between PA 1 and PA 2) can also constitute mitigation credit for wetlands impacts. D. Factual Support and Rationale. Proposed mitigation requires that "no net loss" of wetlands will occur with development of the proposed project and that a restoration plan is prepared and approved by the Wildlife Agencies. No wetland impacts are proposed in the East Village. Prior to approval of a grading permit for the West Village, a wetlands/riparian restoration plan will be prepared and approved by the Wildlife Agencies for proposed wetland impacts in the West Village. The impacts to wetlands in the West Village will be mitigated for in the East Village. The development configuration of the Master Tentative Map for the East Village will include the proposed on-site restoration area, unless prior to this time some offsetting mitigation credit is given by the Wildlife Agencies for biological enhancement within the West Village. Implementation of Mitigation Measure B-7 would reduce the impacts to wetlands to a level less than significant. A. Impact. There is the potential for a significant indirect impact to the gnatcatcher as a result of noise generated during construction on the project site. In addition, loggerhead shrikes may also be indirectly impacted as a result of construction noise because they nest in coastal sage scrub, the habitat of the gnatcatcher. B. Finding. (1) With incorporation of the following mitigation measures, the identified indirect significant impact would be avoided and thereby reduced below a level of significance. Robertson Ranch Master Plan Final EIR 33 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Mitigation Measures B-8 This measure requires, per the HMP, no clearing of occupied gnatcatcher habitat or construction that would result in direct impacts to sage scrub or which occurs within 300 feet of occupied sage scrub shall take place between February 15 and August 31st unless authorized by the Wildlife Agencies after consultation. Since the project's focused gnatcatcher surveys were conducted in 2001, updated protocol-level surveys shall be performed no longer than one year before the initiation of project construction for the East Village, and subsequently, no longer than one year before the initiation of project construction for the West Village, to provide an accurate mapping of current occupied habitat. Surveys for loggerhead shrike shall also be conducted concurrently with gnatcatcher surveys. If clearing and construction cannot be restricted to outside of the breeding season appropriate conservation measures shall be implemented, subject to the approval of the Wildlife Agencies, to ensure that no impact to this species occurs. Avoidance of noise-related impacts to occupied habitat can be assured through implementation of noise reduction methods (e.g., a noise barrier or wall) to reduce noise within occupied habitat to a level below 60 dBA and/or as allowed by the Wildlife Agencies. Implementation of this measure shall be verified by the City of Carlsbad Planning Department concurrent with construction. B-17 A monitoring biologist approved by the Service shall be on site during initial clearing and grubbing of habitat, which shall occur outside of the gnatcatcher breeding season, or as allowed pursuant to Mitigation Measure B-8. The monitoring biologist shall perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint outside the gnatcatcher breeding season. Surveys shall begin a maximum of seven days prior to performing vegetation clearing/grubbing and one survey shall be conducted the day immediately prior to the initiation of remaining work. If any gnatcatchers are found within the project impact footprint, the biologist shall direct construction personnel to begin vegetation clearing/grubbing in an area away from the gnatcatchers. In addition, the biologist shall walk ahead of clearing/grubbing equipment to flush birds towards areas of CSS to be avoided. It shall be the responsibility of the biologist to ensure that gnatcatchers shall not be injured or killed by vegetation clearing/grubbing. The biologist shall also record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. The applicant shall notify the Service at least seven days prior to vegetation clearing/grubbing to allow the Service to coordinate with the biologist on bird flushing activities. B-18 For subsequent construction work performed during the gnatcatcher breeding season, a monitoring biologist shall be on site during significant noise-generating project construction activities (e.g., including but not necessarily limited to grading, drilling, blasting, etc.) within 300 feet of preserved habitat to ensure compliance with all conservation measures. The biologist shall be knowledgeable of upland biology and ecology. The applicant shall submit the biologists name, address, telephone number, and Robertson Ranch Master Plan Final EIR 34 May 8,2006 Findings ot Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations work schedule on the project to the Service at least 30 days prior to initiating project impacts. The biologist shall perform the following duties: • The project biologist shall determine the presence of gnatcatchers, nest building activities, egg incubation activities, or brood rearing activities within 300 feet of the project impact limits within the gnatcatcher breeding season. The applicant shall notify the Service within 24 hours of locating any gnatcatchers. If a nest is found in or within 300 feet of initial vegetation clearing/grubbing or project construction, work shall be postponed within 500 feet of the nest. The applicant shall contact the Service to discuss: 1) the best approach to avoid/minimize impacts to nesting birds (e.g., sound walls), and 2) a nest monitoring program. The surveys shall begin a maximum of seven days, prior to vegetation clearing/grubbing or project construction and one survey shall be conducted the day immediately prior to the initiation of work; • Work may be initiated subject to implementation of the avoidance and/or minimization measures and nest monitoring program approved by the Service. Nest success or failure shall be established by regular and frequent trips to the site, as determined by the biologist and through a schedule approved by the Service. The biologist shall determine whether bird activity is being disrupted. If the biologist determines that bird activity is being disrupted, the applicant shall stop work and coordinate with the Service to review the avoidance/minimization approach. Coordination between the applicant and Service to review the avoidance/minimization approach shall occur within 48 hours. Upon agreement as to the necessary revisions to the avoidance/minimization approach, work may resume subject to the revisions and continued nest monitoring. Nest monitoring shall continue until fledglings have dispersed or the nest has been determined to be a failure, as approved by the Service; • Inspect the fencing and erosion control measures within or up-slope of all restoration and/or preservation areas a minimum of once per week and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired immediately; • Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) the conservation measures given in the draft subsequent EIR that shall be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) environmentally responsible construction practices as outlined in measure 8; 5) the protocol to resolve conflicts that may arise at any time during the construction process; and, 6) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the Endangered Species Act; Robertson Ranch Master Plan Final EIR 35 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Halt work, if necessary and confer with the Service to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the Service within 24 hours of its occurrence; • Submit weekly letter reports (including photographs of impact areas) to the Service during clearing of habitat and/or project construction within 300 feet of avoided habitat. The weekly reports shall document that authorized impacts were not exceeded, work did not occur within * the 300-foot setback except as approved by the Service, and general compliance with all conditions. The reports shall also outline the duration of gnatcatcher monitoring, the location of ' construction activities, the type of construction which occurred, and equipment used. These reports shall specify numbers, locations, and sex of gnatcatchers (if present), observed gnatcatcher behavior (especially in relation to construction activities), and remedial measures employed to avoid, minimize, and mitigate impacts to gnatcatchers. Raw field notes shall be available upon request by the Service; and, • The biological monitor shall submit a final report to the Service within 60 days of project completion that includes: as-built construction drawings with an overlay of habitat that was impacted and avoided, photographs of habitat areas that were to be avoided, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance with all mitigation measures in the EIR was achieved. B-22 The project shall comply with all applicable conditions of coverage for Carlsbad HMP covered sensitive animal species observed on the project site, as identified in the MHCP Volume II, including: a) Cooper's hawk; b) Least Bell's vireo; c) Yellow-breasted chat. D. Factual Support and Rationale. The foregoing mitigation measures place restrictions on the clearing of occupied gnatcatcher habitat or construction that would result in direct impacts to sage scrub or which occurs within 300 feet of occupied sage scrub. If clearing of habitat and subsequent construction cannot be restricted, appropriate conservation measures such as noise reduction methods (i.e., a noise barrier or wall) will be identified and implemented, through agreement with the Wildlife Agencies to ensure that no direct or indirect impact to gnatcatchers will occur. In addition, focused California gnatcatcher surveys are required to be performed no longer than one year prior to the commencement of construction in the East and West Villages. After implementation of Mitigation Measures B-8, B-17, B-18, and B-22, the indirect impact to gnatcatchers would be reduced to a level less than significant. Loggerhead shrike is a species that would potentially nest in coastal sage scrub, which is the same habitat as the gnatcatcher. Therefore, implementation of Mitigation Measure B-8 would reduce the indirect impact to loggerhead shrike to a level less than significant. Robertson Ranch Master Plan Final EIR 36 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations A. Impact. The proposed project has the potential to indirectly impact the least Bell's vireo and southwestern willow flycatcher as a result of construction noise during construction activity. This potential indirect impact is considered significant. B. Finding. (1) With incorporation of the following mitigation measures, the identified indirect significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. Implementation of Mitigation Measure B-22, as described above, and Mitigation Measure B-9 as follows: / B-9 This measure requires that if sensitive nesting birds (e.g., least Bell's vireo or southwestern willow flycatcher) are located outside of the project footprint, but within 300 feet of the proposed work area, noise reduction measures (e.g., noise barrier/wall) shall be implemented to prevent noise impacts within occupied habitat during the breeding season (April 15 through July 31) subject to approval of the Wildlife Agencies. Focused surveys for the vireo and flycatcher were conducted in 2001. If work is proposed within 300 feet of suitable habitat during the breeding season, updated surveys are required to ensure that current occupied habitat is identified and appropriate noise reduction measures are implemented as necessary. Noise reduction measures will need to meet the minimum standard of reducing noise levels to below 60 dBA within occupied habitat, unless otherwise agreed upon by the Wildlife Agencies. If construction within 300 feet of riparian scrub or woodland habitat is not proposed during the breeding season, updated surveys are not required. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. D. Factual Support and Rationale. Comparable to the focused gnatcatcher surveys, vireo and flycatcher surveys were conducted in 2001. Mitigation Measure B-9 requires that if sensitive nesting birds are located outside of the project grading and clearing footprint, but within 300 feet of the proposed work area, noise reduction measures (e.g., noise barrier/wall) will need to be implemented to prevent noise impacts within occupied breeding season habitat. In addition, work is proposed within 300 feet of suitable habitat during the breeding season, updated surveys are required to ensure that occupied habitat at the time of construction activity is identified and appropriate noise reduction measures are implemented as necessary. Mitigation Measure B-22 requires compliance with applicable conditions of coverage for the Carlsbad HMP covered sensitive animal species observed on the project site. Implementation of Mitigation Measures B-9 and B-22 would reduce the indirect impact associated with least Bell's vireo and southwestern willow flycatcher to a level less than significant by avoiding the nesting birds to the greatest extent feasible. A. ' Impact. Although not detected during on-site surveys in Winter 2005, burrowing owls may utilize the project site for wintering or breeding as suitable habitat exists on-site. These owls burrow and nest in abandoned rodent holes, which have the potential to be impacted during grading activity on-site. The potential for grading activity to impact the burrowing owl is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Robertson Ranch Master Plan Final EIR 37 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Mitigation Measures. Implementation of Mitigation Measure B-22, as described above, and Mitigation Measure B-10 as follows: B-10 This measure requires, per the HMP, that protocol surveys for burrowing owl shall be conducted in all Standards Areas and any areas outside of the Focus Planning Areas that contain suitable habitat. Winter surveys were conducted in 2005 and pre-grading surveys shall be conducted prior to any construction. The surveys would serve to identify owl burrow locations for the purposes of avoidance (where practicable) or passive relocation. Specifically, if burrowing owls are identified on-site, the following HMP mitigation measured would be implemented: • Development shall avoid direct impacts to the nest site to the maximum extent practicable. If impacts are unavoidable, any impacted individuals shall be relocated to a conserved area of suitable size and characteristics, using passive or active methodologies approved by the Wildlife Agencies. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. D. Factual Support and Rationale. As required in Mitigation Measure B-10, protocol surveys for burrowing owls will be conducted, in the spring prior to construction, in all HMP Standards Areas (on the project site) and any areas outside of the Focus Planning Areas that contain suitable habitat. If burrowing owls are present on-site, the project would take the locations of the burrowing owls into consideration in order to avoid (where practicable) or passively relocate the species. Mitigation Measure B-22 requires compliance with applicable conditions of coverage for the Carlsbad HMP covered sensitive animal species observed on the project site. Implementation of Mitigation Measures B-10 and B-22 will reduce the potential impact associated with the burrowing owl to a level less than significant. A. Impact. Raptors may nest on-site in large eucalyptus trees or other suitable nesting areas. The impact to raptors would be considered significant if active nests are observed during construction. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. Implementation of Mitigation Measure B-22, as described above, and Mitigation Measure B-l 1 as follows: B-11 Prior to the issuance of a grading permit for the East Village, and subsequently the West Village, a biological survey shall be conducted of the project area (if grading is proposed during the breeding season). If active raptor and/or migratory bird nests are observed during the construction phase of both the East Village and subsequently the West Village, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees should be removed outside of the breeding season of local raptor species (trees should be removed between September through January). Noise attenuation and buffer (if required) shall remain in place until the construction Robertson Ranch Master Plan Final EIR 38 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. D. Factual Support and Rationale. As required in Mitigation Measure B-ll, if grading is proposed during the breeding season, a biological survey will be conducted in the project area prior to issuance of the East and West Village grading permits. If active nests are observed during the construction phase, a buffer will be required between the construction activities and the nest. The noise attenuation techniques and/or buffer would remain in plate until the construction activities are completed or the nest is no longer active. Mitigation Measure B-22 requires compliance with applicable conditions of coverage for the Carlsbad HMP covered sensitive dnimal species observed on the project site. Implementation of Mitigation Measures B-ll and B-22 will reduce the potential impact associated with raptors to a level less than significant. A. Impact. The northwesterly and northeasterly branches of Linkage B of the HMP are located within the project site. Linkage B is a wildlife corridor. Development of the project site has the potential to disrupt the corridor connection for Linkage B as envisioned in the HMP. The potential for this disruption is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure B-12. This measure requires avoidance and/or mitigation of impacts associated with roadways (within Linkage B); additional measures (e.g., fencing, lighting restrictions) shall be required to encourage the continued use of the corridor and use of the two under crossings. It shall be noted that only the first of these criteria (i.e., the fencing) is a direct responsibility of the Robertson Ranch project relative to the College Boulevard undercrossing. The required measures are described below: • Where roads cross the corridor (Linkage B) a substantial fence shall be erected to funnel wildlife toward appropriate underpasses. These fences shall be buried at least one foot underground so animals cannot readily dig underneath. As stated previously, fencing is not proposed along El Camino Real, where it would occur on one side of the road only and could trap wildlife on the roadway. The ultimate design and specific location of the fencing will be decided in coordination with the Wildlife Agencies. Also, natural vegetative cover shall be established and maintained at either end of the wildlife underpasses. Concrete V-ditches should be eliminated to allow for natural stream flows, and any water drainage area in the base of each culvert should be as narrow as possible and placed to the side, rather than the center. • Installation of a 6 foot high (measured from the ground up) wing fencing on both sides of the culvert. The fencing should have mesh that is smaller than 10 centimeters by 15 centimeters. • Noise within the culverts should not exceed 60 dBA Leq. This could be accomplished by the use of sound walls. Robertson Ranch Master Plan Final EIR 39 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • No artificial light should stray within the culvert openings. • Use of skylight openings within the underpass (on any new underpass) to allow for vegetation cover within the underpass. • All undercrossings shall be surrounded by native vegetation. Implementation of this measure shall be verified by the City of Carlsbad Planning and Engineering Departments at the time specific plans for the proposed undercrossings are prepared and submitted to the City for review. The proposed wildlife corridor design shall be reviewed by a qualified biologist. / D. Factual Support and Rationale. Mitigation Measure B-12 ensures that project site design standards maintain a corridor connection for-Linkage B as envisioned in the HMP. The mitigation measure requires avoidance and/or mitigation of impacts associated with roadways (within Linkage B) and additional measures (e.g., fencing, lighting restrictions) will be required to encourage the continued use of the corridor and use of the two roadway undercrossings. Implementation of Mitigation Measure B-12 will reduce the potential disruption of Linkage B by ensuring compliance with design standards that will maintain corridor connection for Linkage B on the project site. A. Impact. Direct impacts to native vegetation communities usually result in indirect impacts to the remaining, adjacent native vegetation and wildlife communities. The indirect effects of greatest concern for the proposed project are increased potential for invasion of native habitats by invasive exotic floral species (i.e., giant cane, pampas grass), potential for increased artificial lighting within adjacent, preserved habitats, and edge effects on sensitive species, including edge effects from trails. These potential indirect effects are considered significant impacts to the open space areas within and adjacent to the project site. B. Finding. (1) With incorporation of the following mitigation measures, the identified indirect significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. Implementation of Mitigation Measures B-17, B-18, and B-22, as described above, and Mitigation Measures B-l 3, B-l 4, B-l 5, and B-l 9 as follows: B-13 This measure requires that prior to approval of future building permits, each development shall be inspected by the City's Parks and Planning Departments to determine that the lighting restrictions established by the "Agreement" with the' Wildlife Agencies will avoid excess illumination of open space areas through repositioning, redirecting (shielding, down-casting), and/or the use of low sodium lighting. The sports park lighting, and any periphery lighting (including low-sodium lights) adjacent to the wildlife habitat corridor shall be designed so that there is no measurable (shall not exceed 3 footcandles) light spillover into the habitat corridor, and a small passive use area will be included in the park's design at the top of slope to buffer the wildlife corridor. In areas where spillover exceeding 3 footcandles cannot be avoided, trees shall be located near the light standards to filter the light spillover into the open space. The following measures shall be implemented: • Maximum light spillover shall not exceed 3 footcandles Robertson Ranch Master Plan Final EIR 40 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Use of full cut-off lighting fixtures • Limit hours of operation to 10:00 p.m. (park use) • Additional trees shall be planted between the open space and residential areas and the future sports field light standards. The Wildlife Agencies will provide further review of the lighting analysis prepared for the Robertson Ranch Master Plan Program EIR and the proposed lighting plan to ensure that light spillover has been appropriately attenuated. ' B-14 To ensure continued use of Linkage B and dll areas of biological open space by a variety of HMP species, efforts to reduce detrimental edge effects shall be undertaken. Any linear vegetation feature has an increased amount of edge relative to a large vegetation patch. If this increased amount of edge is bordered by development or disturbed habitat the potential for detrimental edge effects is high. To combat these effects the following measures are required: • Residents whose lots back onto the Linkage lands, should be apprised through the developments CC&R's of the sensitivity of the adjacent lands via signage and informed of penalties for illegal intrusion (via uncontrolled access points or expansion of landscaping, etc.), and/or illegal dumping (materials into biological open space). • Fencing shall be installed to deter open access to the biological open space where the open space lies adjacent to residential development, ancillary facilities, or a roadway. Fencing should also preclude (to the extent feasible) access of the open space by domestic pets. Access points to the biological open space should be carefully controlled to reduce habitat degradation. B-15 Two noxious plant species: giant cane (arundo donax) and pampas grass (cortaderia jubafa) shall be eliminated from all areas of the property to be retained in open space. If identified, additional significant noxious plant species currently growing within Linkage B, shall be flagged by a trained biologist and carefully removed (if such a removal can practically be achieved) so that seeds are not dispersed. In addition, the use of invasive exotic plants within landscaping areas adjacent to the proposed open space areas shall be prohibited through the application of Covenants, Conditions, and Restrictions (CC&R's). The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City of Carlsbad Planning Department during review of proposed landscape plans. B-19 The applicant shall ensure that, the following conditions are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; Robertson Ranch Master Plan Final EIR 41 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • To avoid attracting predators of the gnatcatcher, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; ' • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas outside of waters of the United States within the fenced project impact limits and in such a manner as to prevent any runoff from entering waters of the United States, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans; • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from natural habitats; • The project applicant shall temporarily fence (with silt barriers) the limits of project impacts (including construction staging areas and access routes) to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the Service for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas (including riparian/wetland or CSS) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the Service. Any upland habitat impacts that occur beyond the approved fenced shall be mitigated at a minimum 5:1 ratio. Temporary construction fencing shall be removed upon project completion; • Landscaping shall not use plants that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas shall be directed away from the biological conservation easement area and contained and/or treated within the development footprint, where feasible. The applicant shall submit a draft list of species to be included in the landscaping to the Service for approval at least 30 days prior to initiating project impacts. The applicant shall submit to the Service the final list of species to be included in the landscaping within 30 days of receiving approval of the draft species list. • The San Diego County Invasive Ornamental Plan Guide shall be used in developing the landscape plan for the proposed project. Robertson Ranch Master Plan Final EIR 42 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Restrictions on the use of invasive plant species shall be included in the project CC&R's. • Coyote Roller devices shall be installed on fences that interface with the perimeter of proposed open space preserve areas, to the extent feasible. B-23 Proposed trails specifically allowed within the proposed Master Plan open space planning areas shall be managed by the City of Carlsbad or by a conservation management entity with familiarity with the specific Recreation and Public Access measures identified in MHCP Volume I. The Robertson Ranch Open Space management program shall be consistent with these measures? including provision of litter control, limiting use during the breeding season, discouraging trespass off of the trail, prohibiting equestrian uses on the trail, erosion control, provision of signage, lighting restrictions, limitations on biking, and establishment of patrols to monitor. D. Factual Support and Rationale. Mitigation Measure B-13 requires that prior to approval of future building permits, each development will be inspected by the City's Planning and Building Departments to ensure that the lighting restrictions established by the "Agreement" with the Wildlife Agencies have been implemented. The sports park lighting will be designed so there is no measurable light spillover into the habitat corridor, and a small passive use area will be included in the park's design at the top of slope to buffer the wildlife corridor. The Wildlife Agencies will provide further review of the lighting analysis prepared for the project's EIR to ensure that light spillover has been appropriately attenuated. These restrictions would avoid excess illumination of open space areas through repositioning, redirecting (shielding, down- casting), and/or the use of low sodium lighting. The Master Plan requires shielding or redirecting all light within 100 feet of open space away from the open space to avoid indirect impacts. Mitigation Measure B-14 ensures continued use of Linkage B and all areas of biological open space by a variety of HMP species through efforts to reduce detrimental edge effects. These efforts include appraisal of residents through the Covenants, Conditions, and Restrictions (CC&Rs) of the sensitivity of the adjacent lands and fencing to deter open access to biological open space where the open space lies adjacent to residential development, ancillary facilities, or a roadway. Mitigation Measure B-15 would ensure the proper removal of two noxious plant species: giant cane (arundo donaxj and pampas grass (corfaderia jubafa), from all areas of the property to be retained in open space. Mitigation Measure B-19 contains general conditions that need to be met during and after construction. Mitigation Measure B-22 requires compliance with applicable conditions of coverage for the Carlsbad HMP covered sensitive animal species observed on the project site. Mitigation Measure B-23 contains general conditions for management of proposed trails and open space within the proposed project site. Implementation of Mitigation Measures B-13, B-14, B-15, B-19 B-22, and B-23 would reduce the significant indirect impacts to adjacent native vegetation and wildlife communities to a level less than significant. Robertson Ranch Master Plan Final EIR 43 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations A. Impact. Vernal pools are located within PA23E, which is proposed for open space. From a hydrological standpoint, PA 23E is separated from the remainder of the project site. The existing hydrological conditions in PA 23E will not change as a result of the proposed project; however, there is the potential for the hydrology and watershed of the vernal pools to be degraded. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. ' C. Mitigation Measure B-20. The following vernal pool management actions shall be incorporated into the preserve management of PA 23E: • Fencing around the vernal pool areas shall be installed to prevent potential impacts from foot traffic and to prevent collection of any flowering plants or tadpoles, particularly in light of the pools' location immediately down slope from a residential, landscaped area. • Pool hydrology is likely to be effected by summer runoff from the off-site, upslope development. Changes in drainage patterns and the possible addition of fertilizer or herbicide runoff from the upslope landscaping may transform pools into more permanent wetlands or transform the vegetative components of the pools by favoring invasive species. The preserve manager shall work closely with the adjacent Calavera Hills homeowners association and their landscape maintenance contractor to avoid application of excess drainage, herbicides and pesticides upslope from the existing vernal pools. • Exotic plant invasion shall be prevented through the use of selective weeding, appropriate herbicide application, or designed grazing. D. Factual Support and Rationale. The foregoing mitigation measure places ensures vernal pool management efforts will be undertaken by the preserve manager to ensure that the hydrology and watershed of the vernal pools remains properly protected within the context of the proposed open space. After implementation of Mitigation Measure B-20, the potential for a significant impact to the vernal pools will be reduced to a level less than significant. A. Impact. The thread-leaved brodiaea (Brodiaea filifolia) is a federally threatened and state endangered species and is listed on the California Native Plant Society's List IB. The thread-leaved brodiaea was not observed on the project site during 2001 general biological surveys nor during the spring 2002 or 2003 focused thread-leaved brodiaea surveys; however, the potential remains for the thead- leaved brodiaea to exist after high amounts of precipitation. B. Finding. (1) With incorporation of the following mitigation measures, the identified indirect significant impact would be avoided and thereby reduced below a level of significance. Robertson Ranch Master Plan Final EIR 44 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Mitigation Measure B-21. East Village. Additional focused surveys for the Brod/aeo filifolia shall be conducted within the clay soil regions of the East Village (clay soils are located only in locations south of Cannon Road) prior to grading only if winter into spring 2005-2006 rainfall exceeds 10 inches. If rainfall exceeds 10 inches in the season prior to grading, and if a new Brod/aea filifolia survey is necessary, and if Brod/aea filifolia is found, per HMP narrow endemic conservation standards (HMP, pages D-89 and D-90) it would be subject to required preservation of 80% of any newly discovered population. If precipitation is less than 10 inches, the results of the 2003 surveys shall be considered the best available assessment of this species presence/absence status on-site and no further action related to this species is necessary. t West Village. If sufficient precipitation (greater than 10 inches) occurs prior to grading of the West Village, surveys shall be conducted to provide an opportunity to identify Brod/aea filifolia under peak emergence conditions. Surveys for the West Village should not necessarily be conducted immediately prior to ground disturbance. The survey timing shall be dictated by optimal emergence conditions. If precipitation of greater than 10 inches does not occur prior to grading for the West Village, then the results of the 2003 surveys shall be utilized to assess impacts to this species. D. Factual Support and Rationale. Mitigation Measure B-21 requires focused surveys for the thread- leaved brodiaea to be performed prior to grading only if seasonal precipitation exceeds 10 inches. Implementation of Mitigation Measure B-21 ensures that no impact to the thread-leaved brodiaea occurs. 2.5 Cultural Resources A. Impact. Five significant archaeological resources (SDI-10,609; SDI-10,610; SDI-10,611; SDI-16,135, and SDI-16,138) will be impacted by proposed grading on the project site. The project's impact to these archaeological resources is considered significant due to the potential of these sites to expand the understanding of the subsistence patterns of the late prehistoric Luiseno people in the Carlsbad area. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. Prior to the issuance of grading permits for the East and West Villages, the following mitigation measure shall be implemented: CR-1 A phased data recovery system shall be completed for the significant archaeological sites impacted by the proposed project in compliance with the City of Carlsbad's Cultural Resource Guidelines Criteria and Methodology for completing a Data Recovery Program Phase III (City of Carlsbad, 1990). This phased data recovery approach shall be employed to ensure that the scope of proposed sampling is valid with respect to research questions that address data gaps of impact and interest. Data recovery provides Robertson Ranch Master Plan Final EIR 45 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations for a sample of the site to be excavated, artifacts and ecofacts to be analyzed, special studies (i.e. radiocarbon dating, residue analysis, obsidian hydration and sourcing) and a report of findings which addresses the important research questions. A research design shall be prepared prior to data recovery, subject to peer review, prior to initiation of data recovery. In addition, monitoring of brushing, grading, and trenching shall be required during the construction of the project in order to identify any significant components of each archaeological site that were not observed during data recovery excavations. Monitoring will also focus on any potential to discover sites thtiit were not identified in the previous surveys due to the resources being buried or masked from view. In the event that any previously unrecorded sites are discovered during brushing, grading, or trenching, a significance evaluation shall be performed, and, if found to be important, mitigation applied before grading can resume at the location of the discovery. All archaeological resources, unless otherwise required by law and other than burial-related artifacts, that are excavated or removed from prehistoric or historic sites during testing, data recovery projects and all associated project data, including but not limited to field notes, photos, catalogues and final reports will be permanently curated at a qualified repository as defined by the "State of California Guidelines for the Curation of Archaeological Collections." Owner (project developer) agrees additionally to execute a release of title form and to pay such fees as required for curation that are in effect at such qualified repository at the time of curation. All curation shall be accomplished within six (6) months from completion of project. The applicant shall provide verification that a qualified archaeologist and/or archaeological monitor has been retained to implement the archaeological construction monitoring and data recovery programs. Verification shall be documented by a letter from the applicant and the archaeologist/archaeological monitor to the City. Additionally, the following mitigation measures shall be implemented prior to and during grading activities: CR-2 As a means of mitigating cultural concerns of the Luiseno people, monitoring of grading in the archaeological site locations shall be performed by either knowledgeable Luisenos or archaeologists. The field monitors shall have the authority to temporarily halt grading and to examine prehistoric resources if they are encountered. Prior to the commencement of grading for the East and West Villages, respectively, the Construction Contractor shall meet with Archaeological Monitor to determine when grading and archaeological monitoring would take place in proximity to archaeological sites. CR-3 Prior to commencement of grading of the East and West Villages, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. In the event archaeological features are discovered, the archaeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. Work outside the area of the find shall proceed along with the continuation of archaeological monitoring. Robertson Ranch Master Plan Final EIR 46 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations D. Factual Support and Rationale. Mitigation Measure CR-1 requires that a data recovery program be conducted for each significant archaeological site impacted by the proposed project. After the data recovery program is conducted, the archaeological resources will no longer be significant. In addition, Mitigation Measures CR-2 and CR-3 ensure proper monitoring during grading of the archaeological sites and proper handling of archaeological features in the event that they are discovered. Thus, implementation of the above-mentioned mitigation measures will reduce the impact to a level less than significant. 2.6 Geology/Soils A. Impact. According to the geotechnicai report, the project site has earth materials that are unsuitable for the support of settlement sensitive improvements and/or compacted fill. These materials include undocumented stockpile, existing undocumented fill, surficial slump deposits, colluvial soil, alluvium, and near-surface highly weathered formational earth materials (i.e. sedimentary and/or igneous bedrock). These soils are not considered suitable for foundation and/or fill support unless the materials are removed, moisture conditioned, and placed as properly compacted fill. In addition, some soils on the project site have the potential to be expansive and very erosive. These soil impacts are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure GS-1. Prior to approval of final engineering and grading plans for individual planning areas within the East or West Villages, the City shall verify that all recommendations contained in the Updated Geotechnicai Evaluation of the Robertson Ranch Property (GeoSoils, Inc., 2004) have been incorporated into all final engineering and grading plans. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnicai recommendations contained in the geotechnicai report. This report identifies specific measures for mitigating geotechnicai conditions on the project site, and addresses soils earthwork, corrosion and expansion potential, subsurface waters, slope stability, liquefaction stability, and regional seismicity and faulting. D. Factual Support and Rationale. Mitigation Measure GS-1 requires that all future grading and construction of the project site comply with the geotechnicai' recommendations contained in the Geotechnicai Evaluation of the Robertson Ranch Property (GeoSoils, Inc., 2004), which identifies the removal and moisture conditioning of these materials prior to use as compacted fill. This mitigation measure, as well as standard City Conditions of Approval, will ensure the project site soils are suitable for project development. Thus, the impact will be reduced to a level less than significant. Robertson Ranch Master Plan Final EIR 47 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations A. Impact. As is all of Southern California, the project area is located in a seismically active region. Potential seismic related impacts related to the project site are liquefaction and dynamic settlement. Liquefaction potential has been identified in the alluvial areas of the project site as a result of a shallow groundwater table. Ground accelerations generated from a seismic event can produce settlement in sands above and below the groundwater table. The alluvial materials onsite are loose and could settle during a seismic event. The potential for liquefaction and dynamic settlement is a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure GS-2. Prior to approval of final engineering and grading plans for individual planning areas within the East or West Villages, the City shall verify that all recommendations contained in the Updated Geotechnical Evaluation of the Robertson Ranch Property (GeoSoi/s, Inc., 2004) have been incorporated into all final engineering and grading plans. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. A minimum 10 to 15 foot layer of non-liquefiable soil material (i.e., compacted fill plus alluvium above the groundwater table) shall be provided beneath any structure. If the groundwater table rises above its current level, then new design and construction measures will need to be included into the proposed project to reduce any potential liquefaction impacts. D. Factual Support and Rationale. The geotechnical analysis indicates that damaging deformations that result from liquefaction should not adversely affect proposed development provided that a minimum 10 to 15 foot layer of non-liquefiable material (i.e. compacted fill plus alluvium above the water table) is provided beneath any proposed structure. Thus, with the 10 to 15 foot layer of non-liquefiable material, the liquefaction impact will be reduced to a level less than significant. The 10 to 15 foot layer will also be sufficient to reduce the potential dynamic settlement impact to a level less than significant. 2.7 Paleontological Resources A. Impact. Implementation of the proposed project will require earthwork that will occur within quaternary (Pleistocene age) and tertiary age deposits, including the Santiago Formation. These formations have a high paleontological resource sensitivity. Because the proposed project will disturb geological formations that have a high sensitivity, the potential impact to paleontological resources is considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Robertson Ranch Master Plan Final EIR 48 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Mitigation Measure PR-1. Prior to site grading, a qualified paleontologist shall be retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontology procedures and techniques). • The qualified paleontologist shall be present at the pre-construction meeting to consult with grading and excavation contractors. • A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed Santiago Formation to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) • When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. • Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. • Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as City Hall. • A final summary report shall be completed and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. D. Factual Support and Rationale. The geologic nature of the site creates the potential for paleontological resources being uncovered during grading operations. The mitigation measure requires a monitoring program and approved qualified paleontological monitor be present during initial grading, and pregrading meetings, with authority to halt grading if resources are uncovered or evident during the grading process to look for well-preserved fossil remains. If identified, the City and the paleontologist will coordinate a salvage program before grading may resume in the fossil area. Through this process, and the cleaning, storage and contribution of any fossil remains to a museum or other depository, any paleontological resources would be protected. These procedures, combined with a final report from the monitor, have proven to be an effective program for preservation and recovery, where appropriate. Thus, Robertson Ranch Master Plan Final EIR 49 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations with implementation of Mitigation Measure PR-1, any paleontological impacts would be reduced to a level less than significant. 2.8 Hazardous Materials and Hazards A. Impact. Potential hazardous materials currently on the project site include above ground storage tanks, discarded and current storage drums and buckets, building materials containing asbestos and lead- based paint, and miscellaneous trash and debris. The presence, and in some cases the potential presence, of hazardous materials within the project site is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measures, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measures. HM-1 Prior to site grading, in any areas containing stained soil, the stained soil shall be removed and properly disposed of in accordance with federal, state and local requirements in order to eliminate this potential health hazard from the project site. A hazardous materials specialist shall verify that materials have been properly disposed of prior to site grading. Implementation of this measure shall be verified by the City of Carlsbad Planning and Building Departments. HM-2 Prior to demolition of the Connor Ranch House, located on the West Village, an asbestos investigation shall be conducted and mitigation report prepared. The mitigation report shall identify appropriate clean-up and disposal requirements -necessary to avoid releasing asbestos into the air. Implementation of this measure shall be verified by the City of Carlsbad Planning and Building Departments. D. Factual Support and Rationale. The above-mentioned mitigation measures would be implemented prior to and during construction of the project site to ensure proper disposal and remediation (if necessary) of hazardous materials on-site. Mitigation Measure HM-1 would reduce the potential impact associated with the potential contamination of soils with hazardous materials/waste by ensuring the removal of stained soils. Mitigation Measure HM-2 would ensure the proper clean-up and disposal of asbestos prior to demolition of the Connor Ranch House. A combination of these mitigation measures would reduce the impact associated with the presence and the potential presence of hazardous materials on the project site to a level less than significant. A. Impact. Localized areas of trash/debris have been observed within the project site. Improper cleanup and disposal of this debris has the potential to harm the public and the environment, which would be considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. Robertson Ranch Master Plan Final EIR 50 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Mitigation Measure HM-3. All trash and debris within the project site shall be disposed of off-site, in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. Implementation of this measure shall be verified by the City of Carlsbad Planning and Building Departments. D. Factual Support and Rationale. Mitigation Measure HM-3 would ensure the proper disposal and handling of trash/debris found within the project site. After removal of the trash/debris, the impact would be reduced to a level less than significant. A. Impact. No soils testing has been conducted for the West Village; however, due to this portion of the project site's history of agricultural usage, it is possible that soils contaminated with unacceptable levels of toxics as a result of the application of pesticides and herbicides exist. The potential for soils contaminated with toxics is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure HM-4. Prior to approval of the tentative map for the West Village, a detailed agricultural chemical residue survey will be required to fulfill the requirement of the City of Carlsbad's Standard Agricultural Area Mitigation Condition (for agricultural sites). As part of the mitigation condition, a report shall be presented to the San Diego County Department of Environmental Health Site Assessment (DEH) Voluntary Assistance Program and Regional Water Quality Control Board for review and comment prior to receipt of a grading permit. The residue survey shall include surficial soil sampling from depths of 1 /2 foot and 1 1 /2 feet within areas planned for grading, as well as within current storage and mixing areas. The County DEH will recommend a representative sampling of earth materials within the subject parcel, to consist of collection from two locations within each one-acre grid. Soil samples collected should be tested for Chlorinated Pesticides and PCB's (EPA test method 8081), Organophosphorous Pesticides (EPA test method 8141), and Chlorinated Herbicides (EPA test method 8151). Soils shall be remediated to a level deemed acceptable for residential uses according to federal, state, and local guidelines and standards. Implementation of this measure shall be verified by the City of Carlsbad Planning and Building Departments and in consultation with the County of San Diego Department of Environmental Health. D. Factual Support and Rationale. Mitigation Measure HM-4 requires soil testing, prior to the approval of the tentative map for the West Village, in order to identify contaminated soils with unacceptable levels of toxics. If contaminated soils are found, appropriate remediation measures would be taken to reduce the impacts associated with toxic soils to a level less than significant. Robertson Ranch Master Plan Final EIR 51 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 2.9 Grading and Aesthetics A. Impact. A retaining wall is proposed along the north side of El Camino Real within a portion of PA 23A, and south of PA 3. El Camino Real is identified as a "community theme corridor" in the City of Carlsbad Scenic Corridor Guidelines and is subject to development standards. The retaining wall has the potential to not be compatible with the scenic quality of the corridor. The potential aesthetic impact of the retaining wall is considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure GA-1. The proposed retaining wall adjacent to the north side of El Camino Real (within PA 23A) shall be constructed of a natural bluff face appearance so as to blend into the existing topography and minimize the visual impact along this corridor. Plans for the construction of the retaining wall shall be provided to the City concurrent with development applications for the West Village. Compliance with this measure shall be verified by the City of Carlsbad Planning and Engineering Departments. D. Factual Support and Rationale. The proposed retaining wall is required to incorporate features so as to soften the visual appearance of the wall and ensure that the appearance of the wall is compatible with the scenic quality of the corridor. Mitigation Measure GA-1 would ensure that the appearance of the retaining wall is compatible with the scenic quality of the El Camino Real Scenic Corridor. After implementation of Mitigation Measure GA-1, in addition to standard City Conditions of Approval, the potential visual compatibility impact associated with the retaining wall will be reduced to a level less than significant. A. Impact. The proposed project will introduce new light and potential sources of glare on the project site. Planning Area (PA) 12 (the proposed park) is located adjacent to PA 23C, a portion of the proposed HMP open space corridor. The Master Plan proposes special design criteria to address the potential for spillover light from the park onto this proposed HMP open space area. Specifically, the Master Plan states that, "Lighting for the fields and facilities adjacent to the Open Space areas (PA 23C) and/or adjacent to Cannon Road shall be selectively placed, shielded, and directed away from conserved habitat." The potential for spillover light from the project site into the HMP open space area is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure GA-2. This measure requires that prior to approval of future building permits, each development shall be inspected by the City's Parks and Planning Departments to determine that the lighting restrictions established by the "Agreement" with the Wildlife Agencies will avoid excess illumination of open space areas through repositioning, redirecting (shielding, down-casting), and/or the use of low sodium lighting. The sports park lighting, and any periphery lighting (including low-sodium lights) adjacent Robertson Ranch Master Plan Final EIR 52 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations to the wildlife corridor shall be designed so that there is no measurable (shall not exceed 3 footcandles) light spillover into the habitat corridor, and a small passive use area will be included in the park's design at the top of slope to buffer the wildlife corridor. In areas where spillover exceeding 3 footcandles cannot be avoided, trees shall be located near the light standards to filter the light spillover into the open space. The following measures shall be implemented: • Maximum light spillover shall not exceed 3 footcandles • Use of full cut-off lighting fixtures • Limit hours of operation to 10:00 p.m. (park use) • Additional trees shall be planted between the open space and residential areas and the future sports field light standards. The Wildlife Agencies will provide further review of the lighting analysis prepared for the Robertson Ranch Master Plan Program EIR and the proposed lighting plan to ensure that light spillover has been appropriately attenuated. D. Factual Support and Rationale. Mitigation Measure GA-2 requires that lighting restrictions established by the HMP Agreement with the Wildlife Agencies for this project be implemented. These restrictions require the lighting to be designed and placed so as to avoid excess illumination of open space areas within 100 feet of open space area. Implementation of Mitigation Measure GA-2, in addition to standard City Conditions of Approval, would ensure compliance with the lighting restrictions and reduce the potential lighting impacts to a level less than significant. 2.10 Hydrology/Water Quality A. Impact. Development of the East Village would alter the existing drainage patterns. With implementation of proposed flood control and drainage improvements, development of the East Village would not contribute stormwater runoff that would exceed the capacity of the existing or planned stormwater drainage system. Potential drainage and flood control issues are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure H-1. This measure requires that consistent with the Local Facilities Management Plan (LFMP), drainage facilities shall be provided concurrent with future development of the East Village. Prior to approval of grading permits for development within the East Village, the City Engineer must approve the necessary onsite and offsite storm drain facilities as required by the Master Drainage and Storm Water Quality Management Plan, LFMP and Drainage Study. The required storm drain facilities include but are not limited to: • 84-inch RCP from BJB detention basin • Proposed onsite drainage plan (Figure 5.14-4 of the FPEIR) Robertson Ranch Master Plan Final EIR 53 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations D. Factual Support and Rationale. Mitigation Measure H-l requires that drainage facilities be provided concurrent with future development of the East Village. In addition, the necessary drainage facilities must be approved by the City Engineer prior to approval of grading permits for development within the West Village. The City Engineer would ensure that the drainage facilities are sufficient for the project site prior to any alteration of the existing drainage. Sufficient drainage facilities would accommodate all increases in stormwater runoff and thus, reduce the potential drainage and flood control impacts in the East Village to a level less than significant. A. ' Impact. Development of the West Village would alter the existing drainage pattern of the site, but would not alter offsite drainage patterns. With implementation of proposed flood control and drainage improvements, development of the West Village would not contribute stormwater runoff that would exceed the capacity of the existing or planned stormwater drainage system. Potential drainage and flood control issues are considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure H-2. This measure requires that consistent with the Local Facilities Management Plan (LFMP) and Drainage Study, drainage facilities shall be provided concurrent with future development of the West Village. Prior to approval of grading permits for development within the West Village, the City Engineer must approve the necessary onsite and offsite storm drain facilities as required by the Master Drainage and Storm Water Quality Management Plan, LFMP and Drainage Study. The required storm drain facilities include but are not limited to: • Facility BFB • Facility BF1 • Detention basins in Planning Areas 1, 2, 7, and 11 • Facility BFA • Proposed onsite drainage plan (Figure 5.12-6 of the FPEIR) D. Factual Support and Rationale. Mitigation Measure H-2 requires that drainage facilities be provided concurrent with future development of the West Village. In addition, the necessary drainage facilities must be approved by the City Engineer prior to approval of grading permits for development within the West Village. The City Engineer would ensure that the drainage facilities are sufficient for the project site prior to any alteration of the existing drainage. Sufficient drainage facilities would accommodate all increases in stormwater runoff and thus, reduce the potential drainage and flood control impacts in the West Village to a level less than significant. A. Impact. Agua Hedionda Creek and Agua Hedionda Lagoon will receive stormwater runoff from the project site. As a result, grading activities have the potential to increase the level of Robertson Ranch Master Plan Final EIR 54 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations sedimentation/siltation that enters Agua Hedionda Lagoon on a short-term basis during construction, the impact is considered significant. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure WQ-1. This measure requires that erosion, siltdtion, and emission of construction related pollutants shall be controlled through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (section 67.871), General Construction Stormwater Permit (Order No. 99-08, NPDES CAS000002) and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). In compliance with the General Construction Stormwater Permit, a SWPPP shall be prepared and approved prior to issuance of any grading permits. The owner/developer shall be responsible for monitoring and maintaining the BMPs identified below on a weekly basis. In addition, prior to approval of the grading permit for the respective village, the City Engineer must determine that project plans have incorporated temporary desilting basins of adequate number and size in the East Village and permanent detention basins of adequate number and size in the West Village. Some of the BMPs that shall be used during construction include, but are not limited to: • Silt fence, fiber rolls, or gravel bag berms • Check dams • Street Sweeping and vacuuming • Strom drain inlet protection • Stabilized construction entrance/exit • Vehicle and equipment maintenance, cleaning, and fueling • Hydroseed, soil binders, or straw mulch • Material delivery and storage • Stockpile management • Spill prevention and control • Waste management for solid, liquid, hazardous and sanitary waste, contaminated soil • Concrete waste management D. Factual Support and Rationale. The proposed project is required to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Stormwater Management Plan (SWMP), General Construction Stormwater Permit (Order No. 2001-01, NPDES CAS000002), and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). In compliance with the General Construction Stormwater Permit, a Storm Water Pollution Prevention Plan (SWPPP) will be prepared and approved prior to issuance of any grading permits. The SWMP and SWPPP have already been Robertson Ranch Master Plan Final EIR 55 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations incorporated into the project, as shown in Figure 5.12-7 of the FPEIR. Compliance with the above- mentioned permits will ensure that water quality impacts associated with erosion, siltation, and emission of construction related pollutants is reduced to a level less than significant. A. Impact. Agua Hedionda Lagoon, which is located downstream of the project site will receive stormwater runoff from the project site and is identified on the Clean Water Act, Section 303(d) list of impaired water bodies for sedimentation/siltation. In the post-development condition, the project site has the potential to discharge sediment and other pollutants to Calavera Creek and Agua Hedionda Creek, which are tributaries to Agua Hedionda Lagoon. The potential to discharge sediment and other pollutants into tributaries to the Agua Hedionda Lagoon is considered a significant impact. B. Finding. (1) With incorporation of the following mitigation measure, the identified direct significant impact would be avoided and thereby reduced below a level of significance. C. Mitigation Measure WQ-2. This measure requires that pollutants be controlled through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (section 67.871), and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). Prior to approval of grading permits for development within the East Village, the City Engineer must determine that the proposed project has incorporated the post- development water quality pollution control measures identified below into project design to the maximum extent practicable. • Installation of the vegetated swale located south of Cannon Road Site Design BMPs • Source Control BMPs • Structural Treatment Control BMPs Proposed BMPs include: • Street Sweeping • Inlet Basin Labeling • Storm Drain Inlet Baskets with Hydrocarbon Absorption • Vortex Separator(s) • Vegetative Drainage Course • Existing Detention Basin BJB • Dog Waste Bag Dispensers • HOA shall provide information to homeowners and residents regarding the requirements of pet waste disposal. Robertson Ranch Master Plan Final EIR 56 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations D. Factual Support and Rationale. The proposed project is required to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Stormwater Management Plan (SWMP), and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). The SWMP and SWPPP have already been incorporated into the project, as shown in Figure 5.12-7 of the FPEIR. Compliance with the above-mentioned permits, in addition to standard City Conditions of Approval, will ensure that water quality impacts associated with erosion, siltation, and emission of post-development related pollutants would reduce the impacts to Agua Hedionda Lagoon to a level less than significant. Robertson Ranch Master Plan Final EIR 57 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 3.0 Findings Concerning Feasibility of Project Alternatives 3.1 Applicable Standards Under CEQA, whenever a public agency considers approving a project for which the EIR concludes that notwithstanding the incorporated mitigation measures, there will nonetheless remain significant impacts that are not avoided or lessened below a'level of significance, the public agency must consider and make findings regarding the feasibility of alternatives discussed in the EIR. As stated in CEQA (PRC §21002): j "[It] is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects.... The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." Here, the FPEIR concludes that after the incorporation of the specific mitigation measures outlined in Section 2 above, the Proposed Project will still have the following significant, unmitigable environmental effects: - Direct and Cumulative Impact to Traffic/Circulation. (See Findings, page 16) - Direct and Cumulative Impact to Air Quality. (See Findings, page 25) The determination of the infeasibility of alternatives is necessarily an evaluation of the many elements of specific economic, social or other considerations. (Guidelines § 15091). Elsewhere in the Guidelines § 15364, "feasible" is defined as "...capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors." At the same time, infeasibility is not equated with impossibility and case law recognizes that an alternative or mitigation measure may also be infeasible if it is undesirable or impractical from a policy standpoint. As an example, a conflict between project alternatives and a city's growth management policies and programs supported a finding of infeasibility in City of Del Mar v. City of San Diego (1982) 133 CA3d 401. The Court went on to describe the alternatives analysis under CEQA necessarily involves the balancing of economic, environmental, social and technological factors within the province of the decision makers. In undertaking the comparative analysis called for under CEQA in considering the feasibility of project alternatives, it is also necessary to keep in mind the Project objectives as expressed in the FPEIR. The overall Project Objectives are set forth at Pages 3-21 and 3-22 of the FPEIR as follows: The purpose of the proposed Robertson Ranch Master Plan is to provide a long-range comprehensive planning approach to the development of the project site with consideration of the City's General Plan, Growth Management Plan, Zone 14 LFMP, Hillside Development Ordinance, Planned Development Ordinance, Livable Communities Policies (Council Policy Nos. 44 and 66), Ahwahnee Principles, and HMP. Robertson Ranch Master Plan Final EIR 58 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code; • Implement the Zone 14 Local Facilities Management Plan, as amended; • Furnish a plan for development that implements the policies and achieves the goals of the Habitat Management Plan (HMP) for this portion of the City, pursuant to agreements with the Resource Agencies; • Provide for compatible and complimentary adjacent land uses and facilities;i • Implement a plan which is sensitive to the environment and aesthetically pleasing; f • Establish a community that creates an urban design concept consistent with the Ahwahnee Principles by incorporating a variety of public spaces and recreation elements that will attract the presence of people, accommodate the housing needs of a wide range of economic levels and age groups, promote public transportation while providing consistency with the existing vehicular circulation network, provide a variety of employment opportunities within the Master Plan boundaries, promote a diversity of land uses within the project, and conserve open space areas for recreation and the preservation of sensitive environmental resources; • Establish a project-wide circulation system which is responsive to regional and local transportation needs, and which accommodates a variety of transportation modes; • Provide for the recreational and open space needs of project residents and the City at large, by incorporating recreational land uses including a City park site, community recreation facilities, pocket parks, school playgrounds, a pedestrian and bicycle circulation system and substantial areas of permanently preserved natural open space; • Develop a community identity for the project through control of project design elements such as architecture, clustering of development, landscaping, color treatment, paving, walls, fencing, signage, and entry treatments; • Encourage housing diversity by providing a variety of detached single-family residential lot sizes in traditional subdivision layouts and courtyard neighborhoods; • Encourage housing diversity by providing a variety of multi-family and affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and community facilities; and, • Provide flexibility in the Master Plan amendment process by allowing amendments to either the East or West Villages of the Master Plan to be processed without initiating review of the other Village. 3.2 Findings Project Alternatives The Final Program EIR evaluated a range of potential project alternatives. The project alternatives included: 1. No Project/Existing General Plan 2. Reduced Biological Impacts Alternative Robertson Ranch Master Plan Final EIR 59 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 3. Reduced Scale Project Alternative 4. PA 22 Senior Housing Alternative 5. PA 22 Fire Station Alternative 6. PA 1 Community Facilities Alternative CEQA requires consideration of the No Project/Existing General Plan alternative and the City selected the others on the basis they represent a reasonable range of alternative project proposals that appear to be potentially compatible with most of the overall Project Objectives. Applying the criteria discussed above for considering the feasibility of project alternatives and considering the totality of the information in the FPEIR, testimony and information received during the public hearings and the evidence in the administrative records as a whole, the City has determined that the identified project alternatives are not feasible in light of the Project Objectives, the City's programs and policies, general legal principles applicable to a landowner's right or privilege to make beneficial use of its property in accordance with all applicable laws, policies, standards and land use regulations uniformly applied and economic, legal, social, technological, or other considerations specified below. The factual support, reasoning and analysis supporting this conclusion is set forth below with respect to each of the Project alternatives evaluated in the FPEIR. 3.2.1 No Project/Existing General Plan Alternative (FPEIR Section 6.1) The State CEQA Guidelines require analysis of the No Project Alternative (Public Resources Code Section 15126). According to Section 15126.6(e), " the specific alternative of 'no project' shall also be evaluated along with its impact. The 'no project' analysis shall discuss the existing conditions at the time the notice of preparation is published ... at the time environmental analysis is commenced, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." The No Project/Existing General Plan Alternative assumes that the Robertson Ranch Master Plan, as proposed, would not be implemented. Under the No Project/Existing General Plan Alternative, the Project Area would be developed pursuant to the specifics of the existing General Plan land use designations. Under this scenario, development of the project site would be primarily a series of single-family residential subdivisions (residential low-medium density) approximating three to four dwelling units per acre. Open space areas, similar to the HMP open space configuration proposed as part of the Master Plan, will be maintained. Single-family subdivisions would be developed on the west side of College Boulevard and both sides of Cannon Road. Multi-family housing at an average of six dwelling units per acre would be developed around the riparian habitat at the lower elevations of the south-east corner of El Camino Real and Tamarack Avenue (PA1 and PA2). The total number of residential units across the site would be 652 units, 580 of which would be single-family detached product. Under the Existing General Plan development scenario, an approximately 10.1 acre elementary school site is assumed to be developed within PA's 14 and 15. Robertson Ranch Master Plan Final EIR 60 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations A neighborhood (local) commercial center would be developed in PA 12, near the intersection of two major arterials, Cannon Road and El Camino Real. The Existing General Plan project would not include a community park, nor would it be expected to include community facilities, community recreation features, or RV storage facilities. A functional habitat corridor would need to be provided pursuant to the HMP, with the Existing General Plan project. Onsite preservation of biological resources features would be expected to occur to the extent proposed in the proposed project. ' The low and medium density residential character of the projec't would discourage affordability of residential units, and thus not result in the provision of moderate-priced housing pursuant to the Regional Housing needs. However, the project would still be subject to the City's 15 percent Inclusionary Housing Requirement. The overall clustering of development could take place pursuant to HMP policies; therefore, grading is assumed to be similar in area and quantity as the proposed project. (a) This alternative would significantly reduce the impact to traffic/circulation by creating approximately 10,355 trips less (a decrease of 60 percent) than the proposed project (with the alternative residential uses instead of the school in PA's 13 and 14). Because the same circulation system is assumed under this alternative, roadway segments and intersections would likely operate at an improved level of service than would occur under the proposed project. (b) This alternative would significantly reduce the mobile-source emissions impact associated with the proposed project as a result of a decrease of 60 percent traffic generation. The mobile emission levels would still remain above the significance thresholds for all criteria pollutants and, although less than the proposed project, the air quality impact would remain significant and unavoidable. This alternative is environmentally superior to the proposed project and would comply with the HMP; however, this alternative would not meet the following project objectives: • Establish a community that creates an urban design concept consistent with the Ahwahnee Principles by incorporating a variety of public spaces and recreation elements that will attract the presence of people, accommodate the housing needs of a wide range of economic levels and age groups, promote public transportation while providing consistency with the existing vehicular circulation network, provide a variety of employment opportunities within the Master Plan boundaries, promote a diversity of land uses within the project, and conserve open space areas for recreation and the preservation of sensitive environmental resources. Under this alternative, the project site would be developed with mostly single-family subdivisions at approximately 3-4 dwelling units per acre. This alternative would not provide for public spaces as is proposed within PA 11 of the West Village. Further, a wide range of housing densities and types would not be provided; therefore, this alternative would not accommodate the housing needs of a Robertson Ranch Master Plan Final EIR 61 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations wide range of economic levels and age groups. This alternative would not promote public transportation as the alternative would not provide suitable residential densities in proximity to public transit facilities. While this alternative would provide biological open space in conformance with HMP requirements, it would not provide community parkland. Establish a project-wide circulation system which is responsive to regional and local transportation needs, and which accommodates a variety of transportation modes. Because this alternative would not implement Ahwahnee principles, alternative modes of transportation, such as the use of pedestrian and bicycle linkages within the community would not be provided. ' Provide for the recreational and open space needs of project residents and the City at large, by incorporating recreational land uses including a City park site, community recreation facilities, pocket parks, school playgrounds, a pedestrian and bicycle circulation system and substantial areas of permanently preserved natural open space. This alternative would not provide the proposed community park or community recreation facilities. Encourage housing diversity by providing a variety of detached single-family residential lot sizes in traditional subdivision layouts and courtyard neighborhoods. This alternative would be primarily a series of single-family residential subdivisions approximating 3 to 4 dwelling units per acre; whereas, the proposed project provides a variety of housing types and densities. Encourage housing diversity by providing a variety of multi-family and affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and community facilities. This alternative would implement primarily single-family, residential low-medium density subdivisions. Multi-family will occur only within PA1, and this housing would not be provided in a location convenient to transportation, commercial, recreational and community facilities. The proposed project would provide multi-family uses in proximity to the Village Center (PA 11). Therefore, the City Council finds that the "No Project/Existing General Plan" Alternative fails to meet the project objectives, and rejects it. 3.2.2 Reduced Biological Impacts Alternative (FPEIR Section 6.2) The Reduced Biological Impacts Alternative assumes avoidance of all existing native habitat on the project site. Areas of the project site that do not currently contain native habitats would be developed with the same land uses (with the exception of the community park) as identified for the proposed project. (a) This alternative would reduce the impact to traffic/circulation by creating approximately 2,018 average daily trips less than the proposed project. Because the same circulation Robertson Ranch Master Plan Final EIR 62 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations system is assumed under this alternative, roadway segments and intersections would likely operate at an improved level of service than would occur under the proposed project. (b) This alternative would reduce the mobile-source emissions impact associated with the proposed project as a result of decreased traffic volumes; however, mobile emission levels would still remain above the significance thresholds for all criteria pollutants and, although less than the proposed project, the air quality impact would remain significant and unavoidable. * (c) This alternative would result in less of an impact to biological resources bn the project site. There would be no revegetation and restoration of PA 23C (shown as PA13D on the alternative Figure 6-2 of the FPEIR), and PA 23E would include development of approximately 14 single-family dwelling units (shown as PA 1 ] on the alternative Figure 6-2 of the FPEIR). A total of 71.6 acres of coastal sage scrub and 9.4 acres of existing riparian areas would be retained on-site. Approximately 9.1 acres of approved Calavera Hills Restoration would be provided in PA 23E. This alternative is environmentally superior to the proposed project and would comply with the HMP; however, this alternative would not meet the following project objectives: • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code. This alternative proposes land uses for the project site that are currently not contemplated in the General Plan for the site. • Establish a community that creates an urban design concept consistent with the Ahwahnee Principles by incorporating a variety of public spaces and recreation elements that will attract the presence of people, accommodate the housing needs of a wide range of economic levels and age groups, promote public transportation while providing consistency with the existing vehicular circulation network, provide a variety of employment opportunities within the Master Plan boundaries, promote a diversity of land uses within the project, and conserve open space areas for recreation and the preservation of sensitive environmental resources. Under this alternative, the project site would be developed with single-family and multi-family uses; however, this alternative would not provide for public spaces as is proposed within PA 11 of the West Village. Further, a wide range of housing densities and types would not be provided; therefore, this alternative would not accommodate the housing needs of a wide range of economic levels and age groups. This alternative would not promote public transportation as the alternative would not provide suitable residential densities in proximity to public transit facilities and the proposed village center area of PA 11. While this alternative would provide biological open space in conformance with HMP requirements, it would not provide community parkland. Robertson Ranch Master Plan Final EIR 63 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations • Provide for the recreational and open space needs of project residents and the City at large, by incorporating recreational land uses including a City park site, community recreation facilities, pocket parks, school playgrounds, a pedestrian and bicycle circulation system and substantial areas of permanently preserved natural open space. This alternative would not provide for the proposed community park. • Encourage housing diversity by providing a variety of detached single-family residential lot sizes in traditional subdivision layouts and courtyard neighborhoods. t This alternative would result in primarily traditional subdivisions and multi-family uses. • Encourage housing diversity by providing a variety of multi-family and affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and community facilities. This alternative would not provide for the synergy of land uses as would be obtained in the village center area of PA 11. Additionally, the community park use would not be provided. Therefore, the City Council finds that the "Reduced Biological Impacts Alternative fails to meet the project objectives, and rejects it. 3.2.3 Reduced Scale Project Alternative (FPEIR Section 6.3) This alternative assumes the Open Space (OS) configuration required by the Wildlife Agencies for implementation of the City's Habitat Management Plan (HMP); however, the only residential use identified is single family, which is proposed over a majority of the proposed site, and multi-family residential use at the corner of El Camino Real and Tamarack Avenue (consistent with the existing General Plan). The overall number of dwelling units (612) is reduced by approximately 50 percent from the proposed project. Also, the commercial use has been eliminated. The circulation system would be the same as the proposed project. (a) This alternative would reduce the impact to traffic/impact associated with the proposed project. A reduction in the proposed dwelling units and the elimination of the commercial use would reduce the overall trip generation of the proposed project by approximately 9,530 average daily trips. Because the same circulation system is proposed, roadway segments and intersections would likely operate at a better level of service that would occur under the proposed project. (b) This alternative would reduce the mobile-source emissions impact associated with the proposed project as a result of decreased traffic volumes; however, mobile emission levels would still remain above the significance thresholds for all criteria pollutants and, although less than the proposed project, the air quality impact would remain significant and unavoidable. Robertson Ranch Master Plan Final EIR 64 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations (c) This alternative would result in less of a demand for public services and facilities than the proposed project due to the decrease in housing and population. Certain public facilities improvements are identified for the proposed project that would also be implemented under this alternative. The same backbone infrastructure to serve the project would be provided, including water, sewer, and drainage facilities; however, the decrease in population would result in an incremental decrease in demand for various public services and facilities. j This alternative is environmentally superior to the proposed project and would comply with the HMP; however, this alternative would not meet the following project objectives: ' • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code. This alternative would not provide commercial facilities as is contemplated in the City's General Plan for the site. • Establish a community that creates an urban design concept consistent with the Ahwahnee Principles by incorporating a variety of public spaces and recreation elements that will attract the presence of people, accommodate the housing needs of a wide range of economic levels and age groups, promote public transportation while providing consistency with the existing vehicular circulation network, provide a variety of employment opportunities within the Master Plan boundaries, promote a diversity of land uses within the project, and conserve open space areas for recreation and the preservation of sensitive environmental resources. The project site would be developed with mostly single-family subdivisions, with multi-family residential only occurring in PA1. This alternative would not provide for public spaces as is proposed within PA 11 of the West Village. Further, a wide range of housing densities and types would not be provided; therefore, this alternative would not accommodate the housing needs of a wide range of economic levels and age groups. This alternative would not promote public transportation as the alternative would not provide suitable residential densities in proximity to public transit facilities. • Establish a project-wide circulation system which is responsive to regional and local transportation needs, and which accommodates a variety of transportation modes. • Encourage housing diversity by providing a variety of detached single-family residential lot sizes in traditional subdivision layouts and courtyard neighborhoods. This alternative would be primarily a series of single-family residential subdivisions approximating 3 to 4 dwelling units per acre; whereas, the proposed project provides a variety of housing types and densities. • Encourage housing diversity by providing a variety of multi-family and affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and community facilities. Robertson Ranch Master Plan Final EIR 65 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations This alternative would implement primarily single-family, residential low-medium density subdivisions. Multi-family will occur only within PA1, and this housing would not be provided in a location convenient to transportation, commercial, recreational and community facilities. The proposed project would provide multi-family uses in proximity to a village center use, as is contemplated with the proposed project. Therefore, the City Council finds that the "Reduced Scale Project Alternative" fails to meet the project objectives, and rejects it. 3.2.4 PA 22 Sen/or Housing Alternative (FPEIR Section 6.4) This alternative assumes PA 22 would be developed with a total of 75 senior housing units instead of 20 multi-family courtyard homes as is proposed under the proposed project. Under this alternative, all impacts would be similar to those of the proposed project. This alternative is environmentally similar to the proposed project and would comply with the HMP. Implementation of this alternative would not avoid or reduce the impacts associated with the proposed project. In addition, this alternative would meet most of the basic objectives of the proposed project. 3.2.5 PA 22 Fire Station Alternative (FPEIR Section 6.5) This alternative assumes PA 22 would be developed with a fire station instead of 20 multi-family courtyard homes as is proposed under the proposed project. Under this alternative, all impacts would be similar to those of the proposed project. This alternative is environmentally similar to the proposed project and would comply with the HMP. Implementation of this alternative would not avoid or reduce the impacts associated with the proposed project. In addition, this alternative would meet most of the basic objectives of the proposed project. 3.2.6 PA I Community Facilities Alternative (FPEIR Section 6.6) This alternative assumes that PA 1 would be developed with a community facility use such as a church use. A church use would be allowed within PA 1 subject to approval of a Conditional Use Permit (CUP). PA 1 comprises approximately 9.3 gross acres, but only 4.6 net acres due to existing constraints. Total maximum building area would be approximately 45,000 - 50,000 square feet. As with the proposed project, site access would taken from Tamarack Avenue and the Kelly Drive/El Camino Real intersection. Under this alternative, all impacts would be similar to those of the proposed project. This alternative is environmentally similar to the proposed project and would comply with the HMP. Implementation of this alternative would not avoid or reduce the impacts associated with the proposed project. In addition, this alternative would meet most of the basic objectives of the proposed project. Robertson Ranch Master Plan Final EIR 66 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations 4.0 Statement of Overriding Considerations (CEQA Guideline §15093) As discussed in Section 2.0 of these CEQA findings, the FPEIR concludes that the Proposed Project, even with incorporation of all feasible mitigation measures and consideration of alternatives, will nonetheless have significant direct and cumulative impacts to traffic/circulation and air quality (long-term mobile emissions). The cumulative impacts arise from the marginal contribution the Proposed Project will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that fail to currently meet applicable traffic and air quality standards. The City has adopted all feasible mitigation measures with respect to these impacts, which may have substantially lessened the impacts, but have not been successful in reducing them below a level of significance. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a "statement of overriding considerations" pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of CEQA is to fully inform the decision makers and the public as to the environmental effects of a Proposed Project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project's general social, economic, policy or other public benefits which support the agency's informed conclusion to approve the Proposed Project. The City finds that the Proposed Project has the following substantial social, economic, policy and other public benefits, any one of which would justify its approval and implementation, not withstanding not all environmental impacts were fully reduced below a level of significance. A. City General Plan and Policies. The Proposed Project is consistent with the City's General Plan and Policies in that it provides for residential and commercial development, community facilities, a community park, and natural open space, as well as critical infrastructure. B. Growth Management Program: Zoning. The Proposed Project is fully consistent with the City's adopted Growth Management Ordinance and City Policy #43, and all the applicable standards that will guide the entire buildout of the Proposed Project, including the Local Facilities Management Plan setting forth the phasing and timing of needed public infrastructure. These programs assure the Proposed Project will develop as a balanced whole and needed public infrastructure and facilities will be provided commensurate with need in order to meet the public facilities performance standards of the City's Growth Management Program. Robertson Ranch Master Plan Final EIR 67 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations C. Open Space. Approximately 157 acres of the Robertson Ranch Master Plan consists of Open Space. The open space consists of: a) open space for the preservation of natural resources; and, b) open space for public health and safety; recreation areas, trails; community park, neighborhood parks, and landscaped parkways. D. Housing. The proposed project will provide a range of housing opportunities for all identifiable economic segments, including households of lower and moderate income. A total of 1,383 units are proposed. E. Citywide Road Network Improvements. The Proposed Project will construct frontage improvements along College Boulevard, Cannon Road, and El Camino Real, all City Circulation Element roadways. These road improvements are important elements of the overall road network of the City supporting local as well as regional traffic. F. 84" Storm Drain. The Proposed Project will construct the proposed 84-inch storm drain, immediately north of Cannon Road. The construction of this improvement will reduce the potential for flooding impacts to the Rancho Carlsbad community. G. General Fund. The approval of this project would result in an increased generation of real property tax revenue for the City of Carlsbad. The City would receive real property tax increment revenues attributable to the increased value of improved real property associated with the dwelling units for the project. Based on the assessed value of the land with implementation of the proposed improvement and standard tax rates, the project would contribute substantial total property tax dollars. A portion of these property taxes would be paid to the City. It should be noted that the estimated real estate values and the tax rate used to calculate the property tax are subject to change. Additional revenue contributions would also be generated by increased sales tax, vehicle license in-lieu fees, real property transfer taxes, other state subventions, and business license taxes. H. Additional Public Infrastructure Capital Contributions. The City's Growth management Program and land use ordinances provide a series of public facilities fees and exactions that are charged to new development, which area generally payable at either time of final subdivision map or issuance of individual building permits. Based on the project as proposed, these public infrastructure and facilities on a citywide bases, including city administrative facilities, fire stations, libraries, roads, and storm drainage systems as well as public water and sewer facilities. These capital contributions are in addition to the infrastructure being constructed on-site and represent the project's share of citywide infrastructure. The proposed project's Capital public facilities contributions consist of the following components: a) Growth management Local Facilities Fees. b) Citywide Community Facilities District. c) Traffic Impact Fee estimated per DU contributes to the funding of various road, signal, intersection, and similar transportation impacts throughout the City. d) Public Facilities Fees contribute to the financing of city administration and maintenance facilities, parks, libraries, fire station, police stations, and similar city infrastructure. Robertson Ranch Master Plan Final EIR 68 May 8,2006 Findings of Fact/Statement of Overriding Considerations CEQA Findings and Statement of Overriding Considerations e) Drainage Fees estimated depending on location; this fund is used to construct master storm drain facilities in addition to those proposed by the project. f) Sewer Connection Fees per DU within the CMWD service area; these fees represent the facilities capacity and connection charges for sanitary sewers and treatment plants. g) Water Capacity charges per DU depending on the water district and additional meter connection fees per meter; charges and fees represent facilities capacity and connection charges for water facilities and distribution/storage systems. The foregoing fees may be subject to periodic adjustment and escalations in accordance with the underlying ordinance or laws applicable thereto. The total fees represents the public facilities capital contributions only and does not include any school fees or mitigation as the project's impacts on school facilities are addressed directly with the affected school districts and various city processing, application, and plan check charges for processing approvals. I. Consistent with Regional Multiple Habitat Conservation Plan and the City of Carlsbad HMP. The project will preserve and enhance approximately 144 acres of natural open space containing sensitive habitats, consistent with the regional habitat planning goals. Robertson Ranch Master Plan Final EIR 69 May 8,2006 Findings of Fact/Statement of Overriding Considerations Mitigation Monitoring and Reporting Program For the Robertson Ranch Master Plan Final Program Environmental Impact Report (EIR 03-03) Volume 1C City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 April 2006 Table of Contents TABLE OF CONTENTS Section Page Introduction 1 Traffic/Circulation 3 Air Quality 12 Noise 19 Biological Resources 23 Cultural Resources 52 Geology/Soils 56 Paleontological Resources 58 Hazardous Materials and Hazards 59 Grading and Aesthetics 63 Hydrology/Water Quality 64 Appendices Appendix A Impacts Appendix B Traffic Fair-Share Contribution Methodology Appendix C HMP Hardline Map Appendix D Revegefaf/on Table Appendix E EIR Table 5.5-7 - HMP Mitigation Requirements Appendix F EIR Figure 5.5-7 - Proposed Panhandle (PA 23E) Land Uses and Restoration Appendix G Cultural Resources Location Map (City Confidential Map) Robertson Ranch Master Plan Final EIR i April 2006 Mitigation Monitoring and Reporting Program Table of Contents This page intentionally left blank. Robertson Ranch Master Plan Final EIR ii April 2006 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Robertson Ranch Master Plan City of Carlsbad PURPOSE The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to ensure that the Robertson Ranch Master Plan implements environmental mitigation, as required by the Final Program Environmental Impact Report (EIR) for the Robertson Ranch Master Plan. Those mitigation measures have been integrated into this MMRP. Mitigation measures for the project will be adopted and monitored by the City of Carlsbad (City), in conjunction with the certification of the EIR. The MMRP provides a mechanism for monitoring the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below. This MMRP is written in accordance with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. Public Resources Code Section 21081.6 requires the Lead Agency, for each project that is subject to CEQA, to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The City is the designated lead agency for the MMRP. The Lead Agency is responsible for review of all monitoring reports, enforcement actions, and document disposition. The Lead Agency will rely on information provided by a monitor as accurate and up to date and will field check mitigation measure status as required. FORMAT Mitigation measures applicable to the project include avoiding certain impacts altogether, minimizing impacts by limiting the degree or magnitude of the action and its implementation, and/or requiring supplemental structural controls. Within this document, approved mitigation measures are organized and referenced by subject category. The subject categories include: (1) traffic/circulation; (2) air quality; (3) noise; (4) biological resources; (5) cultural resources; (6) geology/soils; (7) paleontological resources; (8) hazardous materials and hazards; (9) grading and aesthetics; and (10) hydrology/water quality. Each of these measures has a numerical reference. The following items are identified for each mitigation measure: • Responsible monitoring party • Required time of application Robertson Ranch Master Plan Final EIR 1 April 2006 Mitigation Monitoring and Reporting Program • Monitoring frequency • Shown on plans/completion date Responsible Monitoring Party For each mitigation measure, the responsible monitoring party is identified. The monitoring party is responsible for ensuring that the mitigation measures are properly implemented. For this MMRP, monitoring parties include: the City of Carlsbad Planning, Building, and Engineering Departments, U.S. Fish and Wildlife Service, California Department of Fish and Game, and the San Diego County Department of Environmental Health. Required Time of Application The mitigation measures required for the project will be implemented at various times as development proceeds and prior to project completion. Some mitigation measures must be implemented during construction and/or permitting activities while others must be implemented when the project is completed. In general, timing of application is differentiated between the East Village and West Village. Monitoring Frequency The mitigation measures will need to be monitored prior to construction, throughout construction, upon completion, or upon approval or occurrence (i.e. monetary contribution). The MMRP identifies the monitoring frequency for each mitigation measure. Show on Plan/Completion Date This column identifies the village (East or West) in which the mitigation is required and is the location where the City verifies that the mitigation measure has been completed. Completion of the mitigation measures will be noted with the approver's initials and the date of completion. HOW TO USE THIS MMRP The Robertson Ranch Master Plan EIR identifies a number of mitigation measures to reduce significant environmental impacts. Some of the mitigation measures apply to the entire project site and must be implemented before any development occurs. Other mitigation measures will be implemented prior to project completion. As a result, the implementation schedule for each measure varies as described in the MMRP table. Robertson Ranch Master Plan Final EIR 2 April 2006 Monitoring and Reporting Program Robertson Ranch Master Plan Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Mitigation Measure T1 T-1 The physical improvements require widening of southbound College Boulevard to provide a third southbound thru-lane and widen westbound Plaza Drive to provide an additional left-turn lane. The project applicant shall provide a fair-share contribution to the City of Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to this MMRP. " Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date ^^^^^^^^^^^^^l^^^^^^^^^^^^^^|^^^^roinffi^^^^^^^^^f^^^^^^^^^^ City of Prior to issuance Once, upon Verification: Carlsbad - Engineering Department - City Engineer of certificate of occupancy for first residence. completion.Easf Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final BR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) T2 T3 T4 Mitigation Measure T-2 The developer of the West Village shall re-stripe northbound El Camino Real after frontage improvements have been installed along the West Village (as part of the development of the West Village) to allow for a shared thru/right turn lane. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to the recordation of the first master final map for the West Village. T-3 The West Village developer shall add a third southbound lane on El Camino Real from Tamarack Avenue to Cannon Road. This improvement shall be funded by the developer of the West Village and may be subject to reimbursement through formation of a financing district or other public improvement funding mechanism. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. T-4 The developer of the West Village shall widen El Camino Real northbound to provide three thru-lanes and a separate right-turn lane. This improvement shall also include construction of a southbound shared thru/right-turn lane at Tamarack Ave. which is expected to be accomplished through re-striping. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. Responsible Monitoring Party City Engineering Department - City Engineer City Engineering Department - City Engineer City Engineering Department - City Engineer Required Time of Application After frontage improvements have been installed along the West Village and prior to the recordation of the first master final map for the West Village, Prior to the recordation of the first master final map for the West Village. Prior to recordation of the first master final map for the West Village. Monitoring Frequency Once, upon completion. Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: West Village only Date Init. Name Verification: West Village only Date Init. Name Verification: Wesf Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) T5 T6 T7 Mitigation Measure T-5 The developer of the West Village shall widen northbound El Camino Real to provide a right-turn only lane at Tamarack Ave., and a third northbound thru-lane along the entire project frontage, and re-stripe northbound El Camino Real north of the Tamarack/El Camino Real intersection to allow for a transition from three to two lanes as required. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. T-4 The developer of the West Village shall install a signal and provide a northbound separate right-turn lane at the intersection of El Camino Real and the West Village Driveway entrance. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. T-7 The developer of the West Village shall modify the traffic signal at the intersection of El Camino Real and Kelly Drive and construct a third northbound lane and the PA 1 driveway and construction of a shared third southbound shared thru-right turn lane. These improvements shall be funded by the developer of the West Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. Responsible Monitoring Party City Engineering Department - City Engineer City Engineering Department - City Engineer City Engineering Department - City Engineer Required Time of Application Prior to recordation of the first master final map for the West Village. Prior to recordation of the first master final map for the West Village. Prior to recordation of the first master final map for the West Village. Monitoring Frequency Once, upon completion. Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: West Village only Date Init. Name Verification: Wesf Village only Date Init. Name Verification: West Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) T8 T» Mitigation Measure T-8 The developer of the East Village shall provide frontage improvements along both sides of Cannon Road and install traffic signals at the time directed by the City Engineer at new intersections (intersections #29, and #30). These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. T-9 The developer of the East Village shall provide frontage improvements along both sides of College Boulevard. These improvements shall be funded by the developer of the East Village. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the East Village. Responsible Monitoring Party City Engineering Department - City Engineer City Engineering Department - City Engineer Required Time of Application Prior to recordation of the first master final map for the East Village. Prior to recordation of the first master final map for the East Village. Monitoring Frequency Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: Easf Village only Date Init. Name Verification; East Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) T10 Mitigation Measure T-10 The physical improvements would be to widen the College Boulevard/Vista Way intersection. The project applicant shall provide a fair-share contribution to the City of Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to this MMRP. Responsible Monitoring Party City of Carlsbad - Engineering Department - City Engineer Required Time of Application Prior to issuance of certificate of occupancy for first residence. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Til T12 Mitigation Measure T-11 The physical improvements would be to widen the College Boulevard/Lake Avenue intersection. The project applicant shall provide a fair-share contribution to the City of Oceanside for the improvement of this intersection if the City of Oceanside adopts a program to accept payments in lieu of construction. The fair-share methodology is provided as Appendix B to this MMRP. Implementation of Mitigation Measure T-5. Responsible Monitoring Party City of Carlsbad - Engineering Department - City Engineer City Engineering Department - City Engineer Required Time of Application Prior to issuance of certificate of occupancy for first residence. Prior to the recordation of the first master final map for the West Village. Monitoring Frequency Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Verification: West Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKf Appendix A) T13 T14 Mitigation Measure Implementation of Mitigation Measures T-3 and T-5. T-12 The developers of the West Village shall make their fair share contribution through the TIP program toward construction of a separate right-turn lane from northbound El Camino Real to eastbound Cannon Road. This improvement shall be installed by the City of Carlsbad or their designee and funded through the TIP program, when determined by the City to be needed. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the West Village. Also, the developer of the West Village shall construct a second southbound left turn lane for southbound El Camino Real to eastbound Cannon Road at the time that the West Village El Camino Real frontage improvements and third northbound lane are constructed. It is anticipated that this improvement can be accomplished through re-striping of the standard right-of-way section. Implementation of this measure shall be designed and secured as approved by the City Engineer prior to recordation of the first master final map for the West Village. Responsible Monitoring Party City Engineering Department - City Engineer City Engineering Department City Engineering Department - City Engineer Required Time of Application Prior to the recordation of the first master final map for the West Village. Prior to recordation of the first master final map for the West Village. Prior to recordation of the first master final map for the West Village. Monitoring Frequency Once, upon completion. Once, upon contribution. Once, upon completion. Shown on Plans/ Completion Date Verification: West Village only Date Init. Name Verification: West V/1/age only Date Init. Name Verification: West Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKP Appendix A) T15 Mitigation Measure > T-13 The developers of the East and West Villages shall make their fair share contribution toward construction of a westbound right-turn only lane and re-striping in the eastbound direction of a single left-turn lane, one thru lane, one shared thru/right-turn lane, and a separate right-turn lane at the intersection of El Camino Real and Faraday Avenue, all of which shall be installed by the City of Carlsbad or their designee when determined by the City to be needed. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the East and West Villages, respectively. Responsible Monitoring Party City Engineering Department Required Time of Application Prior to recordation of the first master final map for the East and West Villages, respectively. Monitoring Frequency Once, upon contribution. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 10 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) T16 Mitigation Measure T-14 The developers of the East and West Village shall make their fair share contribution toward construction of a fourth northbound thru-lane, a separate eastbound right-turn only lane and dual southbound right-turn only lanes at the intersection of Palomar Airport Road and Melrose Avenue. This project may be funded through the TIP program. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department prior to recordation of the first master final map for the East and West Villages, respectively. Responsible Monitoring Party City Engineering Department Required Time of Application Prior to recordation of the first master final map for the East and West Villages, respectively. Monitoring Frequency Once, upon contribution. Shown on Plans/ Completion Date Verification: Easf V/7/age Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 11 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) Mitigation Measure AQ1 AQ-1 Prior to the issuance of grading permits, a construction dust abatement management program shall be prepared and submitted to the City of Carlsbad for approval. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department on establishment of the program, and periodic inspection during grading. Off -Rood Mobile Source PM,0 Emission Reduction • At a minimum, water active sites twice daily. • Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommended water sweepers with reclaimed water). Fine Parf/cufafe Matter (PM,,) Emission Reduction • In disturbed areas, replace ground cover as quickly as possible. • Enclose, cover, water twice daily, or apply non-toxic soil binders according to manufactures' specification to exposed piles (i.e., gravel, sand, and dirt) with five percent silt content. • During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency shall be required whenever the winds exceed 15 mph. Reclaimed water shall be used, as feasible. • Suspend all excavating and grading operations when wind speeds exceed 25 mph. • Builders and/or contractors shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading for the structure. Paved Roads ' At a minimum, sweep streets at the end of each day if visible soil material is carried onto adjacent streets. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer) in accordance with the requirements of California Responsible Monitoring Party ^ff^^^^^B^^^^m^^^^^MiiM|»P|«pB^Mi8B!B^^^^^^H^^^^^^BiliJ^^^^P City Engineering Department Required Time of Application Prior to issuance of grading permits. Monitoring Frequency ^^^^^K^^H^^^^^^^™Ongoing, periodic inspection during grading. Shown on Plans/ Completion Date S^^SamMimm^aaammimm^jjHJIllBMMi^HKiMH!||n|W^^ttimiKBsoSMTOlMteaMfliimBaiP Verification: Easf Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 12 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Mitigation Measure Vehicle Code (CVC) Section 23 11 4. • Gravel pads (construction entrances) shall be installed at all access points to prevent tracking of mud onto public streets. Unpaved Roads • Apply water a minimum of three times daily to all unpaved roads, parking and staging areas. • Traffic speeds on all unpaved roads to be reduced to 1 5 mph or less. Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date Robertson Ranch Master Plan Final EIR 13 April 2006 Mitigation Monitoring and Reporting Program Impact Number (impact provided In MMRP Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date AQ1 AQ-2 Prior to the issuance of grading permits, an off-road and on-road mobile source emission reduction program shall be prepared and submitted to the City of Carlsbad for approval. Implementation of this measure shall be verified by the City of Carlsbad Engineering Department on establishment of the program, and periodic inspection during construction of the project. Off-Road Mobile Source NO* Emission Reduction • Heavy-duty diesel-powered construction equipment manufactured after 1996 (with federally mandated "clean" diesel engines) shall be utilized wherever feasible. • The engine size of construction equipment shall be the minimum practical size. • The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical numbers are operating at any one time. • Construction equipment shall be maintained in tune per the manufacturer's specifications. • Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or precombustion chamber engines. • Catalytic converters shall be installed on gasoline-powered equipment, if feasible. • Diesel catalytic converters shall be installed, if available. • Use electricity from power poles rather than temporary diesel or gasoline power generators. On-Rood Mobile Source Emission Reduction • Trip reduction plan to achieve a 1.5 average vehicle ratio (AVR) for construction employees. By encouraging an AVR of 1.5, the criteria pollutant emissions identified would effectively be reduced by roughly 33 percent. • Construction worker trips shall be minimized by requiring carpooling and by providing for lunch onsite. City Engineering Department Prior to issuance of grading permits. Ongoing, periodic inspection during construction. Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 14 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRF Appendix A) AQ2 Mitigation Measure AQ-3 Prior to approval of site development plans for PA 1 1, the City shall assure that all of the operational mitigation measures identified below are identified and included as part of the project development plans, as applicable. These measures shall be implemented by the project applicant of each individual project when development plans are proposed, and shall be verified by the City of Carlsbad Planning Department. • The City shall recommended that the proposed surrounding commercial facilities which incorporate gas stations utilize pumps dispensing oxygenated gasoline (especially during winter months, typically taken as November through February inclusive) in an effort to reduce overall CO emissions within the air basin due to traffic traveling to and from the project site. In addition, the City shall recommend that workers at surrounding commercial facilities participate in ride-share programs and or seek alternate forms of transportation to the site. • Future onsite commercial land uses shall implement shuttle services for their employees and patrons, as applicable. • Future project specific developments shall implement design measures that promote the use of alternative modes of transportation, such as: — Mixed-use development (combine residential, retail, employment, and commercial). — Sidewalks; safe street and parking lot crossings; showers and locker rooms; sheltered transit stops; theft-proof well-lighted bicycle storage facilities with convenient access to building entrance; carpools and vanpools. — Onsite services to reduce need for offsite travel such as: child care; telecommute center; retail stores; postal machines; and automatic teller machines. — Commercial and retail businesses shall schedule operations during off-peak travel times; adjust business hours; and allow alternative work schedules, telecommuting. — Provide preferential parking for carpool/ vanpool vehicles. — Construct transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc. — Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development. • Increase walls and attic insulation beyond Title 24 requirements. • Plant shade trees in parking lots to reduce evaporative emissions from parked Responsible Monitoring Party City Planning Department Required Time of Application Prior to approval of site development plans for PA 1 1 . Monitoring Frequency Once, upon approval of site develop- ment plans for PA 1 1 . Shown on Plans/ Completion Date Verification: Wesf Village only Date Init. Name Robertson Ranch Master Plan Final EIR April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided fn MMKP Appendix A) Mitigation Measure vehicles. • Use lighting controls and energy-efficient interior lighting, and built-in energy efficient appliances. • Use double-paned windows. • Use energy-efficient low sodium parking lot and streetlights. Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date Robertson Ranch Master Plan Final EIR 16 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKF Appendix A) AQ2 Mitigation Measure AQ-4 Gas-burning only "fireplaces," which would not be subject to the NSPS particulate emission requirements shall be required for residential units that have fireplaces. This requirement shall be shown on building plans and verified prior to the issuance of building permits. Responsible Monitoring Party City Building and Planning Departments Required Time of Application Prior to issuance of any building permits. Monitoring Frequency Once, upon completion of application for building permits in each residential planning area. Shown on Plans/ Completion Date Verification: East Village Date Init. Name DPA14 DPA15 DPA16 DPA17 DPA18 DPA21 DPA22 Verification: West Village Date Init. Name DPA1 DPA3 D PAS DPA6 DPA7 DPA8 DPA9 DPA10 DPA13 Robertson Ranch Master Plan Final EIR 17 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) AQ3 Mitigation Measure AQ-5 Zero emission VOC paints shall be utilized for all architectural coatings within the proposed Master Plan development. Responsible Monitoring Party City Planning Department Required Time of Application Prior to application of architectural coatings on structures. Show on architectural plans. Monitoring Frequency Ongoing, periodic inspection during application of architectural coatings. DPA14 DPA15 DPA16 DPA17 DPA18 DPA21 DPA22 DPA1 DPA3 D PAS DPA6 DPA7 D PAS DPA9 D PAID DPA11 DPA13 Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 18 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date Nl N-1 Prior to determining that a discretionary review application is complete, a site-specific (e.g., per Planning Area) acoustical assessment shall be prepared for future proposed residential projects in the East and West Village Planning Areas that front Tamarack Avenue, El Camino Real, Cannon Road, and/or College Boulevard (PA's 1, 7, 15, 17, 18, 21, and 22) and non-residential uses in PA's 11 and 22. This shall occur at the time specific grading and site plans are available, in order to determine the specific mitigation requirements for exterior and interior noise level compliance. The site-specific acoustical mitigation shall be identified on, and included as part of the project development plans. Mitigation based on the site-specific acoustical assessments may include installation of noise barriers greater than 12 feet in height (with respect to the finished pad vs. final roadway elevation) along portions of Tamarack Avenue, Cannon Road, College Boulevard, and El Camino Real to achieve a noise reduction of up to 18 dB, which is necessary in order to achieve attainment of the City of Carlsbad exterior and interior noise limits. City policy dictates that walls greater than six feet in height are not allowed. The recommended barrier height could include a combination of berm, wall (not to exceed six feet in height), plexiglass and/or elevational differential between the noise source and receptor. City Planning Department Upon availability of site specific grading and site plans. In conjunction with review of the project development plans. Note on plans which mitigation is required. Once, upon approval of grading and building plans. QPA15 DPA17 DPA18 DPA21 DPA22 DPA1 DPA7 a PAH Verification: East Village Date Init. Name Verification: Wesf V/7/age Date Init. Name Robertson Ranch Master Plan Final EIR 19 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKF Appendix A) Nl Mitigation Measure N-2 For residential uses within PA's 1 , 7, 1 5, 1 7, 1 8, 21 , and 22 and non-residential uses in PA's 11 and 22, architectural features needed to achieve the interior noise standard shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. All noise level reduction architectural components shall be shown on the architectural building plans, and shall be approved. Responsible Monitoring Party City Building and Planning Departments Required Time of Application Prior to the issuance of building permits for residential projects located within PA's 1,7, 15, 17, 18, 21, and 22) and non- residential uses in PA's 1 1 and 22. Monitoring Frequency Once, upon completion of discretionary review. DPA15 PPA17 DPA18 DPA21 DPA22 DPA1 DPA7 DPA11 Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf V/7/age Date Init. Name Robertson Ranch Master Plan Final EIR 20 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKP Appendix A) N2 Mitigation Measure N-3 New residents within the McClellan-Palomar Noise Impact Notification Area as defined by the CLUP shall be notified as part of the sales disclosure package and through CC&Rs that the project area is outside the 65 db(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. This measure shall be implemented concurrent with the sales disclosure package and prior to approval of CC&Rs. Responsible Monitoring Party City Planning Department Required Time of Application Incorporate into draft CC&R's prior to approval of final map. Submit recorded CC&R's prior to issuance of building permits. Monitoring Frequency Prior to final map. Prior to issuance of building permits. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 21 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) N2 Mitigation Measure N-4 The following condition of approval shall be placed on all projects within the McClellan- Palomar Airport Noise Impact Notification Area: "Prior to the recordation of the first final (tract/parcel) map, or the issuance of the building permits, whichever occurs first, the Developer shall prepare and record a notice that the property is subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport, in a form meeting the approval of the Planning Director and City Attorney. (See Noise Form #2, on file in the Planning Department)" > Responsible Monitoring Party City Planning Department Required Time of Application Include in project conditions of approval. Monitoring Frequency Once, prior to recordation of the final map. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf V/7/age Date Init. Name Robertson Ranch Master Plan Final EIR 22 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMftP Appendix A) Bl Mitigation Measure B-1 The primary mitigation for impacts to HMP Species under the HMP is the conservation and management of habitat for the species in the preserve system. The HMP also states, "In addition, in compliance with the Endangered Species Act requirements that the impacts of incidental take be minimized and mitigated to the maximum extent practicable, measures to avoid and reduce impacts will apply citywide on a project level basis." This measure requires that the development configuration depicted on the Master Tentative Map for the East and West Villages include a minimum of 70% total of the on-site coastal sage scrub for preservation. A conservation easement shall be established for the proposed open space conservation areas. As a condition of project approval, the applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code Section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, Section 20.04.140, the applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. As such, prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the project applicant shall take the following actions to the satisfaction of the City of Carlsbad Planning Director in relation to the open space lot(s). The Wildlife Agencies (U.S. Fish and Wildlife Service and California Department of Fish and Game) shall review and approve the conservation entity, Property Analysis Record, and conservation easement: a. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in Responsible Monitoring Party IBM City Planning Department - Planning Director in consultation with the Wildlife Agencies. Required Time of Application Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first. Monitoring Frequency Once, upon completion. East Village D Select conservation entity D Record Conservation Shown on Plans/ Completion Date Verification: Easf Village (PAs 23D & E) Date Init. Name Verification: West V/7/age (PA 23C) Date Init. Name Verification: West Village (PAs 23A & B) Date Init. Name Robertson Ranch Master Plan Final EIR 23 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) Mitigation Measure perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. The PAR analysis for the open space preserve shall account for all of the monitoring and management items identified for all Carlsbad covered species, including the monitoring strategy identified in MHCP Volume III (see EIR Appendix A.3). e. Prior to issuance of a grading permit or recordation of the first final map for each Phase, provide evidence of transfer of fee title or easement over the open space lot(s) (for each respective Phase) to the selected conservation entity. Timing of Open Space Dedication: East Villaae - PA 23D and 23E. An ooen soace and/or conservation easement shall be recorded over PA 23D and PA 23E with the first final map (master final map) for the East Responsible Monitoring Party Required Time ot Application Prior to recordation of Monitoring Frequency Easement D P.A.R. D Monitoring and Manage- ment Plan D Endow- ment D Revege- tation Plan Wesf Viflage D Select conservation entity D Record Conservation Easement D P.A.R. Cl Monitoring and Manage- ment Plan D Endow- ment D Revege- tation Plan Shown on Plans/ Completion Date Verification: East Village Robertson Ranch Master Plan Final EIR 24 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKP Appendix A) Mitigation Measure Village. At that time, title to the land and/or beneficiary of the easement shall be transferred to the conservation entity or other management body acceptable to the City of Carlsbad. The developer shall continue to hold maintenance responsibility for restored or revegetated areas within these planning areas until the success criteria for the restored or revegetated areas has been met, and maintenance responsibility has been transferred. An easement for an area of coastal sage scrub restoration located within the habitat corridor on the West Village (which is the responsibility of the East Village developer) shall also be provided with the first final map (master final map) for the East Village. West Villaae - PA 23C. An ooen space and/or conservation easement shall be recorded over PA 23C with the first final map for the West Village. The timing of this dedication is required with the West Village due to the coastal sage scrub restoration program that will be implemented upon the expiration of the Parkway Nursery lease, within PA 23C. At that time, title to the land and/or beneficiary of the easement shall be transferred to the conservation entity or other management body acceptable to the City of Carlsbad. The developer shall continue to hold maintenance responsibility for restored or revegetated areas within these planning areas until the success criteria for the restored or revegetated areas has been met, and maintenance responsibility has been transferred. West Villaae - PAs 23A and 23B. An open space and/or conservation easement shall be recorded over PA 23A and PA 23B with the first final map (master final map) for the West Village. At that time, title to the land and/or beneficiary of the easement shall be transferred to the conservation entity or other management body acceptable to the City of Carlsbad. The developer shall continue to hold maintenance responsibility for restored or revegetated areas within these planning areas until the success criteria for the restored or revegetated areas has been met, and maintenance responsibility has been transferred. Responsible Monitoring Party Required Time of Application the final map or prior to issuance of a grading permit for the East Village. Prior to recordation of the final map or prior to issuance of a grading permit for the East Village. Prior to recordation of the final map or prior to issuance of a grading permit for the West Village. Monitoring Frequency Shown on Plans/ Completion Date (PAs 23D & E) Date Init. Name Verification: West Village (PA 23C) Date Init. Name Verification: West Village (PAs 23A & Bj Date Init. Name Robertson Ranch Master Plan Final EIR 25 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Bl Mitigation Measure B-2 Development and preservation areas shall be as shown on the exhibit labeled "HMP Hardline Map" dated September 1 5, 2004 (as shown on Figure 3-6 of this EIR) (see Appendix C of this MMRP). No fuel modification is permitted within the "hardline" open space areas depicted on Figure 3-7 (fuel modification is limited to those areas shown on Figures 5.10-1 and 5. 10-2 only). -. A coastal sage scrub restoration program shall be implemented as shown on Figure 5.5-6. Restoration is proposed under two separate restoration plans as follows: All slopes within the wildlife corridor (East and West Villages) that are graded as part of the proposed project shall be restored with coastal sage scrub vegetation. The restoration program shall be subject to a five-year maintenance and monitoring program, with a requirement to meet agency-approved success criteria. This restoration program shall be approved by the Wildlife Agencies prior to the commencement of any clearing or grading associated with implementation of the proposed project (East and West Villages). The restoration program shall include site preparation guidelines, implementation monitoring. performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. Such measure shall also be applicable to the ten (10) acres of additional coastal sage scrub restoration Calavera Hills II LLC will implement within the preserve areas of the project. Responsible Monitoring Party City Planning Department Required Time of Application Upon the expiration of the Parkway Lease (expires in August 2006 and will not be renewed). Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: East Village (PA 23D & E) Date Init. Name Verification: West Village (PA 23C) Date Init. Name Verification: West Village (PA 23A & B) Date Init. Name Robertson Ranch Master Plan Final EIR 26 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date The revegetation of Area A (in Table A, as Appendix D to this MMRP) will be the responsibility of the developer of the East Village and will be initiated prior to any clearing or grading of existing costal sage scrub for the Robertson Ranch development. The revegetation of Area B (in Table A, as provided in Appendix D to this MMRP) shall occur once grading to an approximate 5:1 slope gradient has been completed. This grading will be initiated upon expiration of the Parkway Nursery lease and vacation of the property by the Nursery operation. West Village - PA 23C. A separate restoration plan shall be prepared and implemented for the portions of the project site within the habitat corridor currently subject to agricultural activity and the Parkway Nursery lease. The restoration program shall be subject to a five- year maintenance and monitoring program, with a requirement to meet agency- approved success criteria. This restoration program shall be approved by the Wildlife City Planning Department in consultation with Biological Monitor City Planning Department Prior to any clearing or grading/ removal of coastal sage scrub habitat. Once, upon completion. Verification: East Village Date Init. Name Prior to approval of the first Final Map for Robertson Ranch. Once, upon completion. Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 27 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Mitigation Measure Responsible Monitoring Party Required lime of Application Monitoring Frequency Shown on Plans/ Completion Date Agencies prior to the commencement ot any clearing or grading associated with implementation of the proposed West. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. However, this component of the restoration plan will be less extensive than that identified above (restored slopes and 10-acre restoration area), consisting primarily of hydroseeding, and with limited plantings, with the goal to re- introduce native vegetation into these areas. This program will be implemented upon the expiration of the Parkway Lease (which expires in August 2006 and which will not be renewed). Upon the expiration of the Parkway Nursery lease, the entire habitat corridor along the SDG&E easement will be subject to a conservation easement and managed as open space, except for those specific activities SDG&E undertakes within its utility easement consistent with SDG&E's operation and maintenance requirements. Management of the corridor is anticipated to be performed by an independent private or public conservation entity experienced in management of biological resource areas. The amount of funds required to manage and ensure long-term biological integrity of the habitat corridor will be determined by a property analysis record (PAR) based on the specific requirements and potential for urban stress on the corridor. Standard protocol for funding of such corridors dictates that a non-wasting account (endowment) be set up by the owner of each portion of the property (East Village, West Village) for their respective portion of corridor to be managed. The re-introduction of coastal sage scrub vegetation to Area C (in Table A, as provided in Appendix D to this MMRP) will commence upon completion of grading within the corridor. City Planning Department Prior to approval of the first Final Map for Robertson Ranch. Once, upon completion. Verification: Wesf Village Date Init. The Future West Village Revegetation (re-introduction of coastal sage scrub at PA3/EI City Planning Prior to Once, upon Name Verification: Robertson Ranch Master Plan Final EIR 28 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Bl Mitigation Measure Camino Real) shall occur at the time that grading for the future residential street between PA8/1 1 and PAID in the West Village is completed. B-3 Prior to the recordation of a final map or issuance of a grading permit, whichever occurs first, the applicant shall contribute an in-lieu Mitigation Fee (Category F) consistent with Section E.6 of the City's Habitat Management Plan and City Council Resolution No. 2000- 223 as follows: • Non-Native Vegetation Mitigation Fee: East Village = 0.76 acre; West Village = 0.52 acre • Eucalyptus Woodland Mitigation Fee: East Village = 0.52 acre; West Village = 1 .88 acre • Agricultural Lands Mitigation Fee: East Village = 0.00 acre; West Village = 8.47 acre • Agricultural Lands Mitigation Fee: East Village = 84.50 acre; West Village = 1 35.50 acre Responsible Monitoring Party Department City Planning Department Required Time of Application approval of Final Maps for West Village. Prior to the recordation of a final map or issuance of a grading permit, whichever occurs first. Monitoring Frequency completion. Once, upon contribution. Shown on Plans/ Completion Date Wesf Village Date Init. Name Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 29 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Bl Mitigation Measure B-4 To avoid impacts to adjacent open space habitats during construction all impacted open space interfaces will require construction fencing, which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be maintained for the duration of construction activity. Implementation of this measure shall be verified by the project Biological Monitor and reported to the City of Carlsbad Planning Department concurrent with construction. * The project applicant shall temporarily fence (with silt barriers) the limits of project impacts (including construction staging areas and access routes) to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the Service for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas (including riparian/wetland or CSS) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the Service. Any upland habitat impacts that occur beyond the approved fenced shall be mitigated at a minimum 5:1 ratio. Temporary construction fencing shall be removed upon project completion. Responsible Monitoring Party Project Biological Monitor and City Planning Department Required Time of Application Installation prior to clearing, grubbing, and grading. Monitoring Frequency Periodic inspection during construction of Easf V/7/age. D Fencing D Plans/ photos to USFWS Periodic inspection during construction of Wesf Village. D Fencing D Plans/ photos to USFWS Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 30 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) Bl VI Mitigation Measure B-S A Wildlife Agency-approved biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City of Carlsbad Planning Department prior to and concurrent with construction. B f. if pnrrtrl '^'rin nf n trnilhnnH r nrnnnrrt^ ».,;+^:« *i^~ "^'-nhnnHIn" /PA °TF1 thn fnllnuyinn located at loart 100 foot from riparian/wetland "ogotation' 3) bo located at loa't 500 foot dotontion ba-in 'hall bo maHmrod and tho '"l t"h II bo cloanod a* noodod Miti ation for im act- ar-ociafod with tho arkin ot -h «* ur on "ito Tho crook cro-in -hall impact lo" than 0 °5 aero of land and '"ould ontail a bridgo that "pan" tho 100 yoar flood 2004 exhibit) and. 2| croato 12,000 square foot of wotland habitat in the panhandle aroa. Responsible Monitoring Party City Planning Department Required Time of Application Hire qualified biological monitor prior to clearing. grading, and grubbing. "' Monitoring Frequency Periodic inspection during clearing, grading, and construction activities in the vicinity of biological open space areas. t~\n*-n 1 mnn Shown on Plans/ Completion Date Verification: Easr Village Date Init. Name Verification: Wesf Village Date Init. Name \/-.ri«.~n«>.n. Dato Init N m Robertson Ranch Master Plan Final EIR 31 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided (n MMKP Appendix A) B3 Mitigation Measure B-7 This measure requires that "no net loss" of wetlands will occur with development of the proposed project. The development configuration of the Master Tentative Map for the East Village shall include the proposed on-site restoration area, unless prior to this time some offsetting mitigation credit is given by the Wildlife Agencies for biological enhancement within the West Village. A minimum of 0.22 acre of coastal and valley freshwater marsh and 0.61 acre of southern willow scrub shall be provided. (Refer to EIR Table 5.5-7 provided in Appendix E of this MMRP). A 100-foot buffer from wetland vegetation shall be provided where feasible. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, and the U.S. Fish and Wildlife Service staff shall be consulted in such buffer determinations. Responsible Monitoring Party City Planning Department - Planning Director City Planning Department - Planning Director Required Time of Application Prior to approval of Master Tentative Map for the East Village. Upon review of development proposals for PA1.2, 20, and 22. Monitoring Frequency Once, upon completion. DPA20 DPA22 DPA1 DPA2 Shown on Plans/ Completion Date Verification: East Village only Date Init. Name Verification: Easf Village Date Init. Name Verification: Wesf W/age Date Init. Name Robertson Ranch Master Plan Final EIR 32 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided (n MMRP Appendix A) Mitigation Measure Notwithstanding that all wetlands and riparian impacts (0.83 ac.) are a result of the West Village development; the mitigation site is located within the boundaries of the East Village (within the panhandle, adjacent to the existing Calavera Hills mitigation project), or within the on-site habitat corridor in a location approved by the Resource agencies. As proposed, the restoration areas on the project site (PA 23E) contains sufficient area so as to exceed normal mitigation requirements. EIR Figure 5.5-7 depicts the location of future on- site wetlands/riparian restoration areas. (This figure is provided in Appendix F of this MMRP). Also, prior to approval of a grading permit for the West Village, the Planning Director shall confirm that a wetlands/riparian restoration plan has been prepared and approved by the California Department of Fish and Game and the U.S. Army Corps of Engineers. Further, enhancement or restoration within the Drainage A riparian corridor (between PA 1 and PA 2) can also constitute mitigation credit for wetlands impacts. Responsible Monitoring Party City Planning Department - Planning Director Required Time of Application Prior to approval of a Master Tentative Map for the West Village. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: Wesf Village only Date Init. Name Robertson Ranch Master Plan Final EIR 33 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) B4 Mitigation Measure B-8 This measure requires, per the HMP, no clearing of occupied gnatcatcher habitat or construction that will result in direct impacts to sage scrub or which occurs within 300 feet of occupied sage scrub shall take place between February 15 and August 31 unless authorized by the Wildlife Agencies after consultation. Since the project's focused gnatcatcher surveys were conducted in 2001, updated protocol-level surveys shall be performed no longer than one year before the initiation of project construction for the East Village, and subsequently, no longer than one year before the initiation of project construction for the West Village, to provide an accurate mapping of current occupied habitat. Surveys for loggerhead shrike shall also be conducted concurrently with gnatcatcher surveys. If clearing and construction cannot be restricted to outside of the breeding season appropriate conservation measures shall be implemented, subject to the approval of the Wildlife Agencies, to ensure that no impact to this species occurs. Avoidance of noise- related impacts to occupied habitat can be assured through implementation of noise reduction methods (e.g., a noise barrier or wall) to reduce noise within occupied habitat to a level below 60 dBA and/or as allowed by the Wildlife Agencies. Implementation of this measure shall be verified by the City of Carlsbad Planning Department concurrent with construction. Responsible Monitoring Party City Planning Department/ Wildlife Agencies Wildlife Agencies Required Time of Application Prior to the first grading permit and during construction. Updated protocol surveys within one year prior to initiation of project construction. Approval for clearing, grubbing, or grading if proposed between February 15 and August 31. Monitoring Frequency Periodic inspection during grading or construction near California gnatcatcher nests. Prior to issuance of grading permit. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 34 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRF Appendix A) B5 Mitigation Measure B-9 This measure requires that if sensitive nesting birds (e.g., least Bell's vireo or southwestern willow flycatcher) are located outside of the project footprint, but within 300 feet of the proposed work area, noise reduction measures (e.g., noise barrier/wall) shall be implemented to prevent noise impacts within occupied habitat during the breeding season (April 15 through July 31) subject to the approval of the Wildlife Agencies. Focused surveys for the vireo and flycatcher were conducted in 2001 . If work is proposed within 300 feet of suitable habitat during the breeding season, updated surveys are required to ensure that current occupied habitat is identified and appropriate noise reduction measures are implemented as necessary. Noise reduction measures will need to meet the minimum standard of reducing noise levels to below 60 dBA within occupied habitat, unless otherwise agreed upon by the Wildlife Agencies. If construction within 300 feet of riparian scrub or woodland habitat is not proposed during the breeding season, updated surveys are not required. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. Responsible Monitoring Party City Planning Department/ Wildlife Agencies Required Time of Application If work is proposed within 300 feet of suitable habitat during the breeding season (April 15-August31). Monitoring Frequency Periodic inspection during grading or construction. Shown on Plans/ Completion Date Verification: Easf V/7/age Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 35 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided )n MMKP Appendix A) B6 Mitigation Measure B-10 This measure requires, per the HMP, that protocol surveys for burrowing owl shall be conducted in all Standards Areas and any areas outside of the Focus Planning Areas that contain suitable habitat. Winter surveys were conducted in 2005 and pre-grading surveys shall be conducted prior to any construction. The surveys will serve to identify owl burrow locations for the purposes of avoidance (where practicable) or passive relocation. Specifically, if burrowing owls are identified on-site, the following HMP mitigation measures will be implemented: • Development shall avoid direct impacts to the nest site to the maximum extent practicable. If impacts are unavoidable, any impacted individuals shall be relocated to a conserved area of suitable size and characteristics, using passive or active methodologies approved by the Wildlife Agencies. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. Responsible Monitoring Party City Planning Department Required Time of Application Surveys to be completed prior to grading or construction. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 36 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) B7 Mitigation Measure B-11 Prior to the issuance of a grading permit for the East Village, and subsequently the West Village, a biological survey shall be conducted of the project area (if grading is proposed during the breeding season). If active raptor and/or migratory bird nests are observed during the construction phase of both the East Village and subsequently the West Village, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September through January). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City of Carlsbad Planning Department. Responsible Monitoring Party Planning Department Required Time of Application Prior to issuance of grading permits for East and West Villages. Trees shall be removed September through January. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf V//loge Date Init. Name Robertson Ranch Master Plan Final EIR 37 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) B8 Mitigation Measure B-12 This measure requires avoidance and/or mitigation of impacts associated with roadways (within Linkage B): additional measures (e.g., fencing, lighting restrictions) shall be required to encourage the continued use of the corridor and use of the two under crossings. It shall be noted that only the first of these criteria (i.e., the fencing) is a direct responsibility of the Robertson Ranch project relative to the College Boulevard undercrossing. The wildlife undercrossing design shall be shown on the Master Tentative Map. The required measures are described below: • Where roads cross the corridor (Linkage B) a substantial fence shall be erected to funnel wildlife toward appropriate underpasses. (Note: wildlife undercrossing locations shown in Appendix C of this MMRP). These fences shall be buried at least one foot underground so animals cannot readily dig underneath. As stated previously, fencing is not proposed along El Camino Real, where it will occur on one side of the road only and could trap wildlife on the roadway. The ultimate design and specific location of the fencing will be decided in coordination with the Wildlife Agencies. Also, natural vegetative cover shall be established and maintained at either end of the wildlife underpasses. Concrete V- ditches shall be eliminated to allow for natural stream flows, and any water drainage area in the base of each culvert shall be as narrow as possible and placed to the side, rather than the center. A Responsible Monitoring Party City Planning and Engineering Departments Required Time of Application At the time specific plans for the proposed undercrossings are prepared and submitted to the City for review, and shown on the Master Tentative Map. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name College Boulevard Undercrossing D Fencing Verification: West Village Date Init. Name Street "2" Undercrossing (PA11 to PAID) D Fencing D Sound wall D Light D Vegetation Robertson Ranch Master Plan Final EIR 38 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKF Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date • Installation of a 6-foot-high (measured from the ground up) wing fencing on both sides of the culvert. The fencing shall have mesh that is smaller than 10 centimeters by 15 centimeters. • Noise within the culverts shall not exceed 60 dBA Leq. This could be accomplished by the use of sound walls. • No artificial light shall stray within the culvert openings. • Use of skylight openings within the underpass (on any new underpass) to allow for vegetation cover within the underpass. • All undercrossings shall be surrounded by native vegetation. Implementation of this measure shall be verified by the City of Carlsbad Planning and Engineering Departments at the time specific plans for the proposed undercrossings are prepared and submitted to the City for review. The proposed wildlife corridor design shall be reviewed by a qualified biologist. Robertson Ranch Master Plan Final EIR 39 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) B9 Mitigation Measure B-13 This measure requires that prior to approval of future building permits, each development shall be inspected by the City's Parks and Planning Departments to determine that the lighting restrictions established by the "Agreement" with the Wildlife Agencies will avoid excess illumination of open space areas through repositioning, redirecting (shielding, down- casting), and/or the use of low sodium lighting. The sports park lighting, and any periphery lighting (including low-sodium lights) adjacent to the wildlife habitat corridor shall be designed so that there is no measurable (shall not exceed 3 footcandles) light spillover into the habitat corridor, and a small passive use area will be included in the park's design at the top of slope to buffer the wildlife corridor. In areas where spillover exceeding 3 footcandles cannot be avoided, trees shall be located near the light standards to filter the light spillover into the open space. The following measures shall be implemented: • Maximum light spillover shall not exceed 3 footcandles • Use of full cut-off lighting fixtures • Limit hours of operation to 10:00 p.m. (park use) • Additional trees shall be planted between the open space and residential areas and the future sports field light standards. The Wildlife Agencies will provide further review of the lighting analysis prepared for the Robertson Ranch Master^lan Program EIR and the proposed lighting plan to ensure that light spillover has been appropriately attenuated. Responsible Monitoring Party City Planning and Parks Departments in consultation with Wildlife Agencies City Planning Department Required Time of Application Prior to approval of park development plans. • Trees to be planted in conjunction with grading for corridor adjacent to park site. • Additional trees to be planted on park site in conjunction with park development. as needed. Include in conditions of approval for residential and commercial development areas that lights shall be shielded to prevent light spillover. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: West Village DPA12 Date Init. Name Robertson Ranch Master Plan Final EIR 40 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) B9 Mitigation Measure B-14 To ensure continued use of Linkage B and all areas of biological open space by a variety of HMP species, efforts to reduce detrimental edge effects shall be undertaken. Any linear vegetation feature has an increased amount of edge relative to a large vegetation patch. If this increased amount of edge is bordered by development or disturbed habitat the potential for detrimental edge effects is high. To combat these effects the following measures are required: • Residents whose lots back onto the Linkage lands, shall be apprised through the developments CC&R's of the sensitivity of the adjacent lands via signage and informed of penalties for illegal intrusion (via uncontrolled access points or expansion of landscaping, etc.), and/or illegal dumping (materials into biological open space). • Fencing shall be installed to deter open access to the biological open space where the open space lies adjacent to residential development, ancillary facilities, or a roadway. Fencing shall also preclude (to the extent feasible) access of the open space by domestic pets. Access points to the biological open space shall be carefully controlled to reduce habitat degradation. Responsible Monitoring Party City Planning Department Required Time of Application Prior to approval of CC&R's. Prior to recordation of final map. Monitoring Frequency Once, upon completion of CC&R's. Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 41 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) B9 Mitigation Measure B-15 Two noxious plant species: giant cane (arundo donax) and pampas grass (corfaderio jubata) shall be eliminated from all areas of the property to be retained in open space. If identified, additional significant noxious plant species currently growing within Linkage B shall be flagged by a trained biologist and carefully removed (if such a removal can practically be achieved) so that seeds are not dispersed. In addition, the use of invasive exotic plants within landscaping areas adjacent to the proposed open space areas shall be prohibited through the application of Covenants, Conditions, and Restrictions (CC&R's). The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City of Carlsbad Planning Department during review of proposed landscape plans. Responsible Monitoring Party Project Biologist City Planning Department City Planning Department Required Time of Application Removal of invasive species shall be in conjunction with revegetation plans. Include list of exotic species in CC&R's. Review proposed landscape plans. Monitoring Frequency During implementati on of revegetation plans. Incorporate into draft CC&R's prior to approval of final map. Submit recorded CC&R's prior to issuance of a building permit. Once, upon review of landscape plans. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 42 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Bl Mitigation Measure B-16 The project's open space shall be included within (contribute to) the Carlsbad Habitat Management Plan preserve areas. Management of the designated open space shall be undertaken by a professional management entity (e.g.. Center for Natural Lands Management) with experience in managing biological open space in the Southern California region. An area specific management plan shall be developed and a non- wasting endowment or other financial guarantee shall be established (based upon a Property Analysis Record) by the developer to fund the management of the preserve except where other management funds become available. The designated management entity will ensure compliance with the HMP conditions of coverage for HMP species through implementation of the approved area specific management plan. Specifically, suitable riparian habitat for least Bell's vireo and yellow-breasted chat and suitable upland habitats for California gnatcatcher and southern California rufous-crowned sparrow within the open space will be managed to meet the conditions of coverage for these species, if present. In order to provide for the cost of the long-term maintenance and biological monitoring program for the preserve, a long-term management program shall be defined and funded. The criteria for trail development (e.g., fencing, signage) shall be included in the management program. The property owner/on-site environmental manager will initially propose a scope of work for the long-term management program. The scope of work shall then be subject to review by the City and Wildlife Agencies. Based upon the scope of work and associated costs agreed to by the developer or their successors and the City, a funding mechanism for the long-term maintenance can be a non-wasting endowment or other financial guarantee acceptable to the City. The long-term maintenance program shall be a separate agreement between the City and the property owner. Responsible Monitoring Party Wildlife Agencies and City Planning Department. Required Time of Application PA 23D & E: Prior to approval of the first final map or grading permit for the East Village. PA 23C: Prior to approval of the first final map for the Robertson Ranch Master Plan, or issuance of a grading permit for the habitat corridor. PA 23A & B: Prior to approval of the first final map or grading permit for the West Village. Monitoring Frequency Once, upon completion. Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: Easf Village (PA 23D & E; Date Init. Name Verification: West Village (PA23Q Date Init. Name Verification: West Village IPA23A & B) Date Init. Name Robertson Ranch Master Plan Final EIR 43 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) B4, B9 Mitigation Measure B-17 A monitoring biologist approved by the Service shall be on site during initial clearing and grubbing of habitat, which should occur outside of the gnatcatcher breeding season, or as allowed pursuant to Mitigation Measure B-8. The monitoring biologist shall perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint outside the gnatcatcher breeding season. Surveys shall begin a maximum of seven days prior to performing vegetation clearing/grubbing and one survey shall be conducted the day immediately prior to the initiation of remaining work. If any gnatcatchers are found within the project impact footprint, the biologist shall direct construction personnel to begin vegetation clearing/grubbing in an area away from the gnatcatchers. In addition, the biologist shall walk ahead of clearing/grubbing equipment to flush birds towards areas of CSS to be avoided. It shall be the responsibility of the biologist to ensure that gnatcatchers shall not be injured or killed by vegetation clearing/grubbing. The biologist shall also record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. The applicant shall notify the Service at least seven days prior to vegetation clearing/grubbing to allow the Service to coordinate with the biologist on bird flushing activities. Responsible Monitoring Party City Planning Department and U.S. Fish and Wildlife Service Required Time of Application Hire Biological Monitor prior to issuance of grading permit. Monitor present during initial clearing and grubbing of habitat. Surveys no more than seven days prior to performing vegetation clearing/ grubbing and one survey the day before the initiation of remaining work. Monitoring Frequency Ongoing, throughout clearing and grubbing. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 44 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) B4, B9 Mitigation Measure B-18 For subsequent construction work performed during the gnatcatcher breeding season, a monitoring biologist shall be on site during significant noise-generating project construction activities (e.g., including but not necessarily limited to grading, drilling, blasting, etc.) within 300 feet of preserved habitat to ensure compliance with all conservation measures. The biologist shall be knowledgeable of upland biology and ecology. The applicant shall submit the biologists name, address, telephone number, and work schedule on the project to the Service at least 30 days prior to initiating project impacts. The biologist shall perform the following duties: • The project biologist shall determine the presence of gnatcatchers, nest building activities, egg incubation activities, or brood rearing activities within 300 feet of the project impact limits within the gnatcatcher breeding season. The applicant shall notify the Service within 24 hours of locating any gnatcatchers. If a nest is found in or within 300 feet of initial vegetation clearing/grubbing or project construction, work shall be postponed within 500 feet of the nest. The applicant shall contact the Service to discuss: 1) the best approach to avoid/minimize impacts to nesting birds (e.g., sound walls), and 2) a nest monitoring program. The surveys shall begin a maximum of seven days, prior to vegetation clearing/grubbing or project construction and one survey shall be conducted the day immediately prior to the initiation of work; • Work may be initiated subject to implementation of the avoidance and/or minimization measures and nest monitoring program approved by the Service. Nest success or failure shall be established by regular and frequent trips to the site, as determined by the biologist and through a schedule approved by the Service. The biologist shall determine whether bird activity is being disrupted. If the biologist determines that bird activity is being disrupted, the applicant shall stop work and coordinate with the Service to review the avoidance/minimization approach. Coordination between the applicant and Service to review the avoidance/minimization approach shall occur within 48 hours. Upon agreement as to the necessary revisions to the avoidance/minimization approach. work may resume subject to the revisions and continued nest monitoring. Nest monitoring shall continue until fledglings have dispersed or the nest has been determined to be a failure, as approved by the Service; • Inspect the fencing and erosion control measures within or up-slope of all restoration and/or preservation areas a minimum of once per week and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired Responsible Monitoring Party City Planning Department and U.S. Fish and Wildlife Service Required Time of Application At least 30 days prior to commence- ment of construction. Monitoring Frequency Ongoing, throughout construction process. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 45 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRF Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date immediately; • Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) the conservation measures given in the draft subsequent EIR that shall be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) environmentally responsible construction practices as outlined in measure 8; 5) the protocol to resolve conflicts that may arise at any time during the construction process; and, 6) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the Endangered Species Act; • Halt work, if necessary and confer with the Service to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the Service within 24 hours of its occurrence; • Submit weekly letter reports (including photographs of impact areas) to the Service during clearing of habitat and/or project construction within 300 feet of avoided habitat. The weekly reports shall document that authorized impacts were not exceeded, work did not occur within the 300-foot setback except as approved by the Service, and general compliance with all conditions. The reports shall also outline the duration of gnatcatcher monitoring, the location of construction activities, the type of construction which occurred, and equipment used. These reports shall specify numbers, locations, and sex of gnatcatchers (if present), observed gnatcatcher behavior (especially in relation to construction activities), and remedial measures employed to avoid, minimize, and mitigate impacts to gnatcatchers. Raw field notes shall be available upon request by the Service; and, • The biological monitor shall submit a final report to the Service within 60 days of project completion that includes; as-built construction drawings with an overlay of habitat that was impacted and avoided, photographs of habitat areas that were to be avoided, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance with all mitigation measures in the EIR was achieved. Robertson Ranch Master Plan Final EIR 46 April 2006 Mitigation Monitoring and Reporting Program Impact Number (impact provided in MMRP Appendix A) B9 - > Mitigation Measure B-19 The applicant shall ensure that the following conditions are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • To avoid attracting predators of the gnatcatcher, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas outside of waters of the United States within the fenced project impact limits and in such a manner as to prevent any runoff from entering waters of the United States, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans; • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from natural habitats. • The project applicant shall temporarily fence (with silt barriers) the limits of project impacts (including construction staging areas and access routes) to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the Service for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas (including riparian/wetland or CSS) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the Service. Any upland habitat impacts that occur Responsible Monitoring Party City Engineering and Planning Departments Required Time of Application Notification by developers at commence- ment of construction. Monitoring Frequency Ongoing, throughout construction. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 47 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date beyond the approved fenced shall be mitigated at a minimum 5:1 ratio. Temporary construction fencing shall be removed upon project completion. Landscaping shall not use plants, that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas shall be directed away from the biological conservation easement area and contained and/or treated within the development footprint, where feasible. The applicant shall submit a draft list of species to be included in the landscaping to the Service for approval at least 30 days prior to initiating project impacts. The applicant shall submit to the Service the final list of species to be included in the landscaping within 30 days of receiving approval of the draft species list. The San Diego County Invasive Ornamental Plant Guide shall be used in developing the landscape plan for the proposed project. Restrictions on the use of invasive plant species shall be included in the project CC&R's. Coyote Roller devices shall be installed on fences that interface with the perimeter of proposed open space preserve areas, to the extent feasible. Robertson Ranch Master Plan Final EIR 48 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) BIO Mitigation Measure B-20 The following vernal pool management actions shall be incorporated into the preserve management of PA 23E: • Fencing around the vernal pool areas shall be installed to prevent potential impacts from foot traffic and to prevent collection of any flowering plants or tadpoles, particularly in light of the pools' location immediately down slope from an offsite residential, landscaped area. • Pool hydrology is likely to be effected by summer runoff from the off-site, upslope development. Changes in drainage patterns and the possible addition of fertilizer or herbicide runoff from the upslope landscaping may transform pools into more permanent wetlands or transform the vegetative components of the pools by favoring invasive species. The preserve manager shall work closely with the adjacent Calavera Hills homeowners association and their landscape maintenance contractor to avoid application of excess drainage, herbicides and pesticides upslope from the existing vernal pools. • Exotic plant invasion shall be prevented through the use of selective weeding, appropriate herbicide application, or designed grazing. Responsible Monitoring Party City Planning Department Required Time of Application Include in Open Space Management Plan. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 49 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Bll B4, B5, B6, B7, B9 Mitigation Measure B-21 East Village. Additional focused surveys for the Brod/aea fififolia shall be conducted within the clay soil regions of the East Village (clay soils are located only in locations south of Cannon Road) prior to grading only if winter into spring 2005-2006 rainfall exceeds 10 inches. If rainfall exceeds 10 inches in the season prior to grading, and if a new Brod/aea filifolia survey is necessary, and if Brod/aea filifolia is found, per HMP narrow endemic conservation standards (HMP, pages D-89 and D-90) it would be subject to required preservation of 80% of any newly discovered population. If precipitation is less than 10 inches, the results of the 2003 surveys shall be considered the best available assessment of this species presence/absence status on-site and no further action related to this species is necessary. West Village. If sufficient precipitation (greater than 10 inches) occurs prior to grading of the West Village, surveys should be conducted to provide an opportunity to identify Brod/aea filifolia under peak emergence conditions. Surveys for the West Village should not necessarily be conducted immediately prior to ground disturbance. The survey timing should be dictated by optimal emergence conditions. If precipitation of greater than 10 inches does not occur prior to grading for the West Village, then the results of the 2003 surveys shall be utilized to assess impacts to this species. B-22 The project shall comply with all applicable conditions of coverage for Carlsbad HMP covered sensitive animal species observed on the project site, as identified in the MHCP Volume II, including: a) Cooper's hawk b) Least Bell's vireo c) Yellow-breasted chat Responsible Monitoring Party City Planning Department City Planning Department in consultation with Wildlife Agencies. Required Time of Application If precipitation greater than 10" occurs prior to grading. Include in Open Space Management Plan. Monitoring Frequency Once, upon completion. Once, upon approval of plan. Shown on Plans/ Completion Date Verification: East V/7/age Date Init. Name Verification: Wesf Village Date Init. Name Verification: Date Init. Name Robertson Ranch Master Plan Final EIR 50 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) B9 Mitigation Measure B-23 Proposed trails specifically allowed within the proposed Master Plan open space planning areas shall be managed by the City of Carlsbad or by a conservation management entity with familiarity with the specific Recreation and Public Access measures identified in MHCP Volume 1. The Robertson Ranch Open Space management program shall be consistent with these measures, including provision of litter control, limiting use during the breeding season, discouraging trespass off of the trail, prohibiting equestrian uses on the trail, erosion control, provision of signage, lighting restrictions, limitations on biking, and establishment of patrols to monitor. Responsible Monitoring Party City Planning Department in consultation with Wildlife Agencies. Required Time of Application Include in Open Space Management Plan. Monitoring Frequency Once, upon approval of plan. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 51 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) Mitigation Measure CR1 CR-1 A phased data recovery system shall be completed for the significant archaeological sites impacted by the proposed project in compliance with the City of Carlsbad's Cultural Resource Guidelines Criteria and Methodology for completing a Data Recovery Program Phase III (City of Carlsbad, 1990). (Note: Appendix G (City confidential map) of this MMRP provides cultural resource site locations). This phased data recovery approach shall be employed to ensure that the scope of proposed sampling is valid with respect to research questions that address data gaps of impact and interest. Data recovery provides for a sample of the site to be excavated, artifacts and ecofacts to be analyzed, special studies (i.e. radiocarbon dating, residue analysis, obsidian hydration and sourcing) and a report of findings which addresses the important research questions. A research design shall be prepared prior to data recovery, subject to peer review, prior to initiation of data recovery. In addition, monitoring of brushing, grading, and trenching shall be required during the construction of the project in order to identify any significant components of each archaeological site that were not observed during data recovery excavations. Monitoring will also focus on any potential to discover sites that were not identified in the previous surveys due to the resources being buried or masked from view. In the event that any previously unrecorded sites are discovered during brushing, grading, or trenching, a significance evaluation shall be performed, and, if found to be important, mitigation Responsible Monitoring Party tmmmKMmliimmmim City Planning Department Required Time of Application 3?g?iiliolliiiillii?§iiiiPI Hiring qualified archaeologist prior to issuance of a grading permit. Grading release letter prior to issuance of a grading permit. Monitoring throughout grading operations. Monitoring Frequency Once, prior to issuance of grading permit. East Village DSDI-10,610 (PAH) DSDI-10,611 DSDI-10,135 QSDI-10,138 West Village DSDI-10,610 (PA 13) D SDI-10,609 Once, prior to issuance of grading permit. Ongoing throughout grading operations. Shown on Plans/ Completion Date Bj^J^^^^^^^^^^^^^^^^ Verification: East Village Date Init, Name Verification: West W/age Date Init. Name Robertson Ranch Master Plan Final EIR 52 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) Mitigation Measure applied before grading can resume at the location of the discovery. All archaeological resources, unless otherwise required by law and other than burial-related artifacts, that are excavated or removed from prehistoric or historic sites during testing, data recovery projects and all associated project data, including but not limited to field notes, photos, catalogues and final reports will be permanently curated at a qualified repository as defined by the "State of California Guidelines for the Curation of Archaeological Collections." Owner (project developer) agrees additionally to execute a release of title form and to pay such fees as required for curation that are in effect at such qualified repository at the time of curation. All curation shall be accomplished within six (6) months from completion of project. The applicant shall provide verification that a qualified archaeologist and/or archaeological monitor has been retained to implement the archaeological construction monitoring and data recovery programs. Verification shall be documented by a letter from the applicant and the archaeologist/archaeological monitor to the City. Responsible Monitoring Party Required Time of Application Technical report upon completion of grading activities. Monitoring Frequency Once, upon completion of grading activities. Shown on Plans/ Completion Date Robertson Ranch Master Plan Final EIR 53 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) CR1 Mitigation Measure CR-2 As a means of mitigating cultural concerns of the Luiseno people, monitoring of grading in the archaeological site locations shall be performed by either knowledgeable Luisenos or archaeologists. The field monitors shall have the authority to temporarily halt grading and to examine prehistoric resources if they are encountered. Prior to the commencement of grading for the East and West Villages, respectively, the Construction Contractor shall meet with Archaeological Monitor to determine when grading and archaeological monitoring will take place in proximity to archaeological sites. Responsible Monitoring Party City Planning Department Required Time of Application Initial coordination prior to issuance of a grading permit. Monitoring throughout grading activities. Monitoring Frequency Concurrent with initial grubbing and/or grading in the East Village. Concurrent with initial grubbing and/or grading in the West Village. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 54 April 2006 Mitigorfon Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) CR1 Mitigation Measure CR-3 Prior to commencement of grading of the East and West Villages, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. In the event archaeological features are discovered, the archaeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. Work outside the area of the find shall proceed along with the continuation of archaeological monitoring. > Responsible Monitoring Party City Planning Department Required Time of Application Pre-excavation agreement prior to commence- ment of grading of the East and West Villages. Monitoring throughout grading activities. Monitoring Frequency Once, upon completion. Concurrent with initial grading and grubbing. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 55 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRF Appendix A) GS1 Mitigation Measure f ^**(PwwM**°'^^B^8'3S55*:$&3*™^*""^ ^^^IPSgf^^^^^^'^^^^y^^^^iteg^^^^^^^^^^^^jgiS^^j^TOlllaM^^^^^iiSli^^ftHBi^^^^^^^^^^^ GS-1 All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. This report identifies specific measures for mitigating geotechnical conditions on the project site, and addresses soils earthwork, corrosion and expansion potential, subsurface waters, slope stability, liquefaction stability, and regional seismicity and faulting. Responsible Monitoring Party City Building and Engineering Departments Required Time of Application Concurrent with grading and prior to issuance of building permit. At time of foundation inspection. Monitoring Frequency Once, upon completion. Prior to issuance of a building permit, and ongoing throughout construction. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 56 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) GS2 Mitigation Measure GS-2 A minimum 10 to 15 toot layer of non-liquefiable soil material (i.e., compacted fill plus alluvium above the groundwater table) shall be provided beneath any structure. If the groundwater table rises above its current level, then new design and construction measures will need to be included into the proposed project to reduce any potential liquefaction impacts. Responsible Monitoring Party City Engineering Department Required Time of Application During grading, plan check, and inspection. Prior to issuance of a grading permit. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: fast Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 57 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) fallon PRl Mitigation Measure taDvnu**it ftA*i*iin*A«v- ' ~*%t$T -™- > <sr *-"•*--lvl|wyl\»M« IVCfaUUI VS8 < *?' -~.t'-Mr~ - -* j- ^ ,- - . ™<^jHSs»-'«5IP«**V^vl|Si^|gE PR-1 Prior to site grading, a qualified paleontologist shall be retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontology procedures and techniques.) • The qualified paleontologist shall be present at the pre-construction meeting to consult with grading and excavation contractors. • A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed Santiago Formation to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring shall be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) • When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery "of fossit remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. • Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. • Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as City Hall. • A final summary report shall be completed and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. Responsible Monitoring Party City Planning Department Required Time of Application Monitoring Frequency Hiring qualified paleontologist prior to issuance of a grading permit. Monitoring throughout grading activities Ongoing, throughout grading. Shown on Plans/ Completion Date Retain Paleontologist: Verification: Easf Village Date Init. Name Verification: West Village Date Init. Name Summary Report: Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 58 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKP Appendix A) Mitigation Measure HM1 HM-1 Prior to site grading, in any areas containing stained soil, the stained soil shall be removed and properly disposed of in accordance with federal, state and local requirements in order to eliminate this potential health hazard from the project site. A hazardous materials specialist shall verify that materials have been properly disposed of prior to site grading. Implementation of this measure shall be verified by the City of Carlsbad Planning and Engineering Departments. N Responsible Monitoring Party City Planning and Engineering Departments Required Time of Application ||i|i||iil|K||tPM|gg||W Verification of removal of hazardous materials prior to issuance of first site grading permit. Monitoring Frequency gtSJMfeyiaiBafesi Once, upon completion. Shown on Plans/ Completion Date Verification: East Village Date Init. Name Verification: West Village Date Init. Name Robertson Ranch Master Plan Final EIR 59 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) HM1 Mitigation Measure HM-2 Prior to demolition of the Connor Ranch House, located on the West Village, an asbestos investigation shall be conducted and mitigation report prepared. The mitigation report shall identify appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. Implementation of this measure shall be verified by the City of Carlsbad Planning and Building Departments. > Responsible Monitoring Party City Planning and Building Departments City Planning and Engineering Departments Required Time of Application Asbestos investigation report shall be submitted prior to issuance of demolition permit. Verification of removal of hazardous materials. Monitoring Frequency Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: Wesf V/7/age only Date Init. Name Verification: West Village only Date Init. Name Robertson Ranch Master Plan Final EIR 60 April 2006 Mitigotion Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) HM2 Mitigation Measure HM-3 All trash and debris within the project site shall be disposed of off-site, in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. Implementation of this measure shall be verified by the City of Carlsbad Planning and Engineering Departments. Responsible Monitoring Party City Planning and Engineering Departments Required Time of Application Prior to issuance of first grading permit. Monitoring Frequency Ongoing during initial grubbing and grading. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 61 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMRP Appendix A) HM3 Mitigation Measure HM-4 Prior to approval of the tentative map for the West Village, a detailed agricultural chemical residue survey will be required to fulfill the requirement of the City of Carlsbad's Standard Agricultural Area Mitigation Condition (for agricultural sites). As part of the mitigation condition, a report shall be presented to the San Diego County Department of Environmental Health Site Assessment (DEH) Voluntary Assistance Program and Regional Water Quality Control Board for review and comment prior to receipt of a grading permit. •> The residue survey shall include surficial soil sampling from depths of 1/2 foot and 1 1/2 feet within areas planned for grading, as well as within current storage and mixing areas. The County DEH will recommend a representative sampling of earth materials within the subject parcel, to consist of collection from two locations within each one-acre grid. Soil samples collected shall be tested for Chlorinated Pesticides and PCB's (EPA test method 8081), Organophosphorous Pesticides (EPA test method 8141), and Chlorinated Herbicides (EPA test method 8151). Soils shall be remediated to a level deemed acceptable for residential uses according to federal, state, and local guidelines and standards. Implementation of this measure shall be verified by the City of Carlsbad Planning and Engineering Departments and in consultation with the County Department of Environmental Health. Responsible Monitoring Party City Planning and Engineering Departments; County Department of Environmental Health Required Time of Application Concurrent with development applications for the West Village. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: Wesf Village only Date Init. Name Robertson Ranch Master Plan Final EIR 62 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRF Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date GA1 GA-1 The proposed retaining wall adjacent to the north side of El Camino Real (within PA 23A) shall be constructed of a natural bluff face appearance so as to blend into the existing topography and minimize the visual impact along this corridor. Plans for the construction of the retaining wall shall be provided to the City concurrent with development applications for the West Village. Compliance with this measure shall be verified by the City of Carlsbad Planning and Engineering Departments. City Planning and Engineering Departments Concurrent with development applications for the West Village. Once, upon completion. Verification: Wesf Village only Date Init. Name GA2 GA-2 This mitigation measure is identical to Mitigation Measure B-13 on page 40 of this MMRP. Robertson Ranch Master Plan Final EIR 63 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided In MMKP Appendix A) Mitigation Measure HI H2 H-1 This measure requires that consistent with the Local Facilities Management Plan (LFMP), drainage facilities shall be provided concurrent with future development of the East Village. Prior to approval of grading permits for development within the East Village, the City Engineer must approve the necessary onsite and offsite storm drain facilities as required by the Master Drainage and Storm Water Quality Management Plan, LFMP and Drainage Study. The required storm drain facilities include but are not limited to: • 84-inch RCP from BJB detention basin • Proposed onsite drainage plan (Figure 5.14-4) H-2 This measure requires that consistent with the Local Facilities Management Plan (LFMP) and Drainage Study, drainage facilities shall be provided concurrent with future development of the West Village. Prior to approval of grading permits for development within the West Village, the City Engineer must approve the necessary onsite and offsite storm drain facilities as required by the Master Drainage and Storm Water Quality Management Plan, LFMP and Drainage Study. The required storm drain facilities include but are not limited to: • Facility BFB • Facility BF1 • Detention basins in Planning Areas 1, 2, 7, and 1 1 • Facility BFA • Proposed onsite drainage plan (Figure 5.12-6) Responsible Monitoring Party SgPgsiJJSPiTOPaiMTOi&gw^ City of Carlsbad Engineering Department - City Engineer City of Carlsbad Engineering Department - City Engineer Required Time of Application Prior to approval of grading permits for development within the East Village. Prior to approval of grading permits for development within the West Village. Monitoring Frequency Once, upon completion. Once, upon completion. Shown on Plans/ Completion Date Verification: East Village only Date Init. Name Verification: West Village only Date Init. Name Robertson Ranch Master Plan Final EIR 64 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMKP Appendix A) Mitigation Measure Responsible Monitoring Party Required Time of Application Monitoring Frequency Shown on Plans/ Completion Date WQl WQ-1 This measure requires that erosion, siltation, and emission of construction related pollutants shall be controlled through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (section 67.871), General Construction Stormwater Permit (Order No. 99- 08, NPDES CAS000002) and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). In compliance with the General Construction Stormwater Permit, a SWPPP shall be prepared and approved prior to issuance of any grading permits. The owner/developer shall be responsible for monitoring and maintaining the BMPs identified below on a weekly basis. In addition, prior to approval of the grading permit for the respective village, the City Engineer must determine that project plans have incorporated temporary desilting basins of adequate number and size in the East Village and permanent detention basins of adequate number and size in the West Village. Some of the BMPs that shall be used during construction include, but are not limited to: • Silt fence, fiber rolls, or gravel bag berms • Check dams • Street Sweeping and vacuuming • Strom drain inlet protection • Stabilized construction entrance/exit • Vehicle and equipment maintenance, cleaning, and fueling • Hydroseed, soil binders, or straw mulch • Material delivery and storage • Stockpile management • Spill prevention and control • Waste management for solid, liquid, hazardous and sanitary waste, contaminated soil • Concrete waste management City of Carlsbad Engineering Department - City Engineer Prior to issuance of any grading permits. Once, upon completion. Verification: East Village Date Init. Name Verification: Wesf Village Date Init. Name Robertson Ranch Master Plan Final EIR 65 April 2006 Mitigation Monitoring and Reporting Program Impact Number (Impact provided in MMRP Appendix A) WQ2 Mitigation Measure WQ-2 This measure requires that pollutants be controlled through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (section 67.871), and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). Prior to approval of grading permits for development within the East Village, the City Engineer must determine that the proposed project has incorporated the post-development water quality pollution control measures identified below into project design to the maximum extent practicable. • Installation of the vegetated swale located south of Cannon Road • Site Design BMPs • Source Control BMPs • Structural Treatment Control BMPs Proposed BMPs include: - Street Sweeping - Inlet Basin Labeling - Storm Drain Inlet Baskets with Hydrocarbon Absorption - Vortex Separator(s) - Vegetative Drainage Course - Existing Detention Basin BJB - Dog Waste Bag Dispensers - HOA shall provide information to homeowners and residents regarding the requirements of pet waste disposal. Responsible Monitoring Party City of Carlsbad Engineering Department - City Engineer Required Time of Application Prior to approval of grading permits for development within the East Village. Monitoring Frequency Once, upon completion. Shown on Plans/ Completion Date Verification: Easf Village Date Init. Name Verification: Wesf Village Date Init. Name Source: BRG Consulting, Inc., 2006 Robertson Ranch Master Plan Final EIR 66 April 2006 Appendix A Impacts Mitigation Monitoring and Reporting Program Appendix A - Impacts Appendix A - Impacts Impact Number Tl Impact Year 2010 1. Intersection #3: College Boulevard/Plaza Drive The PM peak hour is at LOS "F" in the Year 2010 projections with or without the addition of project traffic. Since the increase in intersection delay resulting from project traffic is less than two seconds the direct impacts resulting from the project are less than significant. The cumulative impacts, however, are significant. T2 Year 2010 2. Intersection #23: Cannon Road/El Camlno Real The PM peak hour is at LOS "E" in the Year 2010 projections with or without the addition of project traffic. Since the intersection delay resulting from project traffic is more than two seconds, both direct and cumulative impacts resulting from the project are considered significant. T3 Year 2010 3. Intersection #28: West Village Driveway/El Camino Real/Lisa Street The Year 2010 AM peak hour level of service would be at LOS "F" with project traffic added. Both direct and cumulative impacts as a result of project traffic would be significant. T4 ~T5~ Proposed Project Improvement: 1. Intersection #14: El Camino Real/Tamarack Avenue Proposed Project Improvement: 2. El Camino Real - Tamarack Avenue to Cannon Road Proposed Project Improvement: 3. Intersection #28: El Camino Real/West Village Driveway /Lisa Street T7 T8 T9 Proposed Project Improvement: 4. Intersection #25: El Comlno Real/Kelly Drive Proposed Project Improvement: S. Cannon Road - El Camino Real to College Boulevard Proposed Project Improvement: 6. College Boulevard Robertson Ranch Master Plan Final EIR A-l April 2006 Mitigation Monitoring and Reporting Program Appendix A - Impacts Impact Number T10 Impact Year 2030 1. Intersection #1 Vista Way/College Boulevard The PM peak hour is projected to be LOS "F" in the Year 2030 with or without the addition of project traffic. Since the increase in intersection delay resulting from the project traffic is less than two seconds, the direct impacts resulting from the project are less than significant. The cumulative impacts; however, are considered significant. Til Year 2030 2. Intersection #4 College Boulevard/Lake Avenue The PM peak hour is projected to be LOS "F" in the Year 2030 with or without the project traffic added only if Marron Road is extended westerly to connect with El Camino Real. If Marron Road is not extended, 2030 projections conclude an acceptable LOS at this intersection. Direct impacts of the project on this infersection are considered significant. The cumulative impacts also are significant. T12 Year 2030 3. Intersection #14 El Camino Real/Tamarack Avenue The AM and PM peak hour level of service is projected to be at LOS "F" or "E" during the Year 2030, without intersection improvements with or without the project. Direct impacts of the project on this intersection are considered significant. T13 Year 2030 4. Intersection #25 El Camino Real/Kelly Drive The AM peak hour level of service is projected to be at LOS "F" and the PM at LOS "E" during the Year 2030 without intersection improvements beyond those described for Year 2010. Direct and cumulative impacts of the project on this intersection are considered significant. T14 Year 2030 5. Intersection #23: El Camino Real/Cannon Road The PM peak holir is at COS "F" in the 2030 projection with or without the project traffic added only if Cannon Road Reach 4 is extended easterly to connect with Cannon Road in Oceanside. If Reach 4 is not extended, 2030 projections conclude an acceptable LOS at this intersection. Direct impacts of the project on this intersection are considered significant. The cumulative impacts are also significant. T15 Year 2030 6. Intersection #15: El Camino Real/Faraday Avenue The AM peak hour would be at LOS "E" and the PM peak hour level of service in Year 2030 would be at LOS "F." Direct and cumulative impacts would be considered significant. T16 Year 2030 7. Intersection #33: Palomar Airport Road/Melrose Drive The AM and PM peak hour levels of service would be at LOS "E" in the 2030 projection with or without the addition of project traffic. Since the increase in intersection delay resulting from the project traffic is less than two seconds, the direct impacts resulting from the project are less than significant. The cumulative impacts; however, are significant. Robertson Ranch Master Plan Final EIR A-2 April 2006 Mitigation Monitoring and Reporting Program Appendix A - Impacts Impact Number Impact AQ1 Air emissions are generated during construction activities associated with the development of a project including rough grading, underground utility construction, and paving activities. During site grading, tailpipe emissions are generated by construction related vehicles such as graders, bulldozers, water trucks, backhoes, rollers, loaders, rock crushing equipment, and construction worker's vehicles. Emissions are also generated in the form of dust and PMio as a result of soil disturbance, blasting to excavate granitic material within the East Village portion of the project site, and subsequent rock crushing activity on-site. AQ2 The combined pollutant emission levels from the East and West Villages are projected to exceed the thresholds established by the SDAPCD by 1,141.2 pounds/day for CO, 205.7 pounds/day for NO,, and 11.4 pounds/day for ROGs. Therefore, daily mobile source emissions associated from the proposed project at buildout would be considered significant. AQ3 Paints used for architectural coatings within the proposed Master Plan development have the potential to emit VOCs. \<ir 4 - ;»•*'%»%> Nl Future development within the proposed Master Plan could be exposed to noise levels in excess of the established 60 dBA CNEL exterior standard. N2 Bl The project site is located within the McClellan-Palomar Airport Noise Impact Notification Area (NINA). The NINA includes a three-mile radius, where 90 percent of all overflight noise related complaints are received. The noise in this area typically occurs on an irregular basis, and although not generally considered a health or safety issue, it may be a nuisance.™ -•-—~- -- - •'•• — •'••— -~~-•-————„«,-.,; 5JJJ5 *Fm.vsam%mr'rT?itixmisREZiii ;JV| Upland habitats impacted by the proposed project include Diegan coastal sage scrub (21.22 acres) and chamise chaparral (0.14 acre). The HMP provides conservation goals for L-fMP Zone 14 that include, "no net loss of wetlands and conserve through preservation, restoration, or enhancement, of 67% of Coastal Sage Scrub." As proposed the Master Plan will preserve more than 70% of the existing coastal sage scrub habitat on-site. However, the impact to Diegan coastal sage scrub and chamise chaparral is considered significant. Table 5.5-7 identifies the HMP mitigation ratio/requirement and required mitigation for each vegetation community. If the City is unablo to roceivo concurronco from CUSD to install a regional trailhead on tho CUSD property adjacent to the project sito, a trailhoad and podoctrian trail link to tho Calavora Hills sowor oasomont trail is idontifiod within tho southern portion of tho panhandle, adjacont to tho BJB detention basin. This 9 space feet i tho existing sowor easomont trail. This trailhead location has boon idontifiod because it utilizes tho existing BJB dotontion basin maintenanco accoos road and it is located within the existing agricultural and dotontion basin aroas and thus doos not impact sensitive resources. No habitat removal would bo roquirod for implomontation of tho trailhoad. 83 Project impacts will also occur to wetland/riparian habitats. The wetland/riparian habitats that will be impacted by the proposed project are coastal valley freshwater marsh (0.22 acre) and southern willow scrub (0.61 acre). Based on the Master Plan design, approximately 0.57 acres of wetlands and 0.29 acre of non-wetlands will be impacted. These impacts to ACOE jurisdictional areas are considered significant. Based on the Master Plan design, approximately 1.05 acres of riparian vegetation and 0.27 acre of unvegetated streambed will be impacted. These impacts to CDFG jurisdictional areas are considered significant. Robertson Ranch Master Plan Final EIR ,A-3 April 2006 Mitigation Monitoring and Reporting Program Appendix A - Impacts Impact Number B4 Impact There is a potential for an indirect impact to the gnatcatcher as a result of noise generated during construction on the project site. This potential indirect impact is considered potentially significant. Compliance with the gnatcatcher habitat seasonal clearing restrictions would also reduce impacts to any nesting Loggerhead Shrikes to a level less than significant. B5 If sensitive nesting birds (e.g., least Bell's vireo or southwestern willow flycatcher) are located outside of the project footprint, but within 300 feet of the proposed work area, noise reduction measures (e.g., noise barrier/wall) shall be implemented to prevent noise impacts within occupied habitat during the breeding season (April 15 through July 31). B6 Burrowing owl was not detected on-site during Winter 2005 surveys, but this site may in the future be utilized by wintering, or less likely, a resident breeding pair(s) as it is known from the region and suitable habitat exists on-site. These owls burrow and nest in abandoned rodent holes. This species would be impacted in the event occupied borrows were covered during grading activity. The potential for grading activity to impact the burrowing owl is considered significant. B7 Raptors may nest on-site in large eucalyptus trees or other suitable nesting areas. The impact to raptors would be considered significant if active nests are observed during construction. B8 Project design features identified above will ensure that the project maintains a corridor connection for Linkage B as envisioned in the HMP. B9 The potential indirect effects (artificial night lighting within wildlife habitat, harassment, and invasive plants) are considered significant impacts to the open space areas within ancTadiaceYit to the project site. BIO Due to the location of the vernal pools and their topographical and geographical relationship to the proposed Robertson Ranch development, no runoff from proposed Robertson Ranch development is anticipated to impact the vernal pools located within PA 23E. PA 23E is proposed for open space. Additionally, from a hydrological standpoint, PA 23E is separated from the remainder of the project site as the area is located north of Robertson Ranch development areas, and is also separated by College Boulevard. Jill [If seasonal precipitation exceeds 10 inches, there is the potential for thread-leaved brodiaea (Brodioeo filifolia) to be present on the j Guttural Resources set site. CR1 There are five significant prehistoric sites within the project site. These sites have been evaluated as significant resources based on the research potential represented in the cultural deposits at the sites. Archaeological sites identified as significant that would be impacted by the proposed project are: West Village: SDI-10,609, SDI-10,610 (PA13) East Village: SDI-10,610 (PAH), SDI-10,611. SDI-16,135, and SDI-16,138. The project's impact to these archaeological resources is considered significant due to the potential of these sites to expand the understanding of the subsistence patterns of the late prehistoric Luisefio people in the Carlsbad area. Robertson Ranch Master Plan Final EIR A-4 April 2006 Mitigation Monitoring and Reporting Program Appendix A - Impacts Impact Number Impact Geotogy/Solls GSl According to the geotechnical evaluation, the site is generally suitable for grading and development in accordance with the land uses proposed in the Master Plan. Earth materials on the project site that are identified as unsuitable for the support of settlement sensitive improvements, and/or compacted fill consist of undocumented stockpile, existing undocumented fill, surficial slump deposits, colluvial soil, alluvium, and near-surface highly weathered formational earth materials (i.e., sedimentary and/or igneous bedrock). Removal and partial removal of these materials will be required to properly prepare the site for the proposed development. These soils are not considered suitable for foundation and/or fill support unless the materials are removed, moisture conditioned, and placed as properly compacted fill. This is considered a significant impact. GS2 Liquefaction potential has been identified in the alluvial areas of the project site. The geotechnical analysis indicates that damaging deformations that result from liquefaction should not adversely affect proposed development provided that a minimum 10 to 15 foot layers of non-liquefiable material (i.e., compacted fill plus alluvium above the water table) is provided beneath any proposed structure. According to the proposed grading concept, a minimum of 10 to 15 feet of compacted alluvial materials, in addition to fill, with be provided in all alluvial areas within the project site. Paleontologleal Resources PR1 HM1 Implementation of the proposed project will require earthwork that will occur within quaternary (Pleistocene age) and the Santiago Formation, These formations have a high paleontological resource sensitivity. Because the proposed project will disturb these geological formations, the potential impact to paleontological resources is considered significant. Potential hazardous materials currently on the project site include above ground storage tanks, discarded and current storage drums and buckets, building materials containing asbestos and lead-based paint, and miscellaneous trash and debris. Bast Village The Master Plan proposes residential and open space land uses within the East Village. The presence, and in some cases the potential presence of hazardous materials within the East Village, as described above, will require that specific mitigation measures be implemented prior to and during construction to ensure proper disposal and remediation (if necessary). The impact associated with existing potentially hazardous materials on-site is considered significant. West Village Buildings and structures within the West Village have the potential to contain asbestos or lead based paint. HM2 Localized areas of trash/debris have been observed within the East Village and West Village. Improper cleanup and disposal of this debris, has the potential to harm the public and the environment, which would be considered a significant environmental impact. HM3 No soils testing has been conducted for the West Village. Due to this portion of the project site's history of agricultural usage, it is possible that soils contaminated with unacceptable levels of toxics as a result of the application of pesticides and herbicides exist. Soil testing would be required to determine levels of toxics within soils on the West Village, and to identify the appropriate remediation measures, if necessary. Robertson Ranch Master Plan Final EIR A-5 April 2006 Mitigation Monitoring and Reporting Program Appendix A - Impacts Impact Number GA1 Impact A retaining wall is proposed along the north side of El Camino Real within a portion of PA 23A, and south of PA 3. The proposed retaining wall requiresa deviation from the hillside development standards. The proposed retaining wall would be required to incorporate features so as to soften the visual appearance of the wall and ensure that the appearance of the wall is compatible with the scenic quality of the corridor. The potential aesthetic impact of the retaining wall is considered significant. GA2 HI With respect to the proposed project, PA12 is located adjacent to PA 23C, a portion of the proposed HMP open space corridor. The Master Plan proposed special design criteria to" address the potential for spillover light from the park onto this proposed HMP open space area. Specifically, the Master Plan states that, "Lighting for the fields and facilities adjacent to the Open Space areas (PA 23C) and/or adjacent to Cannon Road shall be selectively placed, shielded, and directed away from conserved habitat." I Development of the East Village would alter the existing drainage patterns. With implementation of proposed flood control and drainage improvements, development of the East Village would not contribute stormwater runoff that would exceed the capacity of the existing or planned stormwater drainage system. Potential drainage and flood control issues are considered significant. However, mitigation is proposed to ensure that drainage and flood control improvements are constructed concurrent with proposed development, and in accordance with City standards. H2 Development of the West Village would alter the existing drainage pattern of the site but would not alter offsite drainage patterns. With implementation of proposed flood control and drainage improvements, development of the West Village would not contribute stormwater runoff that would exceed the capacity of the existing or planned stormwater drainage system. Potential drainage and flood control issues are considered significant. WQ1 Agua Hedionda Creek and Agua Hedionda Lagoon will receive stormwater runoff from the project site. Because grading activities have the potential to increase the level of sedimentation/siltation that enters Agua Hedionda Lagoon on a short-term basis during construction, the impact is considered significant. WQ2 Agua Hedionda Lagoon, which is located downstream of the project site will receive stormwater runoff from the project site and is identified on the Clean Water Act, Section 303(d) list of impaired water bodies for sedimentation/siltation. In the post-development condition, the project site has the potential to discharge sediment and other pollutants to Calavera Creek and Agua Hedionda Creek, which are tributaries to Agua Hedionda Lagoon; therefore this issue is considered a significant impact. Robertson Ranch Master Plan Final EIR A-6 April 2006 Appendix B Traffic Fair-Share Confribution Methodology Traffic Fair-Share Contribution Methodology The project is required to participate, on a fair share basis, to intersection improvement projects located within the City of Oceanside as identified in Mitigation Measures T-l, T-10, and T-ll and if the City of Oceanside adopts a program to accept payments in lieu of construction. The following fair-share contribution formula would apply, based on City of Carlsbad fair-share methodology: Stepl: XX# Buildout ADT at intersection (total of all directions) (-) Minus YY# Existing ADT at intersection (total of all directions) (=) Equals ZZ# Total Future ADT at intersection Step 2: AA# Robertson Ranch Project Only ADT at intersection (total of all directions) (\) Divided by ZZ# Total Future ADT at intersection (=) Equals BB# Robertson Ranch Project Percentage of Future ADT at intersection (X) Multiplied by CC# Estimated cost of intersection Improvements (=) Equals DD# Robertson Ranch Project total amount "Fair Share" (\) Divided by EE# Robertson Ranch total ADT (=) Equals FF# Fee per ADT Appendix C HMP Hardline Map EL CAWWO fi£*i GRADING (SLOPE RESTORED TODCSSi Si CAMIHQ REAL GRADING (SLOPE RESTORED TO DCSS) City of Carlsbad Habitat Management Plan - Zone 14 HUP Hardline Map - September 15, 2004 ON ItDNCII SOURCE: City of Carlsbad and T 8, 8 Planning Consultants. 2004 t ~T? qI 1 -•>««yillBBSHHB^^ Robertson Ranch Master Plan Program EIR HMP Hardline Map FIGURE 3-6 Appendix D Revegetation Table Table A Revegetation Table Restoration Type/ Area Initial (Extensive) CSS Revegetation (Area A) •InitiaMExtensive) CSS Revegetation (Area A) On West Village property) Extensive CSS Revegetation on Habitat Corridor slopes (Area B) Modest CSS Re-introduction in Habitat Corridor (Area C) Modest CSS Re-introduction with West Village Grading Wetland (Riparian) Revegetation - Calavera Hills Wetland (Riparian) Revegetation Expansion (1 2,000 sf) Future Wetland (Riparian) Revegetation - West Village (May occur in either Village) TOTAL East Village 10.2 3.2 0 0 0 8.3 0.3 2.6 24.6 West Village 0 0 5.6 18.9 4.4 0 0 0 28.9 Robertson Ranch Total 10.2 3.2 5.6 18.9 4.4 8.3 0.3 2.6 53.5 Appendix E EIR Table 5.5-7 HMP Mitigation Requirements TABLE 5.5-7 HMP Mitigation Requirements Habitat Group and Vegetation Community - " '"••*.- s •- Impacted Acreage a'-" -• - -- -V. - l^X'* '- "' ~\ -< X- , •$'<$&' "<• .-' , •<•';-,. " "' ->v- "* tf'fa'i ;^fe^Mjy^gigtto1ft|'-"^i^£; jZjfte i, Impacted Habftafc -. ^ ,-*>• ^v •^f~^f "sf">^-?\* ^* * ft -41* ft% it^^'jj *x ~ "~ *"'«'„,'' ,, -4k'1™ w}^ f*W^^ 5^^ ™ X* ' ^^sS£>*lm ' ""*£:.-;-> r;-/Tfe ",-•/',? -^•^.•f:^W^f~ -:•} Habitat Group A: alkali marsh, freshwater marsh, riparian forest riparian scrub, vernal pools, disturbed wetlands, flood channel (wetlands and riparian habitats not addressed herein) Coastal and Valley Freshwater Marsh Southern Willow Scrub San Diego Mesa Vernal Pool 0.22 0.61 0.00 No Net Loss 2:1 N/A A minimum of 0.22 1.22 N/A Habitat Group C: gnafcafcher-occup/ed coastal sage scrub Diegan Coastal Sage Scrub 21.22 2:1 42.44 Habitat Group D: unoccupied coastal sage scrub, coastal sage /chaparral mix, chaparral Chamise Chaparral 0.14 1:1 0.14 acre of Habitat Group C or D preservation Habitat Group F: disturbed lands, eucalyptus, agricultural lands Non-native Vegetation Eucalyptus Woodland Intensive Agriculture (Nurseries) Extensive Agriculture (Row Crops) Urban/Developed 1.28 1.88 8.47 220.00 25.45 Mitigation Fee ( 1 ) Mitigation Fee (2) Mitigation Fee (3) Mitigation Fee (4) None Mitigation Fee (1) Mitigation Fee (2) Mitigation Fee (3) Mitigation Fee (4) None Source: Merkel & Associates, Inc., October 5, 2004 (1) Non-native Vegetation Mitigation Fee: East Village = 0.76 acre; West Village = 0.52 acre (2) Eucalyptus Woodland Mitigation Fee: East Village = 0.00 acre; West Village = 1.88 acre (3) Agricultural Land Mitigation Fee: East Village = 0.00 acre; West Village = 8.47 acre (4) Agricultural Land Mitigation Fee: East Village = 84.50 acre; West Village = 135.50 acre Appendix F EIR Figure 5.5-7 Proposed Panhandle (PA 23E) Land Uses and Restoration ROBERTSON RANCH PANHANDLE LAND USES 100 TOO LEGEND ROBERTSON RANCH BOUNDARYLINE EXISTING CALA VERA CREEK RIPARIAN CORRIDOR DETENTION BASIN BJB OVERLAPING WETLAND RESTORA TION AND DETENTION BASIN BJB TRAIL ROBERTSON RANCH AND SURPL US WETLAND RESTORATION SOURCE: Planning Systems, 2005 4/4/06 1 9 & 0 - 2005 Robertson Ranch Master Plan Program EIR Proposed Panhandle (PA 23E) Land Uses and Restoration FIGURE 5.5-7 Appendix G Cultural Resources Location Map (City Confidential)