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HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63761 PLANNING COMMISSION RESOLUTION NO. 6376 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE - CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATON OF AN ENVIRONMENTAL IMPACT 4 REPORT AND ADOPTION OF CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND 5 REPORTING PROGRAM FOR THE DRAINAGE MASTER PLAN UPDATE. 6 CASE NAME: CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE/AGUA HEDIONDA AND 7 CALAVERA CREEKS 0 CASE NO: EIR 04-02o 9 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 10 with the City of Carlsbad to adopt a city-wide Drainage Master Plan, an update to the current 11 Master Drainage Plan previously adopted in 1994 and amended in 1996; and 12 WHEREAS, an Environmental Impact Report - EIR 04-02 was prepared in 13 conjunction with the City of Carlsbad Drainage Master Plan Update ("Project") in compliance 14 with the California Environmental Quality Act (CEQA); and 15 WHEREAS components of both the existing Master Drainage Plan and Project 16 include the dredging of portions of Calavera and Agua Hedionda creeks for enhanced flood 17 control; and18 j^ WHEREAS, following public circulation and notice of the Final 20 Environmental Impact Report (Final EIR), staff determined necessary additional minor 21 text changes to the Final EIR as shown in attached exhibit "EIR-C." These changes clarify 22 that the number of lots in the Rancho Carlsbad community that would remain subject to at 21 least partial inundation during a 100-year storm event, is an approximate, rather than a specific or maximum number; and 25 WHEREAS, the minor text changes merely clarify discussion already 26 contained in the Final EIR. As such, recirculation of the Final EIR is not required because 27 28 1 the new information added to the EIR makes insignificant modifications to an adequate 2 EIR (CEQA Guideline, 15088.5(b)); and 3 WHEREAS, the Planning Commission did on January 16,2008 hold a duly 4 noticed public hearing as prescribed by law to consider said request; and 5 WHEREAS, the Final EIR, as modified by attached Exhibit "EIR-C," was 6 presented to the Planning Commission, and the Planning Commission reviewed and considered „ the information contained in the Final EIR prior to approving the Project; ando 9 WHEREAS, at said public hearing, upon hearing and considering all testimony 10 and arguments, examining the Final EIR, Candidate Findings of Fact, and Mitigation 11 Monitoring and Reporting Program, analyzing the information submitted by City staff, and 12 considering any written and oral comments received, the Planning Commission considered all 13 factors relating to the Final EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 15 Commission as follows: 16 A) That the foregoing recitals are true and correct; 17 B) That the Final EIR consists of EIR 04-02, dated December 2007, appendices, written comments and responses to comments, all on file in the Planning j9 Department and incorporated by this reference, and the minor text changes identified in attached Exhibit "EIR-C," and collectively referred to as the 20 "Report." 21 C) That the Final EIR, EIR 04-02, as modified by attached Exhibit "EIR-C, is recommended for acceptance and certification as the FEIR, and that the FEIR as 22 recommended is adequate and provides reasonable information on the Project and all reasonable and feasible alternatives thereto, including the "No Project" alternative. 24 D) That based on the evidence presented at the public hearing, the Planning 25 Commission hereby RECOMMENDS CERTIFICATION of the Final EIR, EIR 04-02, as modified by attached Exhibit "EIR-C," ("Report"), and 26 RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA" Findings); attached hereto marked as Exhibit "EIR-A" and incorporated by 27 this reference; and the Mitigation Monitoring and Reporting Program 28 PC RESO NO. 6376 -2- 1 ("Program"), attached hereto marked as Exhibit "EIR-B" and incorporated by this reference; based on the following findings that are supported by 2 substantial evidence in the Record and subject to the following condition. Findings: 4 1. The Planning Commission does hereby find that the Final EIR 04-02, as modified by 5 attached Exhibit "EIR-C,"_the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR 6 Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission has reviewed, analyzed, and considered Final EIR 04-02, the environmental impacts therein identified for this Project and as modified by attached Exhibit "EIR-C," the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of the Project, and they reflect the independent judgment of the City of Carlsbad Planning Commission. 10 11 3. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of Project alternatives. 4. The Planning Commission hereby finds that the Program is designed to ensure that during Project implementation and operation the Developer and any other responsible 15 parties implement the Project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 16 5. The Record of Proceedings for this Project consists of the Report, CEQA Findings, and the Program; the "Record" upon which the Planning Commission bases these CEQA Findings and its actions and determinations regarding the Project includes, but is not limited to, the Draft EIR, together with all appendices and technical reports referred to , 0 therein, whether separately bound or not; all reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning 20 consultant, environmental consultant, Project applicant, or others presented to or before the decision-makers as determined by the City Clerk; all letters, reports, or other 21 documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; all minutes of any 22 public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; matters of common general knowledge to the City that the City may consider, including applicable State or local laws, ordinances, and policies, the General 25 Plan, Zoning Ordinance, Local Facilities Management Plans, and all applicable planning programs and policies of the City; and, all findings and resolutions adopted by the City in 26 connection with the Project, including all documents cited or referred to therein. 27 28 PC RESO NO. 6376 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, and the Planning Director, 1635 Faraday Avenue, both in Carlsbad, CA 92008. Condition: 1. The Developer shall implement the mitigation measures described in Exhibit EIR-B, the Program, for the mitigation measures and monitoring programs applicable to development and operation of the Drainage Master Plan Update. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on January 16,2008, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: Ou_ JULIE B/JKER, Chairperson CARLSBAfr-W-ANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6376 -4- EXHIBIT "EIR-A" CITY OF CARLSBAD PLANNING COMMISSION RESOLUTION NO. 6376 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE 521081 CEQA GUIDELINES 315091) For the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04-02) For the CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE (SCH No. 2006041066) Findings of Fact 1.1 INTRODUCTION A Final Environmental Impact Report (Final EIR) has been prepared pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and Chapter 19.04 (Environmental Protection Procedures) of the Carlsbad Municipal Code to address the potential environmental effects of the City of Carlsbad (City) Drainage Master Plan Update (DMP Update; the Project) and considered by City Council in connection with its public consideration of requested approvals for the Project. The full scope of the Project and associated approvals are described in more detail in Section 1.2 below. The Project consists of an update to the City's existing Master Drainage and Storm Water Quality Management Plan. The DMP Update is a comprehensive planning document that serves to assess existing storm drain infrastructure and drainage areas; identify anticipated improvements and additional infrastructure required to prevent flooding and accommodate storm flows resulting from future development within the city; and provide guidance on developing a Planned Local Drainage Area (PLDA) fee program to facilitate construction of specific drainage facilities required for new development. A program level environmental analysis has been prepared for most of the project components proposed in the DMP Update, as well as for proposed operation and maintenance activities. In addition to the program level analysis, two project components identified with the DMP Update are at a point in the design process that enables a project level analysis. Specifically, the City has initiated design of the Agua Hedionda and Calavera Creeks Dredging and Improvements Project (identified in the DMP Update as project components B and BN and identified by the city-issued permits for the dredging project as "Agua Hedionda and Calavera Creeks"). Project components B and BN involve drainage infrastructure modifications and improvements along Agua Hedionda and Calavera creeks to provide flood protection for Rancho Carlsbad, an existing residential community. Because project components B and BN are in the design phase, they are evaluated at a project level in the Final EIR and are part of the Project as defined herein). The Final EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. The following statement of facts and findings ("Findings") has been prepared in accordance with CEQA, for use by the City in connection with its actions as Lead Agency for the Project. 1.1.1 Definitions The following table defines acronyms, abbreviations, terms, and phrases are used in this document. Term BMP CDFG CEQA CIP City CWA Definition Best Management Practice California Department of Fish and Game California Environmental Quality Act Capital Improvement Project the City of Carlsbad Clean Water Act CEQA Findings of Fact 2 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Term dBA DMP Update Final EIR Findings GPS HMP Important Farmland in/sec LCP Lead Agency Lea LF LOS LUCP MHCP MMRP NOC NOP PD PI PLDA PPV program level Project project components B and BN project level Resource Agencies RWQCB SCIC STPs SWPPP SWRQB USAGE USFWS Wildlife Agencies WQTR Definition A- weighted decibel the Update to the City's Drainage Master Plan Final Environmental Impact Report the statement of facts and findings that have prepared in accordance with CEQA global positioning system Habitat Management Plan Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, as shown on maps prepared pursuant to Farmland Mapping and Monitoring Program inches per second Local Coastal Program the City of Carlsbad equivalent noise level linear feet level of service Land Use Compatibility Plan Multiple Habitat Conservation Program Mitigation Monitoring Reporting Program Notice of Completion Notice of Preparation Planning Director Principal Investigator Planned Local Drainage Area peak particle velocity the program level environmental review of the project components proposed in the DMP Update the Carlsbad Drainage Master Plan Update the Agua Hedionda and Calavera Creeks Dredging and Improvements Project the project level environmental review prepared for DMP Update project components B and BN applicable state and local agencies with jurisdiction over implementation of proposed DMP Update components, including but not limited to USAGE, RWQCB, USFWS, SWRQB, and/or CDFG Regional Water Quality Control Board South Coastal Information Center shovel test pits Storm Water Pollution Prevention Plan State Water Resources Control Board U.S. Army Corps of Engineers U.S. Fish and Wildlife Service USFWS and CDFG Water Quality Technical Report 1.1.2 Record The "Record" upon which the City Council bases these CEQA Findings and its actions and determinations regarding the Project includes, but is not limited to, the following: CEQA Findings of Fact 3 EIR 04-02 Carlsbad Drainage Master Plan Update January 16, 2008 Findings of Fact (1) The Draft EIR and Final EIR for the Project, together with all appendices and technical reports referred to therein, whether separately bound or not; (2) All reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, project applicant, or others presented to or before the decision-makers as determined by the City Clerk; (3) All letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; (4) All minutes of any public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; (5) Any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; (6) Matters of common general knowledge to the City that the City may consider, including applicable State or local laws, ordinances, and policies; the General Plan; and all applicable planning programs and policies of the City; and (7) All findings and resolutions adopted by the City in connection with the Project, including these Findings, and all documents cited or referred to therein. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, and the Planning Director, 1635 Faraday Avenue, also in Carlsbad. The City Council received, reviewed, and considered all of the information and documents in the record. 1.1.3 Overview of Project Impacts and CEQA Findings The Final EIR assesses the potentially significant impacts of the DMP Update and identifies the following categories of impacts: (1) Potential impacts that would be "less than significant"; and (2) Potential impacts that would be mitigated to a level that is "less than significant with the implementation of mitigation measures identified in the Final EIR." (3) Potential impacts that would be "significant and unmitigable" because they could not be reduced to a less than significant level with the implementation of mitigation measures. The DMP Update would not result in impacts that would be "significant and unmitigable." CEQA Findings of Fact 4 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The City is acting as the Lead Agency for the Project under CEQA. As the Lead Agency, the City is responsible for making certain written Findings related to the Project prior to approval of the DMP Update. Pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091 and 15096(h), for each significant Project impact identified in the Final EIR [i.e., categories (2) and (3) above], the City must make one or more of the following Findings: (1) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency (other than the City), and such changes have been, or can and should be, adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors" [CEQA § 21061.1]. The CEQA Guidelines add "legal" considerations as an additional factor in determining feasibility [CEQA Guidelines § 15364]. In addition, if the Finding in (3) above is made with respect to any significant Project impact, the City must make a Finding, based upon substantial evidence in the record, that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment [CEQA §§ 21081(b), 20181.5; CEQA Guidelines § 15093]. The Findings set forth in this document have been prepared pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091, 15092, 15093, and 15097 to address the environmental effects of the Project set forth in the Final EIR as modified. 1.1.4 Mitigation Monitoring Reporting Program A Mitigation Monitoring Reporting Program (MMRP) has been prepared and will be adopted as part of the conditions of approval of the DMP Update, pursuant to CEQA Section 21081.6 and CEQA Guidelines Section 15097. A copy of the MMRP is included as Exhibit B to this Resolution and incorporated herein by this reference. 1.2 PROJECT DESCRIPTION 1.2.1 Proj ect Location Program Level The DMP Update proposes project components located within Carlsbad, in the northern part of San Diego County. The City encompasses approximately 42 square miles and is divided into CEQA Findings of Fact 5 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact four major drainage basins, which all ultimately drain to the Pacific Ocean. These four basins (Basins A, B, C, and D) roughly correspond to the four local watersheds (Buena Vista Creek, Agua Hedionda Creek, Encinas Creek, and Batiquitos Lagoon). Basins A, B, and D extend outside of city limits, while Basin C is included entirely with the jurisdictional boundaries of the City. All project components would be located within the City's jurisdictional borders. Basin A (Final EIR, Figure 3-1) is located in the northern portion of Carlsbad. It is bordered by State Route 78 and Oceanside to the north, the Pacific Ocean to the west, generally Carlsbad Village Drive to the south, and College Boulevard to the east. Basin A is the smallest basin within the Carlsbad drainage area, occupying approximately 2,270 acres within the Buena Vista Creek Watershed. Basin B (Final EIR, Figure 3-2) is located directly south of Basin A. The northern basin boundary roughly follows Carlsbad Village Drive. The southern boundary incorporates Palomar Airport Road, Cannon Road, and College Boulevard. The basin extends east from the coast to the city boundary, occupying approximately 9,340 acres within the Agua Hedionda Creek Watershed. Basin C (Final EIR, Figure 3-3) is located in the center of the city and encompasses approximately 2,580 acres within the Encinas Creek Watershed. The northern boundary includes a portion of Palomar Airport Road, Cannon Road, and College Boulevard. The western boundary is the Pacific Ocean, while the southern boundary follows Poinsettia Lane and El Camino Real. The eastern boundary of the basin follows El Camino Real, with a small extension out along Palomar Airport Road east of El Camino Real. A large segment of McClellan-Palomar Airport Road runs through the center of this basin. Basin D (Final EIR, Figure 3-4) is located in the southern portion of the city. The southern boundary is the same as Carlsbad's boundary with Encinitas. The western boundary is the Pacific Ocean. The northern boundary includes Poinsettia Lane and El Camino Real. The eastern boundary follows Rancho Santa Fe Road and the city's border with Encinitas and San Diego County. Basin D is the largest basin, encompassing approximately 10,907 acres within the Batiquitos Lagoon Watershed (City of Carlsbad 2006a). Project Level Project components B and BN are located within the Aqua Hedionda Creek Watershed. These DMP Update project components, described in more detail below, would provide flood protection for Rancho Carlsbad. Agua Hedionda and Calavera creeks flow within constructed earthen channels through Rancho Carlsbad, except under bridges where riprap sides exist. Agua Hedionda Creek (Project component B) flows west through the southwestern portion of Rancho Carlsbad, bends southwest at the confluence with Calavera Creek, and exits the Rancho Carlsbad community under El Camino Real. West of El Camino Real, Agua Hedionda Creek bends west, where it passes beneath Cannon Road and flows into a natural stream channel that drains into Agua Hedionda Lagoon. Two road crossings, Cannon Road Bridge and El Camino Real Bridge, are located within the downstream portion of the proposed work area. The length of work in Agua Hedionda Creek within the project boundary is approximately 3,000 linear feet (LF), CEQA Findings of Fact 6 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact extending from approximately 100 feet below the downstream edge of Rancho Carlsbad Drive Bridge to the downstream edge of Cannon Road Bridge. Calavera Creek (Project component BN) originates from Lake Calavera and meanders in a southerly direction through open space, then flows south through an 11-foot by 7-foot reinforced concrete box culvert under the intersection of College Boulevard and Cannon Road, and enters the Rancho Carlsbad community at the point of confluence with a tributary known as Little Encina Creek. Calavera Creek then flows southwest, along the northwest boundary of the Rancho Carlsbad community, to a point of confluence with Agua Hedionda Creek, located approximately 300 feet east of El Camino Real. The approximate length of Calavera Creek within the project boundary is 3,400 LF, extending from the box culvert at the intersection of Cannon Road and College Boulevard to the confluence with Agua Hedionda Creek. 1.2.2 Project Description Program Level As a comprehensive planning document, the DMP Update is comprised of PLDA projects (subject to the PLDA fee program), operation and maintenance activities, and non-PLDA projects. Under the PLDA fee program, fees paid by developers are used by the City to construct and maintain storm water infrastructure required for accommodating the increased storm water flows resulting from new development. Non-PLDA projects involve improvements to drainage facilities that are public facilities but are not required to accommodate additional storm flows generated from new development. Because non-PLDA projects do not address impacts of new development, they are not funded by the PLDA fee. hi addition, the DMP Update identifies Capital Improvement Projects (CIPs), which involve improvements to existing drainage facilities and are considered non-PLDA projects in the DMP Update. Operation and maintenance-related activities for both PLDA and non-PLDA project components are also included in the DMP Update but would not be funded through the PLDA fee program. PLDA projects included in the DMP Update would involve drainage infrastructure components and activities, including (but not limited to) reinforced concrete pipe, concrete trapezoidal channels, soft bottom trapezoidal channels, drainage inlets, manhole cleanouts, junction structures, perforated subdrains, gabion structures, sediment basins, water quality basins, erosion and scour protection, slope stabilization, installation of Vmax, and bridge construction. Non-PLDA projects, including CIP projects, encompass both proposed facilities and existing facilities that are now considered for rehabilitation but would not be funded by the City's PLDA program because they are not intended to accommodate additional storm flows generated from proposed new development. Proposed non-PLDA projects included in the DMP Update would involve drainage infrastructure components and activities, including (but not limited to) those described above for PLDA projects. Details of these general activities proposed as part of the DMP Update are found in Sections 3.3.5 and 3.3.6 of the Final EIR. Tables 3-1 and 3-2 of the Final EIR list the proposed PLDA and non-PLDA projects identified by the DMP Update. CEQA Findings of Fact 7 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Operation and maintenance of existing and proposed drainage facilities are an essential component for the proper and efficient function of city infrastructure. While operation and maintenance activities are anticipated for all city drainage facilities, including both PLDA and non-PLDA DMP Update components, these proposed activities are long-term commitments that would not be paid for by private developers and would therefore not receive funding from the PLDA fee program. Proposed operation and maintenance activities have been grouped into a number of categories, including (but not limited to) Inlet/Outlet and Channel Maintenance, Existing Facilities Repair, Facility Rehabilitation/Upgrades (Non-capacity Related), Culvert Replacement and Roadway Rehabilitation, Bridge Rehabilitation/Replacement, Storm Drain Infrastructure Repair, Sedimentation/Retention/Water Quality Basin Maintenance and Repair, and Jurisdictional Dam operation and maintenance. Each of these categories is discussed in greater detail in Section 3.3.6 of the Final EIR. Project Level Project components B and BN are proposed to provide flood protection for the Rancho Carlsbad residential community by improving the capacity of Aqua Hedionda and Calavera creeks (within Rancho Carlsbad) to contain a 100-year flood event, to the extent feasible. Both project components contain both PLDA and non-PLDA elements. Proposed PLDA project component B involves channel improvements along approximately 3,000 LF of an existing tributary that conveys runoff from Agua Hedionda Creek and adjacent open areas. PLDA project component B would involve dredging portions of Agua Hedionda Creek to widen the creek at its confluence with Calavera Creek, improving conveyance capacity of the channel for containment of a 100-year flood event, collecting on-site and off-site storm water runoff, and minimizing flooding of segments of Agua Hedionda Creek adjacent to the Rancho Carlsbad residential community. Proposed improvements would entail dredging, dewatering, possible beach disposal of sand and sediment from within the channel banks, possible bridge stabilization, and on-site restoration where appropriate. PLDA project component BN would involve excavation and enhancement of Calavera Creek. Modifications include installation of gabion structures, removal of miscellaneous concrete, and bank stabilization. Upon completion of channel dredging improvements, long-term maintenance of both Agua Hedionda and Calavera creeks would be required to maintain flood control capacity (i.e., contain 100-year flood events). Project components B and BN both propose non- PLDA components, including long-term channel maintenance in the form of periodic inspections; sediment, debris, and, vegetation removal; and repair of eroded surfaces associated with drainage and bridge appurtenances. With implementation of PLDA project components B and BN, all but approximately nine of the lots in Rancho Carlsbad would receive protection from a 100-year flood event. CEQA Findings of Fact 8 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 1.2.3 Project Objectives Implementation of the proposed DMP Update (including proposed PLDA, non-PLDA, and operation and maintenance activities) would accomplish the following objectives: • address existing and anticipated future drainage infrastructure deficiencies within the city at a basinwide level; • provide facilities to accommodate storm flows from future development contemplated by the City's General Plan; • provide facilities to accommodate anticipated drainage infrastructure needs in the city, either through rehabilitation and replacement of aging infrastructure or implementation of new facilities necessary to accommodate generalized future development; and • provide for necessary long-term infrastructure operation and maintenance activities to ensure public safety, reduction of flood hazards, and storm water quality control. The DMP Update does not directly address storm water quality because the City now has separate planning documents for storm water quality control. However, a benefit of the DMP Update is that it would indirectly protect and improve water quality by improving storm water conveyance, reducing erosion, and removing sediments and/or contaminants. 1.2.4 Discretionary Actions The following discretionary actions will be required to implement the DMP Update, as applicable to specific project components: City of Carlsbad • Approval of the DMP • Various City Approvals/ Permits City of Carlsbad/ California Coastal Commission • Coastal Development Permit • Local Coastal Program (LCP) Amendment FEMA • Conditional Letter of Map Revision (CLOMR)/Letter of Map Revision U.S. Army Corps of Engineers • Section 404 Permit California Department of Fish and Game • Streambed Alteration Agreement CEQA Findings of Fact 9 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact California Department of Transportation • Encroachment Permits Regional Water Quality Control Board • Dewatering Permit • 401 Certification • Construction Stormwater Permit San Diego Gas & Electric • Encroachment Permits 1.3 FINDINGS REGARDING THE ENVIRONMENTAL REVIEW PROCESS The City, acting as Lead Agency for the environmental review of the DMP Update under CEQA, makes the following Findings with regard to the environmental review process undertaken to analyze potential environmental impacts of the DMP Update. (1) In accordance with CEQA Guidelines Section 15060(d), the City determined the Project would clearly require an EIR and therefore did not prepare an Initial Study. (2) The City issued its Notice of Preparation (NOP) on March 29, 2006. The NOP was distributed to all responsible and trustee agencies, as well as other agencies and members of the public (Appendix A of the Final EIR), and was published in a local newspaper. A number of written responses were received. (3) The City held a public scoping meeting on April 12, 2006, at the City's Faraday Center. Advance notice of the meetings was given in the NOP. At the scoping meeting, the public was invited to comment on the scope and content of the EIR. Oral and written comments were received. A copy of the NOP and the written comments received in response to the NOP and public scoping process are included in Appendix A of the Final EIR. (4) The following substantive potential impact areas were identified for the environmental impact analysis: • Land Use • Transportation/Circulation • Agricultural Resources • Noise • Visual Resources • Air Quality • Recreation • Biological Resources • Geology/Soils • Cultural Resources • Hydrology/Water Quality • Paleontological Resources Additionally, the Final EIR includes other substantive sections required by CEQA, such as executive summary, project description, cumulative effects, effects found not to be significant, and growth inducing effects and alternatives. CEQA Findings of Fact 10 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact (5) The Draft EIR for the DMP Update was circulated for public review for a period of 45 days, which started on July 16, 2007, and ended on August 31, 2007. A 15- day extension of the public review period was granted, enabling additional comments to be received through September 14, 2007. The Draft EIR was distributed to a variety of public agencies and individuals. A Notice of Completion (NOC) of the Draft EIR was published in a local newspaper. The NOC included information on locations, including the City's website, where the EIR as well as the proposed Drainage Master Plan Update document would be available to the public. (6) The City has considered, and responded to, public comments on the Draft EIR. The City determined that recirculation of the Draft EIR was not required. Responses to comments received on the Draft EIR are included in Appendix F of the Final EIR. (7) The City released the Final EIR for public review in December 2007. The Final EIR was distributed to all responsible and trustee agencies as well as all agencies and members of the public that submitted written comments on the Draft EIR. The City made public the release of the EIR through an announcement on its website where the Final EIR would be available to the public. (8) Prior to certification of the Final EIR, the City Council has not made any decisions that constitute an irretrievable commitment of resources or a commitment to a definitive course of action with respect to the DMP Update. 2.0 FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN SIGNIFICANT The City hereby finds that the following potential environmental impacts of the DMP Update are less than significant and therefore do not require mitigation measures. 2.1 LAND USE 2.1.1 Program Level Finding: Implementation of the DMP Update would not result in program level land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR. Specifically, the DMP Update components would not: • result in the physical division of the communities within the city, • conflict with any applicable land use plan, policy, or regulation, or • conflict with the City's Habitat Management Plan (HMP). Facts in Support: Proposed DMP Update components would not physically divide the communities within the city because construction and operation of the proposed DMP Update CEQA Findings of Fact 11 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact components would primarily occur in existing drainages or rights-of-way within developed areas, or natural drainages within open space areas. Therefore, program level impacts would be less than significant. The proposed DMP Update would not conflict with existing land uses and designations because the components would be consistent with City land use plans and policies, including the Carlsbad General Plan, Zoning Ordinance, Floodplain Management Regulations, Growth Management Program, Local Facilities Management Plans, Land Use Compatibility Plan (LUCP) for McClellan-Palomar Airport, Open Space and Conservation Management Plan, and Local Coastal Program. Therefore, program level impacts resulting from conflicts with land use plans, policies, and regulations would be less than significant. The DMP Update's consistency with each of the aforementioned land use plans and policies is detailed in Section 4.1.3.1 of the Final EIR. The proposed DMP Update would not result in any land use conflict with the City's HMP because design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential conflicts with the City's HMP. These measures include installation of temporary fencing along Coastal Zone/HMP boundaries adjacent to constructing/staging areas; limitations and regulation of vehicle access to construction sites; identification of designated staging areas for storage of construction equipment/materials, parking, or other construction-related activities; and designation of staging areas for equipment/vehicle fueling at a minimum distance of 50 feet away from HMP boundaries. Additionally, appropriate catchment basins/devices shall be used to prevent the flow of fuel, and construction equipment shall be checked for leaks prior to operation and repaired as necessary. The City would verify that these measures occurred prior to the first preconstruction meeting for each component. Therefore, the DMP Update would not conflict with the requirements of the HMP. These measures are further detailed in Table 3-6 of the Final EIR. 2.1.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR and restated above in Section 2.1.1. Facts in Support: Proposed operation and maintenance activities would not physically divide a community within the City because proposed activities would occur within existing or proposed drainage facilities. Therefore, impacts associated with operation and maintenance activities would be less than significant. Proposed operation and maintenance activities would not conflict with any existing land uses and designations because the component parts would be consistent with City land use plans and policies, including the Carlsbad General Plan, Zoning Ordinance, Floodplain Management Regulations, Growth Management Program/ Local Facilities Management Plans, LUCP for McClellan-Palomar Airport, Open Space and Conservation Management Plan, and Local Coastal Program. Therefore, impacts resulting from conflicts with land use plans, policies, and CEQA Findings of Fact 12 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact regulations would be less than significant. The DMP Update's consistency with each of the aforementioned land use plans and policies is detailed in Section 4.1.3.1 of the Final EIR. Proposed operation and maintenance activities associated with the DMP Update would not result in any land use conflict with the City's HMP because design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential conflicts with the City's HMP. These measures, discussed in Section 2.1.1 above and detailed in Table 3-6 of the Final EIR, will be verified by the City prior to the first preconstruction meeting for each component of the DMP Update. Therefore, operation and maintenance activities would result in less than significant land use conflicts with the City's HMP. 2.1.3 Project Level Finding: Implementation of the proposed Agua Hedionda and Calavera Creeks Dredging and Improvements (DMP Update project components B and BN) would not result in land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR and restated above in Section 2.1.1. Facts in Support: Proposed project components B and BN would not physically divide a community within the city because the proposed dredging and improvements in Aqua Hedionda and Calavera creeks would occur within the existing drainage facilities and do not involve the construction of any new structures. Therefore, project level impacts associated with components B and BN would be less than significant. Proposed project components B and BN would not conflict with existing land uses and designations because proposed improvements do not involve change in existing land use or zoning designations. Additionally, proposed project components B and BN are not located within the McClellan-Palomar Airport LUCP. There are no conflicts with land use plans, policies, and regulations; therefore, project level impacts associated with components B and BN would be less than significant. Proposed project components B and BN would not result in any land use conflict with the City's HMP because project components B and BN are not located within the designated Existing Hardline Preserve Area of the City's HMP. Therefore, project level impacts associated with components B and BN would be less than significant. 2.2 AGRICULTURAL RESOURCES 2.2.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR. Specifically, the DMP Update components would not: CEQA Findings of Fact 13 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • convert Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (i.e., Important Farmland), to nonagricultural use; • conflict with existing General Plan policies, zoning for agricultural use, or a Williamson Act contract; or • involve other changes in the existing environment, which, due to their location or nature, could result in conversion of agricultural land uses to nonagricultural use. Facts in Support: Proposed DMP Update components would not result in the conversion of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance to nonagricultural use nor conflict with existing General Plan policies related to agricultural land because proposed components would occur within existing drainage channels or involve rehabilitation/replacement of existing drainage facilities and would not affect agricultural land resources or activities. Additionally, the proposed DMP Update components would not conflict with a Williamson Act Contract or zoning for agricultural use because no components of the DMP Update are proposed within Williamson Act contract lands or areas zoned for agricultural use. Therefore, program level impacts associated with agricultural resources would be less than significant. Tables 4.2-2 and 4.2-3 of the Final EIR provide a detailed analysis of impacts to agricultural resources. 2.2.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in program level impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR and restated above in Section 2.2.2. Facts in Support: Proposed operation and maintenance activities would not result in the conversion of designated Important Farmland or the conversion of existing agricultural uses to nonagricultural uses because operation and maintenance activities would be conducted primarily within existing drainage facilities and would not involve the construction of new structures on existing agricultural land or Important Farmlands Likewise, proposed operation and maintenance activities would not adversely affect areas currently zoned for agricultural use or under a Williamson Act contract. Therefore, potential impacts to agricultural resources from operation and maintenance activities would be less than significant. 2.2.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR and restated above in Section 2.2.2. Facts in Support: Proposed project components B and BN would not result in impacts to agricultural resources because none of the land within the project component boundaries is designated as Important Farmland. Likewise, none of the land within the project limits is zoned for agricultural use or included in a Williamson Act contract. Therefore, project level PLDA and CEQA Findings of Fact 14 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact non-PLDA components would not adversely affect agricultural activities or resources, or conflict with General Plan policies related to agricultural land use. Potential impacts would be less than significant. 2.3 VISUAL RESOURCES 2.3.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to visual resources associated with the Significance Criteria discussed in Section 4.3.2 of the Final EIR. Specifically, the DMP Update components would not: • substantially degrade the existing visual character or quality of the site and its surroundings; or • create a new source of substantial light and glare, which would adversely affect daytime or nighttime views in the area. Facts in Support: Proposed DMP Update components would not substantially degrade the visual character of the city because proposed DMP Update components primarily involve construction, replacement, and improvement of existing facilities within drainages located at or below grade within or adjacent to existing road right-of-way or in developed/disturbed areas. The DMP Update would not significantly change the existing quality of the overall visual character of the city. Additionally, design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential visual impacts. These measures are discussed in Section 2.1 above and detailed in Table 3-6 of the Final EIR. For example, proposed bridge structure modification and replacement (e.g., PLDA component Cl) and potential staging areas and access roads during construction activities for some project components (e.g., PLDA components AFA, AFB, BQ, C, and DH) would involve activities within visible areas. These areas are required to be relandscaped to preconstruction conditions (to the extent feasible) after project completion. Therefore, program level impacts relating to the substantial degradation of existing visual character or quality would be less than significant. Proposed DMP Update components would not create a new source of substantial light or glare because design features/methods and construction measures incorporated into the project design require that nighttime construction lighting be shielded or directed away from residential areas. Additionally, there are no permanent lighting features or reflective materials proposed by the DMP Update that would create a new permanent source of light or glare. Therefore, program level impacts resulting from new sources of substantial light and glare would be less than significant. 2.3.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to visual resources associated with the Significance Criteria discussed in Section 4.3.2 of the Final EIR and restated above in Section 2.3.1. CEQA Findings of Fact 15 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Proposed operation and maintenance activities would not substantially degrade the existing visual character of the site or create a new source of substantial light and glare because operation and maintenance activities would be periodic and temporary and would be restricted to existing facilities and maintenance of the drainage purposes of those facilities. If construction were required during maintenance of a specific facility, visual impacts from construction activity would be periodic and temporary, and staging areas and equipment storage would be located in existing right-of-way or other disturbed/developed areas. Therefore, potential impacts to visual resources from operation and maintenance activities would be less than significant. 2.3.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to visual resources associated with the Significance Criteria discussed in section 4.3.2 of the Final EIR and restated above in Section 2.3.1. Facts in Support: Proposed PLDA project components B and BN include dredging and improvements in Agua Hedionda and Calavera creeks. These components would not significantly degrade the existing visual character or quality because the visibility of the proposed staging area would be a temporary impact to the existing visual character. No other activities associated with the PLDA project components are expected to affect the scenic quality of the area. Adopted project design measures as discussed in Section 2.1 above and detailed in Table 3-6 of the Final EIR require relandscaping of areas where vegetation would be removed. Overall, the improvements to Agua Hedionda and Calavera creeks are anticipated to provide an overall visual enhancement. Therefore, project level impacts to visual resources associated with PLDA project components B and BN would be less than significant. Proposed PLDA project components B and BN would not create any new source of substantial light and glare because dredging and construction activities would occur during daylight hours and neither project component would result in the construction of any permanent source of light or glare. Therefore, project level impacts resulting from new sources of substantial light and glare would be less than significant. Proposed non-PLDA project components B and BN include long-term channel maintenance in Aqua Hedionda and Calavera creeks. These components would not significantly degrade the existing visual character or quality because activities associated with channel maintenance would occur periodically within existing drainage channels. If necessary, construction staging and storage areas would be located in existing right-of-way or disturbed areas. Therefore, project level impacts to visual resources associated with non-PLDA project components B and BN would be less than significant. Proposed non-PLDA project components B and BN would not create any new source of substantial light and glare because long-term maintenance activities would occur during daylight hours and would not require the construction of a new permanent lighting source or utilize reflective materials. Therefore, project level impacts resulting from new sources of substantial light and glare would be less than significant. CEQA Findings of Fact 16 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.4 TRANSPORTATION/CIRCULATION 2.4.1 Program Level Finding: Implementation of the DMP Update would not result in program level transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR. Specifically, the DMP Update components would not: • cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections); • exceed, either individually or cumulatively, a level of service (LOS) standard established by the County congestion management agency and the City's Growth Management Program for designated roads or highways; • result in inadequate emergency access; or • result in insufficient parking capacity. Facts in Support: Proposed DMP Update components would not increase traffic in relation to the existing traffic load and street system capacity because the nature of the drainage improvements proposed as part of the PLDA component would not generate traffic. Where construction of the PLDA components could result in short-term traffic impacts due to the installation or replacement of facilities within existing roadways, standard construction practices and implementation of the required traffic control measures in the traffic control plans would avoid traffic-related impacts due to lane closures. Therefore, program level impacts relating to increased traffic would be less than significant. Proposed DMP Update components would not exceed LOS standards. Although PLDA projects could result in the generation of increased truck traffic during construction, the traffic is not expected to exceed 200 peak hour trips per day or increase traffic on roadways to a level that would degrade LOS at intersections or on roadway segments. DMP Update components would not generate traffic in the long term; therefore, LOS for city streets would not be adversely affected. Therefore, program level impacts relating to increased LOS would be less than significant. Proposed DMP Update components would not result in safety hazards from inadequate emergency access because a detailed traffic control plan would be prepared for the construction of both PLDA and non-PLDA projects during project specific environmental review. The traffic control plan would include signage and flaggers, and other warning devices to allow heavy equipment on roadways, and would provide adequate measures to ensure public safety of motorists and pedestrians located near proposed construction areas. Through implementation of these measures, potential program level impacts associated with emergency access would be less than significant. CEQA Findings of Fact 17 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.4.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR and restated above in Section 2.4.1. Facts in Support: Proposed DMP Update components would not result in traffic, access, or parking impacts because operation and maintenance activities would not take place directly in roadways or interfere with normal circulation. To avoid potential impacts resulting from roadway, bridge, and culvert maintenance, the traffic control measures discussed above would be implemented. Operation and maintenance activities would not generate traffic or adversely affect transportation/circulation in the long term. Therefore, traffic impacts associated with operation and maintenance activities would be less than significant. 2.4.3 Project Level Finding: Implementation of proposed project components B and BN would not result in transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR and restated above in Section 2.4.1. Facts in Support: Project components B and BN would not result in an increase in traffic because ingress and egress of PLDA and non-PLDA project construction traffic would be subject to a traffic control plan, including measures such as notices, signage, flaggers, and other warning devices to control heavy equipment traffic and direct pedestrians to safe crossings. Details of these project design measures are found in Table 3-6 of the Final EIR. Should the City select to dispose of dredge material at an off-site location, as described as Option 2 in Section 3.4.3 of the Final EIR, the project would require a City Haul Route Permit and haul routes would be consistent with the City's approved truck haul route map. Project components B and BN would not generate traffic or adversely affect transportation/circulation in the long term. Therefore, project level traffic impacts would be less than significant. Project components B and BN would not exceed any LOS standards because trip generation for removal of channel spoils is estimated to average 60 average daily trips. This number of trips would not result in a substantial increase in local traffic, or substantial degradation of segment or intersection LOS. Therefore, project level impacts associated with a decrease in roadway or road segment LOS would be less than significant. Project components B and BN would not interfere with emergency access measures because emergency access to and from the Rancho Carlsbad community and surrounding land uses would be maintained during construction of PLDA components B and BN. Likewise, traffic control measures discussed above would be required during construction activity. Therefore, project level impacts associated with emergency access would be less than significant. CEQA Findings of Fact 18 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.5 NOISE (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in noise impacts associated with the Significance Criteria discussed in Section 4.6.2 of the Final EIR. Specifically, the DMP Update components would not: • expose persons within 50 feet of the project to generation of groundborne vibration in excess of 0.2 inches per second (in/sec) peak particle velocity (ppv); • result in increased nighttime ambient noise levels; • result in noise levels of more than 75 dBA (A-weighted decibels) equivalent noise level (Leq) (or above ambient levels, if above 75 dBA Leq) over a period of more than 3 consecutive days; or • expose people residing or working in the project area to excessive noise levels (for a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport). Facts in Support: PLDA project components B and BN would not expose people within 50 feet of the project to groundbourne vibration because temporary construction-related vibration at the nearest receptors would be anticipated to be less than 0.06 in/sec ppv and would likely be less than the level of perception. Groundbourne vibration caused by non-PLDA components is anticipated to be even less. Therefore, project level impacts associated with groundbourne vibration would be temporary and less than significant. Both PLDA and non-PLDA project components B and BN would not result in increased nighttime ambient noise levels because temporary construction activities would only occur during daylight hours, as permitted by the City's noise ordinance. Therefore, project level impacts associated with nighttime noise levels would be less than significant. PLDA project components B and BN would not result in noise levels of more than 75 dBA Leq over a period of more than 3 consecutive days. Although short-term noise levels at homes within 50 feet of construction would exceed 75 dBA, and 1-hour average noise levels would be likely to exceed 75 dBA, the duration of this activity at any residence is anticipated to generally be less than 3 consecutive days. Exposure to vibrations for non-PLDA project components B and BN is anticipated to be less than significant. Therefore, project level impacts associated with noise exposure over 75 dBA would be temporary and less than significant. 2.6 AIR QUALITY 2.6.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to air quality associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR. Specifically, the DMP Update components would not: CEQA Findings of Fact 19 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • conflict with or obstruct implementation of the Regional Air Quality Strategy (RAQS); • violate the National Ambient Air Quality Standards (NAAQS) or California Ambient Air Quality Standards (CAAQS) or contribute substantially to an existing or projected air quality violation; • violate thresholds established by the U.S. Environmental Protection Agency (USEPA), as shown in Table 4.5-5 of the Final EIR; • result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors); • expose sensitive receptors to substantial pollutant concentrations; or • expose sensitive receptors to objectionable odors for more than a 1 -week period. Facts in Support: The DMP Update components would not result in gaseous or paniculate emissions that conflict with or violate a national or state air quality standard or threshold because implementation of standard design and construction practices as described in Table 3-6 of the Final EIR would require pollution control measures during construction. These measures include water and dust control agents would be applied to active grading areas, unpaved surfaces, and dirt stockpiles to prevent or suppress airborne particulates; trucks and equipment would not idle for more than 15 minutes when not in service; and air filters and other pollution control devices on construction equipment would be properly operated and maintained. Through these measures temporary impacts associated with violations of air quality standards would be less than significant. The DMP Update components would not result in exposure to objectionable odors because the release of odor from wet sediments or from paving activities would dissipate relatively rapidly and would not be anticipated to be noticeable for more than 1 week. Therefore, temporary program level impacts associated with objectionable odors would be less than significant. 2.6.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities to air quality associated with the DMP Update would not result in impacts associated with the Significance Criteria discussed in Section 4.5.2 of the Final EIR and restated above in Section 2.6.1. Facts in Support: Proposed operation and maintenance activities of the DMP Update components would not result in gaseous or particulate emissions that conflict with or violate a national or state air quality standard or threshold because operation and maintenance of both PLDA and non-PLDA components require use of standard design and construction practices as described above and detailed in Table 3-6 of the Final EIR. Through implementation of these project CEQA Findings of Fact 20 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact design features/methods and construction practices, air quality impacts associated with operation and maintenance activities would be less than significant. 2.6.3 Project Level Finding: Implementation of project components B and BN would not result in impacts associated with the Significance Criteria discussed in Section 4.5.2 of the Final EIR and restated above in Section 2.6.1. Facts in Support: Project components B and BN would not result in gaseous or particulate emissions that conflict with existing attainment and maintenance plans, violate air quality standards, or make a considerable contribution to the existing regional pollutant concentrations because estimated air emissions resulting from implementation of PLDA project components B and BN were modeled and calculated using the general assumption that 30,000 cubic yards of dredged and excavated materials would be hauled off-site and project construction would last 4 to 6 months. The conclusion reached was that estimated project emissions would be less than the threshold values used for assessment of conformity of federal projects to the state air quality plans (details of the modeling and calculations are included in Section 4.5.3.3 of the Final EIR). Therefore, project level impacts resulting from air quality emissions would be less than significant. PLDA project components B and BN would not result in exposure to objectionable odors for more than a 1-week period. Although there would be a potential for odor emissions from the dredging and removal of wet sediments from the creek channels, this would be limited to the time required to remove the odorous materials or for the odor emissions to be minimized by drying of the materials and would not last more than 1 week. Therefore, project level impacts associated with objectionable odors would be less than significant. Non-PLDA project components B and BN would not result in air quality impacts because the intensity and duration of long-term maintenance activities would be less, and emissions would be less than calculated for the PLDA construction activities. Therefore, potential project level air quality impacts associated with non-PLDA components B and BN would be less than significant. 2.7 RECREATION 2.7.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to recreation associated with the Significance Criteria discussed in Section 4.7.2 of the Final EIR. Specifically, the DMP Update components would not: • result in adverse impacts to recreational opportunities in the city. Facts in Support: The DMP Update components would not result in adverse impacts to recreational opportunities in the city because the project does not involve construction of or improvements to existing or proposed recreational facilities. Existing neighborhood and regional CEQA Findings of Fact 21 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact parks or other recreational facilities would not be affected by the DMP Update. There could be temporary impacts on recreational uses within open space and parks during construction of DMP Update components; however, these potential impacts would be short term, and alternative recreational facilities within the city would remain available for use. Therefore, program level impacts to recreational opportunities within the city would be less than significant. 2.7.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to recreation associated with the Significance Criteria discussed in Section 4.7.2 of the Final EIR and restated above in Section 2.7.1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in adverse impacts to recreational opportunities in the city because these activities would not involve the construction of recreational components or improvements to existing or proposed recreational facilities. Existing neighborhood and regional parks or other recreational facilities would not be affected. There could be temporary impacts on recreational uses within open space and parks during operation and maintenance activities; however, these potential impacts would be short term, and alternative recreational facilities within the city would remain available for use. Therefore, recreational impacts associated with operation and maintenance activities would be less than significant. 2.7.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts associated with the Significance Criteria discussed in Section 4.7.2 of the Final EIR and restated above in Section 2.7.1. Facts in Support: Implementation of project components B and BN would not result in adverse recreational opportunities in the city because neither PLDA nor non-PLDA components parts would involve the construction or expansion of recreational facilities. Further, Use of existing recreation facilities within the Rancho Carlsbad residential community would not be impacted by implementation of either component B or BN. Therefore, project level recreational impacts would be less than significant. 2.8 GEOLOGY/SOILS 2.8.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to geology/soils associated with the Significance Criteria discussed in Section 4.8.2 of the Final EIR. Specifically, the DMP Update components would not: • expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: CEQA Findings of Fact 22 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact o rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault, o strong seismic ground shaking, o seismic-related ground failure, including liquefaction, or o landslides; • result in substantial soil erosion or the loss of topsoil; • be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; or • be located on expansive soils, as defined in the 1997 Uniform Building Code, creating substantial risks to life or property; or • result in the loss of availability of a locally important mineral resource. Facts in Support: The DMP Update components would not result in the exposure of people or structures to seismic, fault-related hazards, liquefaction, or landslides because, although the proposed DMP Update components may potentially be subject to local seismic activity, geotechnical investigations would be required prior to design of each component to identify issues related to faults and seismic hazards and to develop appropriate design features to address potential issues. Additionally, the City of Carlsbad Building Code and the Uniform Building Code require project design measures be incorporated into project component design to minimize the threat of such damage. Therefore, program level impacts associated with fault and seismic activity would be less than significant. The DMP Update components would not result in impacts due to unstable or expansive soils. Although construction activity of components could result in potential hazards resulting from expansive or unstable soils and rock conditions, a geotechnical investigation would be required prior to the commencement of individual projects involving excavation, grading, or construction of new structures. Likewise, the DMP Update components would not result in impacts from substantial soil erosion because all construction would be performed in accordance with the requirements of the City's Grading Ordinance, which requires the control of erosion during construction and the stabilization of all disturbed surfaces upon completion of construction. Therefore, program level impacts associated with expansive and unstable soil or soil erosion would be less than significant. The DMP Update components would not result in the loss of availability of a locally important mineral resource because extraction of mineral resources is not proposed as part of the project. Therefore, no program level impacts related to the loss of availability of a locally important CEQA Findings of Fact 23 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact mineral resource recovery site are anticipated from implementation of proposed DMP Update project components. 2.8.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to geology/soils associated with the Significance Criteria discussed in Section 4,8.2 of the Final EIR and restated above in Section 2.8.1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in impacts to soils or seismic activity because site- specific geotechnical analysis would be conducted for proposed PLDA and non-PLDA components and site-specific remediation measures would be incorporated into facility project design. Therefore, impacts to soils or seismic activity from operation and maintenance activities would be less than significant. Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in impacts from substantial soil erosion. Although some operation and maintenance activities within natural channels could lead to damage from accelerated erosion, all operation and maintenance would be performed in accordance with the requirements of the City's Grading Ordinance, which requires the control of erosion during construction and the stabilization of all disturbed surfaces upon completion of construction. Due to conformance with the City's ordinance, erosion-related impacts from operation and maintenance activities would be less than significant. 2.8.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to geology/soils associated with the Significance Criteria discussed in Section 4.8.2 of the Final EIR and restated above in Section 2.8.1. Facts in Support: Implementation of both PLDA and non-PLDA proposed project components B and BN would not expose people or structures to geologic hazards because a geotechnical evaluation found no evidence of faulting within the project limits. Although the project area could experience seismic activity, the requirements of the City Building Code and the 2001 Uniform Building Code would be implemented as part of project level design to minimize the threat of construction damage associated with seismic activity. Therefore, project level impacts associated with geologic hazards would be less than significant. Implementation of both PLDA and non-PLDA proposed project components B and BN would not result in impacts due to erosion or unstable or expansive soils. Although the project would involve bank and channel excavation and installation of drop structures, drains, and an access road where expansive soils potentially occur, design of the project components would incorporate Best Management Practices (BMPs) and erosion-prevention measures to address issues related to expansive soils and stabilize the banks of the creeks. These BMPs are detailed CEQA Findings of Fact 24 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact in Section 4.8.3.3 of the Final EIR. Through implementation of the BMPs, project level impacts associated with erosion or unstable or expansive soils would be less than significant. Implementation of both PLDA and non-PLDA project components B and BN would not result in the loss of availability of a locally important mineral resource because the projects do not include extraction of mineral resources. Additionally, no mineral resources recovery sites are designated within the city, and no impacts related to loss of availability of a locally important mineral resource recovery site are anticipated. 2.9 HYDROLOGY/WATER QUALITY 2.9.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 of the Final EIR. Specifically, the DMP Update components would not: • violate federal, state, or local water quality standards or waste discharge requirements; • alter the existing drainage pattern of flow of the area, including through the alteration of the course of a stream or river, in a manner that would result in adverse impacts from erosion, siltation, or flooding on- or off-site; • create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff; • otherwise adversely impact water quality; • place housing or other structures within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or FIRM or other flood delineation map, that would impede or redirect flows; or • expose people or structures to a significant risk of loss, injury, or death involving flooding. Facts in Support: The DMP Update components would not result in violations of water quality standards or waste discharge requirements, create or contribute an exceedance of storm water runoff, or adversely impact water quality. Although temporary impacts could occur during construction activities, a Storm Water Pollution Prevention Plan (SWPPP), as required by the State Water Resources Control Board, will be prepared for project components resulting in soil disturbance greater than or equal to 1 acre. The SWPPP will identify BMPs that will help reduce impacts related to construction activities and postconstruction activities on storm water quality. Details of proposed BMPs are included as project design measures in Table 3.6 and Section 4.9.3.1 of the Final EIR. In addition, under the San Diego County Municipal Permit, compliance with the City's storm water management requirements includes preparation of a Water Quality Technical Report (WQTR), which would minimize any impact of proposed projects on storm CEQA Findings of Fact 25 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact water quality, regardless of project size. Through implementation of the BMPs identified in the storm water management documents, program level impacts associated with hydrology/water quality will be less than significant. 2.9.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 of the Final EIR and restated above in Section 2.9.1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in violations of water quality standards or waste discharge requirements; create or contribute an exceedance of storm water runoff; or adversely impact water quality because the spill contingency plan and construction measures, including a SWPPP or WQTR, as appropriate, are identified as project design measures in Table 3-6 of the Final EIR. Through implementation of the project design measures, including enforcement of BMPs identified in the storm water management documents, hydrology/water quality impacts associated with operation and maintenance activities will be less than significant. 2.9.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 of the Final EIR and restated above in Section 2.9.1. Facts in Support: Implementation of proposed project components B and BN would not result in violations of water quality standards or waste discharge requirements, create or contribute an exceedance of storm water runoff, or adversely impact water quality. Although the projects propose dredging and construction activities that could potentially degrade water quality in the creeks, project components B and BN would be required to incorporate BMPs into the project design, which would be part of the required SWPPP, as specified in Table 3-6 of the Final EIR. Implementation of the SWPPP would avoid potential impacts. Therefore, project level hydrology/water quality impacts would be less than significant. 2.10 CULTURAL RESOURCES (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in impacts to cultural resources associated with the Significance Criteria discussed in Section 4.11.2 of the Final EIR. Specifically, project components B and BN would not: • cause a substantial adverse change in the significance of a historical or archaeological resource as defined in Section 15064.5; or • disturb any human remains, including those interred outside of formal cemeteries. CEQA Findings of Fact 26 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of both PLDA and non-PLDA components B and BN would not result in impacts to cultural resources because no cultural resources were identified during the archival research or field survey within the proposed project areas. Implementation of PLDA and non-PLDA components of proposed project components B and BN would not result in the disturbance of human remains. Although the potential exists for buried cultural deposits in areas adjacent to creek and river beds, none are expected to be encountered during ground-disturbing activities associated with the dredging of Agua Hedionda and Calavera creeks due to the level of previous disturbance in the area. Therefore, project level impacts to cultural resources would be less than significant. 2.11 PALEONTOLOGICAL RESOURCES (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in impacts to paleontological resources associated with the Significance Criteria discussed in Section 4.12.2 of the Final EIR. Specifically, project components B and BN would not: • directly or indirectly destroy an identified sensitive paleontological resource or site or an identified sensitive geologic feature. Facts in Support: Implementation of both PLDA and non-PLDA components of proposed project components B and BN would not result in impacts to paleontological resources because the proposed project boundary for project components B and BN is located on Quaternary alluvial deposits, which have a low to moderate potential to contain paleontological resources. Additionally, the creeks were previously dredged and channelized during construction of the Rancho Carlsbad residential community, as well as during subsequent emergency dredging. Therefore, paleontological resources would not likely be destroyed as a result of conducting the proposed dredging and improvements, and project level impacts would be less than significant. 2.12 CUMULATIVE (PROGRAM AND PROJECT LEVEL) 2.12.1 Land Use Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to land use. Facts in Support: Implementation of the DMP Update would not result in significant land use impacts. It is assumed that future development in the city would occur in a manner consistent with the City's General Plan, Growth Management Plan, and other land use planning documents and regulations. However, implementation of the DMP Update would not alter planned land use conditions in the city beyond what is envisioned in the General Plan. Therefore, the DMP Update would not contribute to cumulative land use impacts in Carlsbad. 2.12.2 Agricultural Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to agricultural resources. CEQA Findings of Fact 27 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant agricultural resource impacts. The proposed DMP Update components would not involve the conversion of Important Farmlands or existing agricultural uses to nonagricultural uses and would not conflict with any Williamson Act contracts in the City. Therefore the DMP Update would not contribute to cumulative agricultural resource impacts. 2.12.3 Visual Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to visual resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to visual resources. Many proposed components are located at or below grade within or adjacent to the existing road right of way or in developed/disturbed areas. Visual impacts during construction would be short-term and no permanent lighting would be necessary. For this reason, the DMP Update would not contribute to cumulative impacts to visual resources. 2.12.4 Transportation/Circulation Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to transportation/circulation. Facts in Support: Implementation of the proposed DMP Update components would not result in impacts to transportation/circulation. Although project components could generate potential cumulative short-term construction-related impacts, these would be minimized or avoided through coordination and implementation of traffic control plans and encroachment permit requirements at the time of construction. Through these measures, the DMP Update would not cumulatively contribute to significant transportation/circulation impacts. 2.12.5 Noise Finding: Implementation of the DMP Update would not result in program or project level cumulative noise impacts. Facts in Support: Implementation of the proposed DMP Update components would not result in significant noise impacts. DMP Update components have the potential to generate short-term noise impacts during construction and maintenance activities; however, the components would not result in any long-term noise impacts. Potential localized impacts due to construction noise are mitigated to a level of insignificant through required component compliance with standards regarding acceptable levels of vibration caused by construction equipment and noise when construction is within a specified distance of a sensitive receptor. Therefore, the DMP Update would not result in a significant contribution to cumulative noise impacts. 2.12.6 Air Quality Finding: Implementation of the DMP Update would not result in program or project level cumulative air quality impacts. CEQA Findings of Fact 28 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to air quality. Temporary emissions generated from construction equipment and fugitive dust during construction activities would be minimized by incorporation of the dust control and construction emission control features included in Table 3-6 of the Final EIR. Therefore, the DMP Update components would not result in a significant contribution to cumulative air quality impacts. 2.12.7 Recreation Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to recreational resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to recreation. Impacts to existing facilities could be experienced during component construction, but these impacts would be short term and alternative recreation facilities within Carlsbad would remain available for use. Therefore, the DMP Update would not contribute to cumulative impacts to recreation. 2.12.8 Geology/Soils Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to geology/soils. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to geology/soils. Geologic conditions in the region would essentially remain the same regardless of implementation of the DMP Update, and geotechnical investigations would be required prior to project construction. Therefore, the DMP Update would not contribute to cumulative impacts related to geology/soils. 2.12.9 Hydrology/Water Quality Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to hydrology/water quality. Facts in Support: Implementation of the proposed DMP Update components would not result in significant hydrology/water quality impacts. The DMP Update would not substantially increase the amount of impervious surfaces and would serve to improve overall flood control and storm water conveyance in the City; components would also be required to comply with various water quality control measures such as those outlined in Table 3-6 of the Final EIR. Therefore, the project would not significantly contribute to cumulative hydrology/water quality impacts. 2.12.10 Cultural Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to cultural resources. CEQA Findings of Fact 29 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to cultural resources based on the mitigation measures recommended in Section 4.11 of the Final EIR. Further, project level components B and BN are not anticipated to impact cultural resources. Therefore, the project would not result in a considerable contribution to significant cumulative cultural resource impacts. 2.12.11 Paleontological Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to paleontological resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to paleontological resources based on the mitigation measures recommended in Section 4.12 of the Final EIR. Further, project level components B and BN are not anticipated to impact paleontological resources. Therefore, the project would not result in a considerable contribution to a significant cumulative paleontological resource impact. 3.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The Final EIR identifies certain mitigation measures that have been incorporated, in all substantive respects, into the MMRP for the DMP Update. The City, as Lead Agency, will incorporate the MMRP into the conditions of approval of the DMP Update. The City finds, pursuant to CEQA Section 21081(a)(l)-(2) and CEQA Guidelines Section 15091(a)(l)-(2), that changes or alterations have been required in, or incorporated into, the Project, which would avoid or substantially lessen the potentially significant effects in the following environmental categories: (1) noise; (project level); (2) biological resources (program and project level); (3) cultural resources (program level); and, (4) paleontological resources (program level). The City finds that the potentially significant effects in the environmental categories specified above have been mitigated to a level that is less than significant after implementation of mitigation measures identified in the Final EIR and incorporated into the MMRP. The impacts, which have been reduced to a less than significant level with mitigation, together with the basis for such determination, are set forth below. 3.1 NOISE (PROGRAM LEVEL) 3.1.1 Potentially Significant Impacts The DMP Update has the potential to result in the following potentially significant program level noise impacts: • There would be a potentially significant noise impact if a proposed DMP Update component would require the use of heavy construction equipment, generating noise of 75 dBA or greater within 50 feet of a sensitive receptor for a period of longer than 3 days, CEQA Findings of Fact 30 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact or if a proposed DMP Update project component would require work to be done after sunset or before 7:00 a.m., excluding holidays. (Noise-1) • There would be a potentially significant vibration impact if a proposed DMP Update component would require the use of pile drivers, generating a vibration of 0.2 in/sec or greater at a sensitive receptor. (Noise-2) Operation and maintenance activities identified in the DMP Update have the potential to result in potentially significant noise impact Noise-1, stated above. 3.1.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level noise impacts resulting from implementation of the DMP Update. 3.1.3 Mitigation Measures The Final EIR found that the above potentially significant effects relating to program level noise impacts would be mitigated to a level of less than significant through implementation of the following mitigation measures: Noise-1 If a proposed project component would require the use of construction equipment that may generate noise of 75 dBA or greater within 50 feet of a sensitive receptor for a period of longer than 3 days, or would require work to be done between sunset and 7:00 a.m., as permitted by Municipal Code Section 8.48.020, preparation and implementation of a project level noise evaluation shall be required. The evaluation shall assess potential noise levels and require the implementation of appropriate noise attenuation measures to reduce potential noise impacts to less than 75 dBA Leq during the daytime or to 60 dBA Leq at nighttime. The noise evaluation shall consider the use of temporary noise walls, noise blankets, noise-reducing enclosures for individual pieces of equipment, and engines with special mufflers as potential noise attenuation measures. Monitoring shall be required to demonstrate the effectiveness of the project-specific measures to reduce noise levels to this limit. If monitoring results indicate that the measures are not reducing noise to acceptable levels, work will cease until further environmental analysis is performed that recommends additional noise attenuation measures. For emergency projects as defined in Municipal Code Section 8.48.020(A), the requirement for evaluation, monitoring, and potential additional mitigation measures shall be performed if determined feasible by the City Engineer. Noise-2 If a proposed project component would require the use of pile drivers, preparation and implementation of a project level vibration evaluation shall be required. The evaluation shall consider the potential vibration levels associated with project construction at the nearest structure locations. The analysis shall demonstrate that CEQA Findings of Fact 31 EIR 04-02 Carlsbad Drainage Master Plan Update January 16, 2008 Findings of Fact vibration levels at those structures remain below 0.2 in/sec, or a different construction technique resulting in vibration less than 0.2 in/sec shall be required. 3.1.4 Facts in Support Implementation of Mitigation Measure Noise-1 will reduce potentially significant noise impacts associated with the use of heavy construction equipment because preconstruction noise assessments will verify that appropriate noise attenuation measures are tailored for each DMP Update project component to reduce potential significant impacts to less than significant. Implementation of Mitigation Measure Noise-2 will reduce potentially significant noise impacts associated with vibration impacts because preconstruction vibration evaluations will verify that appropriate measures are tailored for each DMP Update project component to reduce potential significant impacts to less than significant. Implementation of Mitigation Measures Noise-1 and Nosie-2 will reduce potentially significant noise impacts to a level of less than significant. 3.2 BIOLOGICAL RESOURCES (PROGRAM AND PROJECT LEVEL) 3.2.1 Potentially Significant Impacts (Program Level) The DMP Update and operation and maintenance activities have the potential to result in the following potentially significant program level and cumulative biological resource impacts: • Per the City's HMP, implementation of proposed DMP Update components could result in long-term impacts if sensitive species or habitats are permanently destroyed or degraded. This would also result in a cumulative impact to biological resources. (Bio-1) • Long-term or permanent impacts could result from loss of sensitive habitats within the Coastal Zone. This would contribute to the regional loss of sensitive habitats, resulting in a cumulative impact. (Bio-2) • The loss of state and/or federally listed plant species is considered a significant impact. The loss of sensitive plant species at a regional level would contribute to a cumulative impact. (Bio-3) • Drainage facility improvements that result in substantial vegetation clearing or impede wildlife movement within Core Areas and linkages would result in a significant impact. (Bio-4) 3.2.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level and cumulative impacts to biological resources resulting from implementation of the DMP Update. 3.2.3 Mitigation Measures CEQA Findings of Fact 32 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The Final EIR found that the above significant effects relating to biological impacts would be mitigated to a level considered less than significant through implementation of the following mitigation measures. Implementation of Mitigation Measures Bio 1-a through Bio 1-d would be required for DMP Update components that would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the City's HMP. Avoidance and on-site mitigation are the priority. Future project level environmental review for DMP Update components that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. Bio-la For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal Clean Water Act (CWA), federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or Multiple Habitat Conservation Program (MHCP) plan area, at a ratio to be determined by the applicable Resource Agencies at the time of project permitting. Bio-lb Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, and native grass) shall be mitigated at a 3:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Bio-lc Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Bio-Id Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, normative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are not subject to the fee payment. Instead, these types of impacts will be mitigated at the Lake Calavera Mitigation Bank, per the ratios included in Table 11 of the HMP. An appropriate mitigation ratio would be determined based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Bio-le Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities within occupied gnatcatcher habitat shall occur between March 1 and August 15, CEQA Findings of Fact 33 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact the breeding season of the coastal California gnatcatcher (gnatcatcher). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied habitat shall occur between March 1 and August 15, until the requirements in Bio-If and Bio-lg have been met to the satisfaction of the City: Bio-If A qualified biologist (possessing a valid Endangered Species Act Section 10(a)(l)(a) Recovery Permit) shall survey appropriate habitat areas subject to construction noise levels exceeding 60 dBA Leq for the presence of gnatcatcher. Gnatcatcher surveys shall be conducted pursuant to USFWS protocol survey guidelines a minimum of 4 weeks (within the breeding season) prior to commencement of construction. If gnatcatchers are present, then the following conditions must be met: • Between March 1 and August 15, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied gnatcatcher habitat. An analysis concluding that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction- generated noise will not exceed 60 dBA Leq at the edge of occupied gnatcatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (August 15). Bio-lg If gnatcatchers are not detected during the preconstruction survey within areas that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall submit substantial evidence to the City and applicable Noise monitoring shall continue at least twice weekly on varying days, or more frequently depending on the construction activity, to verify that noise levels at the edge of occupied habitat are maintained below 60 dBA Leq or to the ambient noise level if it already exceeds 60 dBA Leq. If not, other measures shall be implemented in consultation with the biologist and the City, as necessary, to reduce construction-generated noise levels to below 60 dBA Leq or to the ambient noise level if it already exceeds 60 dBA Leq. Such measures may include, but are not limited to, limitations on the placement of construction equipment and the simultaneous use of equipment. CEQA Findings of Fact 34 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 1 and August 15 as follows: • If this evidence indicates the potential is high for gnatcatcher to be present based on historical records or site conditions, then measure Bio-If shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures will be necessary. Bio-lh Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within least Bell's vireo habitat shall occur between March 15 and September 15 (least Bell's vireo breeding season) in occupied least Bell's vireo habitat. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied least Bell's vireo habitat shall occur between March 15 and September 15 until the requirements in Bio-li and Bio-lj have been met to the satisfaction of the City. Bio-li A qualified biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of least Bell's vireo. Least Bell's vireo surveys shall be conducted a minimum of 8 weeks (within the breeding season) prior to commencement of construction. If least Bell's vireos are present, then the following conditions must be met: • Between March 15 and September 15, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied least Bell's vireo habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration), with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction- generated noise would not exceed 60 dBA Leq at the edge of occupied least Bell's vireo habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the CEQA Findings of Fact 35 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 16). Bio-lj If least Bell's vireos are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall provide evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 15 and September 15 as follows: • If this evidence indicates the potential is high for least Bell's vireo to be present based on historical records or site conditions, then condition li shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Bio-Ik Prior to the first preconstruction meeting for each phase of the project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within occupied southwestern willow flycatcher habitat between May 1 and September 1 (southwestern willow flycatcher breeding season). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied southwestern willow flycatcher habitat shall occur between May 1 and September 1 until the requirements in Bio-11 and Bio-1m have been met to the satisfaction of the City. Bio-11 A qualified biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of southwestern willow flycatcher. Southwestern willow flycatcher surveys shall be conducted pursuant to USFWS protocol survey guidelines a minimum of 6 weeks (within the breeding season) prior to commencement of construction. If southwestern willow flycatchers are present, then the following conditions must be met: • Between May 1 and September 1, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied southwestern willow flycatcher habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR CEQA Findings of Fact 36 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction- generated noise would not exceed 60 dBA Leq at the edge of occupied southwestern willow flycatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 2). Bio-1m If southwestern willow flycatchers are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measure (e.g., berms, walls) are necessary between May 1 and September 1 as follows: • If this evidence indicates the potential is high for southwestern willow flycatcher to be present based on historical records or site conditions, then measure Bio-11 shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Bio-In To identify the presence/absence of sensitive and/or native fish species within potential aquatic habitat (e.g., freshwater species such as the tidewater goby), the following measure shall be implemented: • Conduct a trapping/netting study; if sensitive native fish are detected, then (1) trapping and translocation of the sensitive fish shall occur, and/or (2) exclusionary trapping shall be placed to prevent sensitive fish species from entering the area of disturbance during in-stream activity. Bio-lo Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction of DMP Update components, as required by the Wildlife Agencies. Bio-2a For DMP Update components that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the Local Coastal Program (LCP). CEQA Findings of Fact 37 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Bio-2b Mitigation ratios shall be consistent with the provisions of the HMP and LCP. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For DMP Update components with unavoidable impacts, the City shall either: (1) demonstrate that viable wetlands can be created at a minimum ratio of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project; or (2) provide proof that wetland creation credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high-quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update components where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City) and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the Wildlife Agencies. Bio-3 As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to implementation of DMP Update components. Surveys shall be conducted at a time when sensitive plant species would be most observable. Bio-4 At the project design stage for the DMP Update components located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. 3.2.4 Facts in Support Implementation of Mitigation Measures Bio-la through Bio-Id will reduce potentially significant impacts to sensitive habitat because they require replacement of disturbed habitat with preserved habitat at ratios determined in consultation with the Resource Agencies. This measure will verify that despite disturbance of habitat caused by development, sensitive habitat remains viable throughout the city. Implementation of Mitigation Measures Bio-le through Bio-1m will reduce potentially significant impacts to coastal California gnatcatcher (Polioptila californicd), least Bell's vireo (Vireo bellii pusillus), and southwestern willow flycatcher (Empidonax traillii extimus) because they require the avoidance of breeding seasons, and preconstruction screening of surrounding habitat to determine the existence of nesting birds. This will verify that appropriate steps are taken to protect the species from noise generated by the nearby construction. CEQA Findings of Fact 38 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Implementation of Mitigation Measure Bio-In will reduce potentially significant impacts to native fish because it requires preconstruction identification of such species in water bodies potentially affected by construction activities to verify appropriate protective steps are taken prior to in-stream activities. Implementation of Mitigation Measure Bio-lo will reduce potentially significant impacts to additional wildlife species through the requirement of preconstruction protocol surveys as directed by the state and federal Wildlife Agencies. These surveys will identify whether any species requiring protective measures are present within the project sites. Through implementation of Mitigation Measure Bio-lo, potentially significant impacts to sensitive habitat and species will be reduced to less than significant. Implementation of Mitigation Measures Bio-2a and 2b will reduce potentially significant impacts resulting from loss of sensitive habitats within the Coastal Zone because disturbed habitat shall be replaced at ratios consistent with requirements of the City's HMP and determined in consultation with the Wildlife Agencies. Wetland loss will require approval by the Resource Agencies of a viable wetland creation mitigation site with long-term value prior to initiation of construction. This measure will verify the continued viability of coastal habitat through preservation and restoration. Through implementation of Mitigation Measures Bio-2a and 2b, potentially significant impacts to sensitive habitat within the Coastal Zone will be reduced to less than significant. Implementation of Mitigation Measures Bio-3 will reduce potentially significant impacts resulting from loss of sensitive plant species because preconstruction surveys are required to determine the existence of sensitive plants in the vicinity of each project so appropriate protective steps can be taken. Through implementation of Mitigation Measures Bio-3, potentially significant impacts to sensitive plants will be reduced to less than significant. Implementation of Mitigation Measure Bio-4 will reduce potentially significant impacts resulting from impeding wildlife movement within Core Areas and linkages because each component of the DMP Update must be designed to preserve wildlife movement within the drainages. Through implementation of Mitigation Measure Bio-4, potentially significant impacts associated with wildlife movement will be reduced to less than significant. 3.2.5 Potentially Significant Impacts (Project Level) DMP Update project components B and BN and have the potential to result in the following project level potentially significant biological impacts: • The loss of 0.08 acres of willow riparian forest is considered a significant and cumulative impact and requires compensatory mitigation (i.e., creation, restoration, and/or replacement of in-kind habitat). (Bio-5) • Loss of wetland and riparian habitat within the Coastal Zone is considered a significant and cumulative impact. (Bio-6) CEQA Findings of Fact 39 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • Proposed dredging and improvements within Agua Hedionda Creek (area adjacent to Cannon Road Bridge) have the potential to result in significant indirect impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail. (Bio-7) 3.2.6 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant impacts to biological resources resulting from implementation of the DMP Update components B and BN. 3.2.7 Mitigation The Final EIR found that the above significant effects relating to project level biological impacts would be mitigated to a level considered less than significant through implementation of the following mitigation measures: Bio-5 Mitigation measures listed for Bio-la, and Bio-2a and 2b shall be implemented as applicable to address project-specific vegetation impacts within Agua Hedionda and Calavera creeks. Bio-6 The project shall mitigate impacts to wetland and riparian habitat through on-site restoration and/or off-site wetland and riparian habitat creation/restoration/ enhancement at a ratio to be determined in coordination with the applicable Resource Agencies at the time of permitting, consistent with LCP and HMP policies and provisions, as applicable. If adequate acreage to satisfy mitigation is not available on-site and/or at the Lake Calavera Mitigation Bank, then alternative mitigation credits may be purchased from the North County Mitigation Bank, or other alternative sites deemed acceptable by the Resource Agencies. Bio-7a If dredging and improvement activities cannot be conducted outside the breeding season for sensitive wildlife species, then prior to commencement of construction activities, a preconstruction survey shall be conducted by a qualified biologist to determine presence/absence of nesting birds. If nesting birds are detected on-site, vegetation removal shall be delayed until the chicks have fledged or the nest has failed. Bio-7b To address potential impacts to the light-footed clapper rail, a qualified biologist shall survey the area and surrounding 500-foot buffer area for light-footed clapper rails prior to implementation of dredging activities. There is no need to survey the area upstream of El Camino Real since this area is void of suitable clapper rail habitat (freshwater marsh). If clapper rails are detected in the project area, they should be flushed, prior to the onset of any vegetation removal. Bio-7c For potential indirect impacts to least Bell's vireo, Mitigation Measures Bio 1-h through Bio 1-j shall be implemented, as applicable. CEQA Findings of Fact 40 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Bio-7d For potential indirect impacts to southwestern willow flycatcher, implementation Mitigation Measures Bio-Ik through Bio-1m shall be implemented, as applicable. Bio-7e To discourage sensitive bird species from entering active construction areas between El Camino Real and Cannon Road bridges, a physical barrier (construction fence) shall be installed on the downstream side of Cannon Road before dredging or vegetation removal commences. The barrier would be removed once the construction activity has ceased on the south side of El Camino Real. 3.2.8 Facts in Support Implementation of Mitigation Measure Bio-5 will reduce potentially significant impacts resulting from the loss of 0.08 acres of willow riparian forest because habitat replacement will be required for the disturbed willow riparian forest at ratios determined in consultation with state and federal Wildlife Agencies. Through implementation of Mitigation Measure Bio-5, potentially significant impacts to 0.08 acres of willow riparian forest will be reduced to less than significant. Implementation of Mitigation Measure Bio-6 will reduce potentially significant impacts resulting from the loss of wetland and riparian habitat within the Coastal Zone because wetland habitat restoration and creation are required for all impacts at ratios determined in coordination with the applicable Resource Agencies. Through implementation of Mitigation Measure Bio-6, potentially significant impacts to riparian habitat will be reduced to less than significant. Implementation of Mitigation Measures Bio-7a through Bio-7e will reduce potentially significant impacts resulting from the indirect impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail because preconstruction surveys of the project areas will verify that appropriate measures are taken prior to disturbance of vegetation. Through implementation of Mitigation Measures Bio-7a through Bio-7e, potentially significant impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail will be reduced to less than significant. 3.3 CULTURAL RESOURCES (PROGRAM LEVEL) 3.3.1 Potentially Significant Impacts The DMP Update has the potential to result in the following potentially significant program level impacts to cultural resources: • For those areas not adequately surveyed, as identified in Tables 4.11-2 and 4.11-3 of the Final EIR, roads traversing previously undisturbed areas or projects requiring surface disturbance in undeveloped areas could potentially lead to significant impacts to surface cultural deposits. (Cult-1) • Ground-disturbing project activities or excavation into intact native soils could potentially impact significant cultural resources that have not yet been discovered. (Cult-2) CEQA Findings of Fact 41 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The operation and maintenance activities of the DMP Update have the potential to result in potentially significant impact Cult-1, stated above. 3.3.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level impacts to cultural resources resulting from implementation of the DMP Update. 3.3.3 Mitigation Measures The Final EIR found that the above significant effects relating to program level and operation and maintenance activities would be mitigated to a level considered less than significant through implementation of the following mitigation measures: Cult-1 The following mitigation measures will be required if a proposed PLDA or non- PLDA component is located in an undeveloped area that could potentially impact significant cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements - Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the South Coastal Information Center (SCIC) for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the CEQA Findings of Fact 42 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-centimeter-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project, the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. Cult-2 Monitoring Requirements - Construction monitoring will be required for proposed PLDA or non-PLDA DMP Update components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. a) Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/ excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services, and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the CEQA Findings of Fact 43 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the PL For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground- disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. e) The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. CEQA Findings of Fact 44 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 3.3.4 Facts in Support Implementation of Mitigation Measure Cult-1 will reduce potentially significant program level impacts resulting from roads or surface disturbance through areas not adequately surveyed because any unsurveyed area will undergo preconstruction surveys to verify adequate steps are taken to protect and preserve any identified cultural resources. Through implementation of Mitigation Measure Cult-1 potentially significant program level impacts to cultural resources will be reduced to less than significant. Implementation of Mitigation Measure Cult-2 will reduce potentially significant program level impacts to undiscovered resources because an on-site construction monitor will be present during excavation and grading of areas with potential resources to verify that ground-disturbing activities are halted should resources be located. Through implementation of Mitigation Measure Cult-2 potentially significant program level impacts to cultural resources will be reduced to less than significant. 3.4 PALEONTOLOGICAL RESOURCES 3.4.1 Potentially Significant Impacts The DMP Update and operation and maintenance activities have the potential to result in the following potentially significant program level impact to paleontological resources: • Grading and earthwork could disturb potentially unknown fossil remains and the information in the fossils could be lost. (Paleo-1) 3.4.2 Finding Mitigation measures have been identified in Final EIR that mitigate or avoid potentially significant program level impacts to paleontological resources resulting from implementation of the DMP Update. 3.4.3 Mitigation Measures The Final EIR found that the above significant effect relating to program level and operation and maintenance activities would be mitigated to a level considered less than significant through implementation of the following mitigation measure: Paleo-1 A monitoring program shall be prepared and implemented if excavation into intact geologic formations with moderate to high sensitivity is proposed. Components of such a monitoring program shall include, but not be limited to, the following: a) A qualified paleontological monitor shall be present at a pregrading meeting with the construction contractor and PD (Planning Director) of the City Planning Department. The purpose of the meeting will be to consult and coordinate the role of the paleontologist during construction. The CEQA Findings of Fact 45 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact paleontological monitor shall have adequate knowledge and experience with fossilized remains likely to be present to identify them in the field. The paleontological monitor shall be adequately experienced to remove paleontological resources for further study. b) The paleontological monitor shall be present during the applicable stages of grading and construction (including trenching), as determined at the pregrading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. Construction activities in the area of discovery shall resume upon notification by the paleontologist that fossil remains have been recovered. The City shall ensure the contractor is aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance that it might warrant a long-term salvage operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City shall ensure the grading contractor is aware of this provision. Conflicts regarding the role and authority of the monitor shall be resolved by the PD or his/her designee. c) Collected fossils shall be cleaned and/or prepared to a point of identification, and then curated to museum standards (cataloging of locality and specimen data, numbering, identification, labeling) before being deposited in an appropriate public facility (or facilities) that can provide permanent archival storage (so that specimens are available for future scientific study). A report detailing the mitigation and any discoveries shall be prepared and submitted to the City within 3 months following termination of the paleontological monitoring program, even if negative. The report shall include necessary maps, graphics, and fossil lists to adequately document the paleontological monitoring program. 3.4.4 Facts in Support Implementation of Mitigation Measure Paleo-1 will reduce potentially significant impacts resulting from the potential disturbance and loss of fossil remains because the preconstruction monitoring program will verify that steps will be taken to protect and preserve fossils if unearthed during excavation and/or grading. Through implementation of Mitigation Measure Paleo-1 potentially significant impacts to paleontological resources will be reduced to less than significant. 3.5 CUMULATIVE IMPACTS (BIOLOGICAL RESOURCES) 3.5.1 Potentially Significant Impacts CEQA Findings of Fact 46 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The DMP Update would result in potentially significant long-term impacts to biological resources. These impacts would be cumulatively significant when considered together with other development projects in the City and the region due to the loss of sensitive habitat. 3.5.2 Finding Mitigation measures have been identified in Final EIR that mitigate or avoid potentially significant cumulative impacts to biological resources resulting from implementation of the DMP Update. 3.5.3 Mitigation Measures The Final EIR found that cumulative significant biological impacts would be mitigated to a level considered less than significant through implementation of mitigation measures discussed above in Sections 3.2.3 and 3.2.7, and detailed in Section 4.10 of the Final EIR. 3.5.4 Facts in Support Implementation of Mitigation Measures Bio-1 through Bio-7 would reduce significant cumulative biological impacts to less than significant because of the rationale discussed above in Sections 3.2.4 and 3.2.8. 4.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS The City, acting as the Lead Agency under CEQA, finds that the Final EIR identifies no significant unavoidable impacts. CEQA Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the City makes one or more of the following Findings for each significant effect, based on substantial evidence in the record: (1) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect; (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and such changes have been, or can and should be, adopted by such other agency; and/or (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that mitigation measures identified in the Final EIR will substantially lessen the significant impacts identified above in Section 3 of these Findings. Such mitigation measures have been incorporated into the MMRP, which will be included as a condition of the City's approval of the DMP Update. CEQA Findings of Fact 47 January 16,2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 5.0 FINDINGS REGARDING INFEASIBLE ALTERNATIVES In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both mitigation measures and alternatives when contemplating approval of a project with significant impacts. Where a significant impact can be mitigated to an acceptable level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. [Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515, 521; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal. App. 3d 692, 730-731; Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal. 3d 376, 400-403.] Therefore, because the DMP Update would not result in any significant immitigable impacts, no findings are required regarding infeasible alternatives. 6.0 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES The DMP Update would cause irreversible environmental changes consisting of the following: Alteration of the human environment as a consequence of the development process. In particular, the DMP Update would result in the alteration of natural drainages, sensitive biological habitats, and wetlands to provide drainage improvements, flood protection, and indirect improvements to storm water quality control. Impacts to these sensitive resources would be reduced to a less than significant level with the mitigation measures included in the Final EIR. Use of nonrenewable natural resources for construction, operation, and maintenance of project components. The proposed DMP Update would not use nonrenewable fossil fuels, such as diesel, gasoline, or oil for construction equipment at a greater rate than other typical construction projects; increase the overall rate of use of any nonrenewable natural resource; or result in the substantial depletion of any nonrenewable resource. 7.0 FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM The City Council hereby adopts the MMRP attached to this Resolution as Exhibit B. In the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, the MMRP shall control. The MMRP will be adopted as part of the conditions of approval for the DMP Update, pursuant to CEQA Section 21081.6 and CEQA Guidelines Section 15097. CEQA Findings of Fact 48 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Page 1 of 14 PROJECT NAME: City of Carlsbad Drainage Master Plan (DMP) Update (includes Agua Hedionda and Calavera Creek Project) Exhibit EIR-B 06-FILE NUMBERS: EIR 04-02/LCPA 07-06/ZCA 07-04/SUP 02/HMPP 06-03/CDP 06-04 APPROVAL DATE: [Click HereT The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Program Level Mitigation Measures - DMP Update Components Noise-1 If a proposed project component would require the use of constructfon equipment that may generate noise of 75 dBA within 50 feet of a sensitive receptor for a period of longer than 3 days, or would require work to be done between sunset and 7:00 a.m., as permitted by Municipal Code Section 8.48.020, preparation and implementation of a project level noise evaluation shall be required. The evaluation shall assess potential noise levels and require the implementation of appropriate noise attenuation measures to reduce potential noise impacts to less than 75 dBA Uq during the daytime or to 60 dBA Leq at nighttime. The noise evaluation shall consider the use of temporary noise walls, noise blankets, noise- reducing enclosures for individual pieces of equipment, and engines with special mufflers as potential noise attenuation measures. Monitoring shall be required to demonstrate the effectiveness of the project-specific measures to reduce noise levels to this limit. If monitoring results indicate that the measures are not reducing noise to acceptable levels, work will cease until further environmental analysis is performed that recommends additional noise attenuation measures. For emergency projects as defined in Municipal Code Section 8.48.020(A), the requirement for evaluation, monitoring, and potential additional mitigation measures shall be performed if determined feasible by the City Engineer. Noise-2 If a proposed project component would require the use of pile drivers, preparation and implementation of a project level vibration evaluation shall be required. The evaluation shall consider the potential vibration levels associated with project construction at the nearest structure locations. The analysis shall demonstrate that vibration levels at those structures Pre- construction/ Construction Pre- construction/ Construction City of Carlsbad, Engineering - Public Works City of Carlsbad, Engineering - Public Works Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 2 of 14 Exhibit EIR-B Mitigation Measure remain below 0.2 in/sec, or a different construction technique resulting in vibration less than 0.2 in/sec shall be required. Monitoring '• "type Monitoring Ctepartment Shown on ;~ .•'-, Plan's""''1/: Verified Implementation Rernartcs ' Implementation of mitigation measures Bio 1-a through Bio 1-d would be required for DMP Update components that would impact sensitive Habitat Management Plan (HMP ) habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance and on-site mitigation are the priority. Future project level environmental review for DMP Update components that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. Bio-1a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the US Fish and Wildlife Service (USFWS), US Army Corps of Engineers (USAGE), and California Department of Fish and Game (CDFG) as appropriate in accordance with the requirements of the federal Clean Water Act (CWA), federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or Multiple Habitat Conservation Program (MHCP) plan area, at a ratio to be determined by the applicable resource agencies at the time of project permitting. Bio-1b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. Bio-1c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. Bio-1d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are not subject to the fee payment. Instead, these types of impacts will be mitigated at the Lake Calavera Mitigation Bank, per the ratios included in HMP Table 1 1 . An appropriate mitigation ratio would be determined based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project Pre- construction/ Post- Construction Pre- construction/ Post- Construction Pre- construction/ Post- Construction Pre- construction/ Post- Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 3 of 14 Exhibit EIR-B Mitigation Measure permitting. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks.. '•'-. ' '. -::^ •• • ^-'-. . : • Implementation of mitigation measures Bio-1e through Bio-1g shall be required for DMP components that would result in indirect impacts to coastal California gnatcatcher, within 150 m (500 ft) of the proposed project footprint, from construction-q Bio-1e Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities within occupied gnatcatcher habitat shall occur between March 1 and August 15, the breeding season of the gnatcatcher. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied habitat shall occur between March 1 and August 15, until the requirements in Bio-1f and Bio-1g have been met to the satisfaction of the City. Bio-1f A qualified Biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a) Recovery Permit) shall survey appropriate habitat areas subject to construction noise levels exceeding 60 decibels (dBA) hourly equivalent (Leq) for the presence of gnatcatcher. Gnatcatcher surveys shall be conducted a minimum of 4 weeks (within the breeding season) prior to commencement of construction. If gnatcatchers are present, then the following conditions must be met: • Between March 1 and August 15, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied gnatcatcher habitat. An analysis concluding that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise will not exceed 60 dBA Leq at the edge of occupied gnatcatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed enerated noise and would reduce impacts to below a level of significance: Pre- Construction Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 4 of 14 Exhibit EIR-B Mitigation Measure Monitoring Type Mpnitoring Department Shown on Plan! Verified implementation Remarks 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (August 15). Bio-1g If gnatcatchers are not detected during the preconstruction survey within areas that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified Biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 1 and August 15 as follows: • If this evidence indicates the potential is high for gnatcatcher to be present based on historical records or site conditions, then measure Bio-1f shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures will be necessary. Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Implementation of mitigation measures Bio-1 h through Bio-1j shall be required for DMP components that result in indirect impacts to the least Bell's vireo, within 150 m (500 ft) of the proposed project footprint, from construction-generated noise and would reduce impacts to below a level of significance: Bio-1 h Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur between March 15 and September 15 (least Bell's vireo breeding season) in occupied least Bell's vireo habitat. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied least Bell's vireo habitat shall occur between March 15 and September 15 until the requirements in Bio-1 i and Bio-1 j have been met to the satisfaction of the City. Pre- Construction City of Carlsbad, Engineering - Public Works; Planning Bio-1 i A qualified Biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of least Bell's vireo. Least Bell's vireo surveys shall be conducted a minimum of 8 weeks (within the breeding season) prior to commencement of construction. If least Bell's vireos are present, then the following conditions must be met: • Between March 15 and September 15, no construction activities shall occur within any portion of the site where Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 5 of 14 Exhibit EIR-B Mitigation Measure such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied least Bell's vireo habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration), with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise would not exceed 60 dBA Uq at the edge of occupied least Bell's vireo habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 16). Bio-1j If least Bell's vireos are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified Biologist shall provide evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 15 and September 15 as follows: • If this evidence indicates the potential is high for least Bell's vireo to be present based on historical records or site conditions, then condition 1i shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Monitoring Type Pre- Construction/ Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Verified Inriplemeritation - -" •' . Remarks Implementation of mitigation measures Bio-1k through Bio-1m shall be required for DMP components that would result in indirect impacts to the southwestern willow flycatcher, within 1 50 m (500 ft) of the proposed project footprint, from construction-generated noise and would reduce impacts to below a level of significance: Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 6 of 14 Exhibit EIR-B Mitigation Measure Monjtpring^Monitoring Department Shown on Plans v Verified Implementation Remarks Bio-1 k Prior to the first preconstruction meeting for each phase of the project component, the City shall verity that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within occupied southwestern willow flycatcher habitat between May 1 and September 1 (southwestern willow flycatcher breeding season). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied southwestern willow flycatcher habitat shall occur between May 1 and September 1 until the requirements in Bio-11 and Bio-1 m have been met to the satisfaction of the City. Pre- Construction City of Carlsbad, Engineering - Public Works; Planning Bio-11 A qualified Biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of southwestern willow flycatcher. Southwestern willow flycatcher surveys shall be conducted a minimum of 6 weeks (within the breeding season) prior to commencement of construction. If southwestern willow flycatchers are present, then the following conditions must be met: • Between May 1 and September 1, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Uq at the edge of occupied southwestern willow flycatcher habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied southwestern willow flycatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 7 of 14 Exhibit EIR-B Mitigation Measure the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 2). Bio-1m If southwestern willow flycatchers are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Uq, the qualified Biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between May 1 and September 1 as follows: • If this evidence indicates the potential is high for southwestern willow flycatcher to be present based on historical records or site conditions, then measure Bio-11 shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Bio-1n To identify the presence/absence of sensitive and/or native fish species within potential aquatic habitat (e.g., freshwater species such as the tidewater goby), the following measures shall be implemented: Conduct a trapping/netting study; if sensitive native fish are detected, then (1) trapping and translocation of the sensitive fish shall occur, and/or (2) exclusionary trapping shall be placed to prevent sensitive fish species from entering the area of disturbance during in-stream activity. Bio-1o Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction of DMP Update components, as determined by the Wildlife Agencies. Bio-2a For DMP components that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the Local Coastal Program (LCP). Bio-2b Mitigation ratios shall be consistent with the provisions of the HMP and LCP. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the Monitoring Type Pre- Construction/ Construction Pre- Construction Pre- construction Pre- construction/ Post- Construction Pre- construction/ Post- Construction Monitoring IDeparthient City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Verified Implementation Remarks v Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 8 of 14 Exhibit EIR-B Mitigation Measure B USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For DMP Update components with unavoidable impacts, the City shall demonstrate that viable wetlands can either be 1) created at a minimum ration of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project, or 2) provide proof that wetland creation credits a minimum ratio of 1 :1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update components where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City) and the wetland mitigation plan by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area, as deemed appropriate by the Wildlife Agencies. Bio-3 As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to implementation of DMP Update components. Surveys shall be conducted at a time when sensitive plant species would be most observable. Bio-4 At the project design stage for the DMP Update components located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. Cult-1 The following mitigation measures will be required if a proposed PLDA or non-PLDA component is located in an undeveloped area that could potentially impact significant cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements - Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for Monitoring Type Pre- Construction Pre- Construction Pre- Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Shownon Plans> " Verified Implementation Remarks Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 9 of 14 Exhibit EIR-B Mitigation Measure Monitoring Type Monitoring JDepartment Shown on Plans Verified^ Implementation Remarks previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non-protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the South Coastal Information Center (SCIC) for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm- diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 10 of 14 Exhibit EIR-B Mitigation Measure Monitoring Type Monitoring Department -Shown on Plans Verified Implementation Remarks 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. Cult-2 Monitoring Requirements - Construction monitoring will be required for proposed PLDA or non-PLDA DMP components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. a) Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils one foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 11 of 14 Exhibit EIR-B Mitigation Measure a PI, shall divert, direct, or temporarily halt ground- disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the Planning Director of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. e) The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the Planning Director for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Monitoring Type 3 Monitoring ^Department Shown on Plans ;/>.;i,y*$$limplementation " Remarks L Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 12 of 14 Exhibit EIR-B Mitigation Measure Monitoring Type" Monitoring Department Shovynon Plans Verified Implementation Remarks Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. The following mitigation measures shall be implemented during construction of PLDA and non-PLDA project components proposed in geologic formations with a moderate to high sensitivity for paleontological resources, including Unnamed Marine Terrace Deposits, Unnamed River Terrace Deposits, Santiago Formation, Del Mar Formation, Point Loma Formation, Lusardi Formation, or Undifferentiated Santiago Peak Volcanics. Determination of the underlying geologic formations shall be determined during project design through existing mapping, project-specific geotechnical investigations, or other appropriate testing methods. Implementation of these measures will reduce impacts to paleontological resources to below a level of significance. Paleo-1 A monitoring program shall be prepared and implemented if excavation into intact geologic formations with moderate to high sensitivity is proposed. Components of such a monitoring program shall include, but not be limited to, the following: a) A qualified paleontological monitor shall be present at a pregrading meeting with the construction contractor and Planning Director (PD). The purpose of the meeting will be to consult and coordinate the role of the paleontologist during construction. The paleontological monitor shall have adequate knowledge and experience with fossilized remains likely to be present to identify them in the field. The paleontological monitor shall be adequately experienced to remove paleontological resources for further study. b) The paleontological monitor shall be present during the applicable stages of grading and construction (including trenching), as determined at the pregrading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. Construction activities in the area of discovery shall resume upon notification by the paleontologist that fossil remains have been recovered. The City shall ensure the contractor is aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance that it might warrant a long-term salvage Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 13 of 14 Exhibit EIR-B i v Mitigation Measure operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City shall ensure the grading contractor is aware of this provision. Conflicts regarding the role and authority of the monitor shall be resolved by the PD or his/her designee. c) Collected fossils shall be cleaned and/or prepared to a point of identification, and then curated to museum standards (cataloging of locality and specimen data, numbering, identification, labeling) before being deposited in an appropriate public facility (or facilities) that can provide permanent archival storage (so that specimens are available for future scientific study). A report detailing the mitigation and any discoveries shall be prepared and submitted to the City within 3 months following termination of the paleontological monitoring program, even if negative. The report shall include necessary maps, graphics, and fossil lists to adequately document the paleontological monitoring program. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks % Project Level Mitigation Measures - Agua Hedionda and Calavera Creeks Dredging and Improvements Project Bio-5 Mitigation measures listed for Bio-1a and Bio-2a and 2b shall be implemented as applicable to address project-specific vegetation impacts within Agua Hedionda and Calavera creeks. Bio-6 The project shall mitigate impacts to wetland and riparian habitat through on-site restoration and/or wetland and riparian habitat creation/restoration/enhancement at a ratio to be determined in coordination with the applicable resources agencies at the time of permitting, consistent with LCP and HMP policies and provisions, as applicable. If adequate acreage to satisfy mitigation is not available on-site and/or at the Lake Calavera Mitigation Bank, then alternative mitigation credits may be purchased from the North County Mitigation Bank, or other alternative sites deemed acceptable by the resource agencies. Bio-7a If dredging and improvement activities cannot be conducted outside the breeding season for sensitive wildlife species, then prior to commencement of construction activities, a preconstruction survey shall be conducted by a qualified biologist to determine presence/absence of nesting birds. If nesting birds are detected on-site, vegetation removal shall be Pre- construction/ Post- Construction Pre- construction/ Post- Construction Pre- Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning • Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Page 14 of 14 Exhibit EIR-B •. . .. --•••Mitigation Measure delayed until the chicks have fledged or the nest has failed. Bio-7b To address potential impacts to the light-footed clapper rail, a qualified biologist shall survey the area and surrounding 500- foot buffer area for light-footed clapper rails prior to implementation of dredging activities. There is no need to survey the area upstream of El Camino Real since this area is void of suitable clapper rail habitat (freshwater marsh). If clapper rails are detected in the project area, they should be flushed, prior to the onset of any vegetation removal. Bio-7c For potential indirect impacts to least Bell's vireo, mitigation measures Bio 1-h through Bio 1-j shall be implemented, as applicable. Bio-7d For potential indirect impacts to southwestern willow flycatcher, implementation mitigation measures Bio 1-k through Bio 1-m shall be implemented, as applicable. Bio-7e To discourage sensitive species from entering active construction areas between El Camino Real and Cannon Road bridges, a physical barrier (construction fence) shall be installed on the downstream side of Cannon Road before dredging or vegetation removal commences. The barrier would be removed once the construction activity has ceased on the south side of El Camino Real. Monitoring Type Pre- Construction Pre- Construction/ Construction Pre- Construction/ Construction Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Verified ; Implementation Remarks Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Exhibit "EIR-C" to Planning Commission Resolution 6376 January 16, 2008 Recommended Text Changes to Final Environmental Impact Report EIR 04-02 (Bold, italicized, and underlined words indicate text to be added and strikethrough words indicate text to be deleted) 3.4 PROJECT LEVEL PROJECT DESCRIPTION In addition to the program level analysis of project components that are currently at a preliminary stage of design, some components identified with the DMP Update are at a point in the design process that enables a project level analysis. The City has identified and initiated design of two DMP Update components, B and BN, also collectively known as the Agua Hedionda and Calavera Creeks Dredging and Improvements Project. These components are evaluated at a project level in this document. The City proposes to conduct drainage infrastructure modifications and improvements along Agua Hedionda and Calavera creeks to provide enhanced flood protection for the residential community of Rancho Carlsbad, an existing residential mobile home community located east of El Camino Real and south of Cannon Road, in the northeastern section of Carlsbad. Over 50 percent of the homes in Rancho Carlsbad are located within the existing limits of the 100-year floodplain and could be subject to flood damage during a major storm event. Within the DMP Update, the Agua Hedionda Creek project components are included as Project B, and the Calavera Creek project components are included as Project BN. Projects B and BN are farther along in the design process, and therefore a sufficient level of detail is available to evaluate these projects at a project level within this EIR. Projects B and BN have both PLDA and non-PLDA elements, as shown in Tables 3-3 and 3-4, respectively, and described in more detail below. Together, Projects B and BN would reduce flooding in the Rancho Carlsbad residential community by improving the capacity of Agua Hedionda and Calavera creeks, within Rancho Carlsbad, to contain a 100-year flood event (all but approximately a maximum of nine lots would be alleviated from inundation during a 100-year flood event). 3.4.2 Project Background The improvements to Agua Hedionda and Calavera creeks are an integral part of the DMP Update and are essential components of the flood control and protection measures outlined for the city. Based on visual inspections and preliminary engineering, the overall channel conveyance capacity of Agua Hedionda Creek has been reduced through the deposition of 4 to 6 feet of sediment accumulated over the 36 years since the original construction of the channel, creating a backwater effect within the Calavera Creek conveyance. This reduces the conveyance capacity of Calavera Creek. Localized scour along Calavera Creek banks has threatened to undermine residential foundations during heavy storm events. Several homeowners have installed revetment walls (constructed of treated lumber and steel "I-beams") and/or rock slope protection to protect their homes from damage during heavy storm events. Approximately maximum of nine units would Exhibit "EIR-C" to Planning Commission Resolution 6376 January 16, 2008 partially remain subject to inundation during a 100-year flood event following implementation of the proposed DMP Update. The All nine units that would partially remain in the 100-year floodplain under the proposed scenario are on elevated foundations that would raise their first-floor elevation above the 100-year floodplain level. Long-term maintenance of both creeks is also proposed to maintain flood protection levels in Rancho Carlsbad. 7.1.2 Project Level Following the 1996 amendment to the MDSQMP to include Agua Hedionda Creek as a PLDA project (see Section 3.1.1), the City contracted Rick Engineering Company to conduct a study to evaluate various design alternatives to achieve 100-year flood capacity in Agua Hedionda and Calavera creeks (Rick Engineering Company 2004). The design alternatives considered various combinations of the following actions: improvements to Calavera Dam and the existing BJB Basin, construction of new detention basins (referred to as Melrose, Faraday, and BJ in the Rick Engineering Company report), and channel improvements and dredging within Agua Hedionda Creek. Dredging and maintenance within Calavera Creek were not considered as part of these alternatives. These alternatives were ultimately rejected, however, because they did not provide 100-year flood protection for as many lots as feasible (compared to the proposed DMP Update components, which would alleviate all but approximately nine lots from inundation during a 100-year flood event). Appendix F - Response to Comments L3-49 The City does not intend to acquire any lots with private residents for habitat preservation purposes. The primary objective of the dredging and improvements to Agua Hedionda and Calavera creeks is to provide 100-year flood protection to the maximum number of lots as feasible and practicable. In this case, all but approximately 9 lots would receive protection from a 100-year flood event.