Loading...
HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64741 PLANNING COMMISSION RESOLUTION NO. 6474 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING - PROGRAM TO ALLOW FOR THE SUBDIVISION, GRADING AND DEVELOPMENT OF A 1.08-ACRE SITE INTO TWO (2) 6 RESIDENTIAL PARCELS, ONE (1) COMMON AREA PARCEL, AND ONE (1) OPEN SPACE PARCEL; AND THE 7 CONSTRUCTION OF TWO SINGLE-FAMILY RESIDENCES ON PROPERTY GENERALLY LOCATED ON THE SOUTH 8 SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF 9 THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA 10 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION CASE NO.: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/ 13 MS 05-29 14 WHEREAS, Planning Systems, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 16 David Graham, "Owner," described as 17 The southeasterly 127.0 feet measured at right angles of Lot 5 18 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 20 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 21 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 23 ("the Property"); and 24 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 25 Reporting Program was prepared in conjunction with said project; and 0 f\WHEREAS, the Planning Commission did on October 1, 2008, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 2 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 3 Program. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 10 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 11 hereof, based on the following findings: Findings; 13 1. The Planning Commission of the City of Carlsbad does hereby find: 14 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration 15 and Mitigation Monitoring and Reporting Program for the ADAMS ., STREET SUBDIVISION - GPA 06-08, ZC 06-07, LCPA 06-08, PUD 05-19, HDP 05-12, V 07-03, HMP 07-04, and MS 05-29, the environmental impacts 17 therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 18 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 20 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 21 c. it reflects the independent judgment of the Planning Commission of the City of 22 Carlsbad; and 23 d. based on the EIA Part II and comments thereon, there is no substantial evidence 24 the project will have a significant effect on the environment. 25 Conditions; 2" 1. Developer shall implement, or cause the implementation of, the ADAMS STREET 2? SUBDIVISION - GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07- 03/HMP 07-04/MS 05-29 Project Mitigation Monitoring and Reporting Program. 28 PC RESO NO. 6474 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton ABSENT: Commissioners Douglas and Montgomery ABSTAIN: "RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6474 -3- City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Adams Street Subdivision GPA 06-08/ZC 06-Q7/LCPA 06-08/PUD 05-19/HDP 05-12/V 07- 03/HMP Q7-04/MS 05-29 The project is located on the northern shore of Agua Hedionda~ ' "~ _j._ - Lagoon and on the south side of Adams Street between Highland Drive and Park Drive. PROJECT DESCRIPTION: The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Planned Development Permit (PUD), Hillside Development Permit (HDP), Variance (V), Habitat Management Plan Permit (HMP), and Minor Subdivision Map (MS) to allow for the subdivision and development of a 1.08 acre parcel (206-200-01) located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. The parcel will be subdivided into four (4) separate lots. Lot 1 is approximately 0.16 acres in size and will contain a two-story custom home. Lot 2 is approximately 0.22 acres in size and will also contain a two-story custom home. Lot 3 is approximately 0.60 acres in size and will remain in open space. Lot 4 is approximately 0.10 acres in size and will be developed as a common area lot (driveway and parking area) for the two proposed residences. A pedestrian trail is proposed along the lagoon edge in accordance with the Agua Hedionda Lagoon Segment of the Local Coastal Program. The existing parcel is zoned R-l-15,000 (One-Family Residential with 15,000 square foot minimum lot size). The current General Plan Land Use designation is RLM (Residential Low- Medium Density, 0-4 du/ac). No change is proposed to either Zoning or the General Plan for the areas within Lots 1, 2, and 4. However, for Lot 3 a Zone Change, General Plan Amendment, and Local Coastal Program Amendment is proposed to change from R-l5,000 to Open Space (OS) and RLM to OS respectively. A public pedestrian trail (8-ft. wide) will be installed along the southern edge of the property in accordance with the Agua Hedionda Segment of the Local Coastal Program. The parcel is currently undeveloped and contains both coastal California Gnatcatcher occupied Coastal Sage Scrub and Non-native Grassland vegetation. The areas chosen for development have been clustered on the least environmentally sensitive portion of the site. The site is located within Local Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the City of Carlsbad. Surrounding properties include single-family development to the north and east, Agua Hedionda Lagoon to the south and vacant properties to the west. The site is topographically sloping down from Adams Street along the north frontage, to the south property line which is along the north shore of Agua Hedionda Lagoon. Slopes range from 1635 Faraday Avenue « Carlsbad, CA 92008-7314 • (760) 602-4600 » FAX (760) 602-8559 • www.ci.carisbad.ca.us mild (5%) to steep (in excess of 40%). The steepest portions of the site are closest to the Agua Hedionda Lagoon, which contains coastal sage scrub vegetation. Because the property is located within the Agua Hedionda Segment of the Local Coastal Program of the California Coastal Zone, the California Coastal Commission (CCC) is the agency charged with issuance of a Coastal Development Permit for this project. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD February 26. 2008 through March 27. 2008 PUBLISH DATE February 26, 2008 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-197 HDP 05-12/V 07-03//HMP 07-04/MS 05-29 DATE: February 11.2008 BACKGROUND 1. CASE NAME: Adams Street Subdivision 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad * 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff- (760) 602-4643 4. PROJECT LOCATION: The project is located on the northern shore of Agua Hedionda Lagoon and on the south side of Adams Street between Highland Drive and Park Drive. 5. PROJECT SPONSOR'S NAME AND ADDRESS: Planning Systems. 1530 Faraday Ave #100. Carlsbad. CA 92008 6. GENERAL PLAN DESIGNATION: RLM (Residential Low-Medium Density. 0-4 du/ac) 7. ZONING: One Family Residential (R-l) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission ; 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Planned Development Permit (PUD), Hillside Development Permit (HDP), Variance (V), Habitat Management Plan Permit (HMP), and Minor Subdivision Map (MS) to allow for the subdivision and development of a 1.08 acre parcel (206- 200-01) located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. The parcel will be subdivided into four (4) separate lots. Lot 1 is approximately 0.16 acres in size and will contain a two-story custom home. Lot 2 is approximately 0.22 acres in size and will also contain a two-story custom home. Lot 3 is approximately 0.60 acres in size and will remain in open space. Lot 4 is approximately 0.10 acres in size and will be developed as a common area lot (driveway and parking area) for the two proposed residences. A pedestrian trail is proposed along the lagoon edge in accordance with the Agua Hedionda Lagoon Segment of the Local Coastal Program. The existing parcel is zoned R-l-15,000 (One-Family Residential with 15,000 square foot minimum lot size). The current General Plan Land Use designation is RLM (Residential Low- Medium Density, 0-4 du/ac). No change is proposed to either Zoning or the General Plan for the areas within Lots 1, 2, and 4. However, for Lot 3 a Zone Change, General Plan Amendment, and Local Coastal Program Amendment is proposed to change from R-l 5,000 to Open Space (OS) and RLM to OS respectively. A public pedestrian trail (8-ft. wide) will be installed along the GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision southern edge of the property in accordance with the Agua Hedionda Segment of the Local Coastal Program. The parcel is currently undeveloped and contains both coastal California Gnatcatcher occupied Coastal Sage Scrub and Non-native Grassland vegetation. The areas chosen for development have been clustered on the least environmentally sensitive portion of the site. The site is located within Local. Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the City of Carlsbad. Surrounding properties include single-family development to the north and east, Agua Hedionda Lagoon to the south and vacant properties to the west. The site is topographically sloping down from Adams Street along the north frontage, to the south property line which is along the north shore of Agua Hedionda Lagoon. Sldpes range from mild (5%) to steep (in excess of 40%). The steepest portions of the site are closest to the Agua Hedionda Lagoon, which contains coastal sage scrub vegetation. Because the property is located within the Agua Hedionda Segment of the Local Coastal Program of the California Coastal Zone, the California Coastal Commission (CCC) is the agency charged with issuance of a Coastal Development Permit for this project. Rev. 01/02/07 GPA 06-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality /\ Biological Resources Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources I | Mandatory Findings of Significance Noise Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained wnen there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. * Rev. 01/02/07 GPA 06-oS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X a) Less Than Significant Impact. The subject site is located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. Lagoon and ocean views are available from the project site, and likewise, the site is visible from across the lagoon on the south side and from the Interstate 5 freeway. The project will be visible primarily from pedestrians and motorists traveling on Adams Street and from persons viewing the site from across the lagoon. Views from the north along Adams Street will be protected by limiting the building heights within the development. No building heights will be greater than the grade of the surface of Adams Street, which is consistent with the heights of other buildings constructed within the same area. The proposed project will not significantly impact the viewshed from either the surrounding housing, from Adams Street or from across the lagoon. Temporary impacts associated with construction of the project will not be significant. The project will not have a substantially adverse impact on any scenic vistas. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located in or adjacent to the site. The area of proposed impact is not located within the viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for listing as a scenic highway. No impact is assessed. c) Less Than Significant Impact. The existing visual character of the site is that of an undeveloped parcel, surrounded by additional undeveloped parcels and single-family homes. Annual non-native grassland and coastal sage scrub vegetation habitats presently occur onsite. Permanent visual impacts of the proposed project will involve the construction of two houses. Temporary impacts associated with construction will be short-term and not significant. Over half of the proposed project site will remain in open space. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. Please also refer to response I(a), above. d) Less Than Significant Impact. The subject site contains no lights and produces no glare at the present time. However, the proposed project will change the appearance of the subject site from an undeveloped parcel to a developed site with two new single-family homes. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar uses within the surrounding area. The proposed development modifications will involve an increase in urban appearance, but will not be dissimilar from the existing uses along Adams Street. This increase should not result in significant new sources of light and glare, and will not significantly impact overall views to and from the site. Rev. 01/02/07 c ( GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n n a-c) No Impact. The property does not contain prime farmland, unique farmland or farmland of statewide importance. The site has not been historically or currently used for farmland. The proposed project is consistent with the Residential Low-Medium Density (RLM) General Plan Land Use designation, which anticipates and allows for single-family residential development. The subject site is zoned for single-family residential land uses and is not encumbered by any Williamson Act contracts. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the steep slopes of the property, surrounding residential development, and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. No impact assessed. Rev. 01/02/07 r GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (Os) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA.06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. No Impact is assessed. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No Impact. Jefferson Elementary is located approximately 3/4 of a mile to the northwest, and Kelly Elementary is located approximately % of a mile to the east. As noted above, the proposed single-family residential development would not result in substantial pollutant emissions or concentrations. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. No impact is assessed. 10 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, b, & 1) Potentially Significant Unless Mitigation. The project site is located along the north shore of the Agua Hedionda Lagoon and is identified in the City of Carlsbad's Habitat Management Plan (HMP) as developable. The surrounding environment includes Adams Street and single-family development to the north, Agua Hedionda Lagoon to the south, an existing single-family home to the east, and a vacant parcel to the west. The HMP identifies Agua Hedionda Lagoon as an Existing Hardline Preserve Area, the adjacent vacant parcel to the west as a Standards Area, and the subject property as a Development Area. The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including a no net loss of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to lagoons. The HMP requires additional conservation standards to be applied to properties within the Coastal Zone. The HMP requires a 100-foot buffer from wetlands, and also a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved habitats and development. The HMP requires preservation of 67% the Coastal Sage Scrub (CSS) onsite, with a "no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio 11 Rev. 01/02/07 GPA 06-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision with a minimum 1:1 creation component that achieves the "no net loss" standard. Onsite preservation is not eligible for mitigation credit in the coastal zone. A Preliminary Biological Assessment was prepared by Planning Systems on May 9, 2007. According to the report, the site contains four vegetative communities: Coastal Sage Scrub (CSS), Non-native Grassland (NNG), wetland (Open Water/Rocky Beach), and Disturbed. The proposed project, including the development of a pedestrian/bicycle trail per the Agua Hedionda Lagoon Segment of the Local Coastal Program, will result in impacts to CSS, NNG and disturbed habitat areas as illustrated in the table below. No impacts will occur to the wetland habitat located along the terrestrial margins of the lagoon. The subject site is identified as Developable Area in the HMP; however mitigation is required for impacts to sensitive habitats. Table 11 (Pg. D-113) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP allows impacts to NNG and disturbed habitat areas to be mitigated through the payment of an in-lieu mitigation fee. -fk. The following tables summarize impacts to vegetation types and identify proposed mitigation as presented in Planning System's biological assessment: VEGETATION IMPACTS HABITAT Group A - Wetland (Open Water/Rocky Beach) Group C - Gnatcatcher Occupied Coastal Sage Scrub Group E - Annual (Non-Native) Grasslands Group F - Disturbed Lands Totals ACRE(S) 0.01 0.84 0.28 0.02 1.15* IMPACTS 0.00 0.27 0.25 0.02 0.53 Total project acreage = Lot + R.O.W. + Off-site Road Improvements (1.08 + 0.06 + 0.01 = 1.15 acres) PROPOSED MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Wetland (Open Water/Rocky Beach) Occupied Coastal Sage Scrub** Annual (Non-Native) Grassland*** Disturbed Totals EXISTING ACREAGE 0.01 0.84 0.28 0.02 1.15 IMPACTED ACREAGE 0.00 0.27 (33%) .0.25 0.02 0.53 MITIGATION RATIO - 2:1 In-lieu fee for Habitat Group E In-lieu fee for Habitat Group F MITIGATION REQUIREMENT No Impact 0.57 acres (67%) will be preserved onsite as Open Space (Lot 3) 0.54 acres of offsite CSS creation or acquisition/preservation within the Coastal Zone is required. • In-lieu fee In-lieu fee ** Coastal Sage Scrub is assumed to be occupied. See discussion below. *** Any remaining NNG (0.03 acres) will be revegetated with a higher value habitat type such as CSS. Sensitive Plant Species According to the preliminary biological assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. A listing of the sensitive plant species with a "potential to occur" on the property was prepared. The Del Mar Mesa Sand Aster (Corethrogyne filaginifolia var. linifolid) is the only species listed in the report as having a high potential 12 Rev. 01/02/07 GPA OfcHiS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision for occurrence onsite. The site was intensively searched and determined not to be present. The majority of other sensitive plant species listed in the report are identified as having a low potential to occur onsite. In addition to the USFWS, CDFG, and HMP listed sensitive plant species, two species listed on the California Native Plant Society Inventory of Rare and Endangered Plants were observed onsite outside of the area proposed for development in close proximity to the lagoon edge. These two plants are Spineshrub (Adophia californicd), colonizing the slopes just above the flat bench near the lagoon edge, and Southwestern spiny rush (Juncas acutus ssp. Leopoldii), occurring on the bench just above the lagoon water surface. These plant species are located in an area outside of development, which as part of this project is being preserved in Open Space. Sensitive Wildlife Species According to the preliminary biological assessment, no species listed as threatened or endangered by the state and federal resource agencies were observed or are expected to exist onsite, other then the federally-listed threatened California gnatcatcher (CAGN). A focused survey for the CAGN was prepared by Lincer & Associates dated November 22, 2006. Three surveys of the site were conducted in accordance with the USFWS guidelines. During one of three surveys (October 20, 2006), three CAGN were observed on the site, and also on the adjacent vacant site to the west. The CAGN were observed briefly foraging in the middle of the subject site and along the lagoon shoreline. According to the report, the fact that the birds were only observed once during three visits to the site, and given the quality of the adjacent habitat, suggests that the CAGN are spending a substantial amount of time off of the subject parcel and on the adjacent undeveloped lots that still support CSS. Impacts to CAGN will be mitigated by: 1) clustering development on the least environmentally sensitive portion of the site; 2) preservation of up to 67% (0.57 acres) of the CSS onsite; 3) creation, acquisition/preservation of up to 0.54 acres of CSS offsite, but within the Coastal Zone; 4) managing the preserve areas to minimize edge effects, control predators, and restrict human disturbance; 5) eliminate any requirements of fire management in the preserve area by utilizing fire rated construction for homes; and 6) where opportunities arise, restore any remaining NNG areas within the project area with CSS. A preserve management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding, mitigation measures are proposed that would prohibit clearing, grubbing, grading or other construction activities in the CSS from February 15 to August 31, the breeding season of the CAGN. Additionally, from February 15 to August 31, no construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. Sensitive Wetland habitat The preliminary biological assessment identifies approximately 0.01 acres of open water/rocky beach area on the subject site along the terrestrial margins of the Agua Hedionda Lagoon, which support wetland habitats. To identify potential "waters of the United States" and jurisdictional wetlands subject to regulation by the United States Army Corps of Engineers (USAGE), CDFG, the Regional Water Quality Control Board (RWQCB) and the California Coastal Commission (CCC), the report references a wetland delineation study that was prepared by Dudek & Associates in 1998 and 2001 for the North Agua Hedionda Interceptor Western Segment Sewer Maintenance Project. This jurisdictional wetlands delineation included the southern edge of the subject property. According to the wetland delineation study, the wetland boundary follows the 5 foot above mean sea level (MSL) contour along the southern edge of the subject property. A survey of the property above the 5 foot contour resulted in no observation of the standard wetland indicators (hydric soils, wetland hydrology, or wetland plants). No incised channels that would constitute non-wetland jurisdictional areas were observed. Based on these observations, it is determined that all jurisdictional and non-jurisdictional wetland areas are confined to the area below the 5 foot contour onsite. The HMP Zone 1 conservation goals require a no net loss of wetland habitat. To mitigate any potential impact to the wetland area, the project has been designed in accordance with the HMP to provide a 100 foot buffer between the wetland habitat area and project development. Since the project does not encroach into any of this area, combined with the requirement of a 100 foot wetland buffer, there are no project related impacts to wetlands. 13 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Indirect Impacts The project site is located adjacent to the Agua Hedionda Lagoon, which is an existing HMP Hardline Preserve area. In order to minimize edge effects, the following adjacency standards have been incorporated into the project as mitigation to reduce indirect impacts to a level considered less than significant: 1. Fire Management: Fire Management between habitable structures and natural habitats must accomplish two objectives: (1) protection of the biological resource, and (2) a satisfactory level of protection for humans and property. The project addresses and complies with this standard by enacting multiple fire management techniques as determined in consultation with the Carlsbad Fire Department. The brush management zones have been eliminated in acknowledgement of the extensive use of fire retardant building materials and design, per Carlsbad Fire Department requirements. The following will serve to achieve fire management objectives that will be equivalent to a 60 foot wide fire suppression zone: a) No exposed wood throughout the project, including gates, fences, decks, etc. b) Interior fire sprinklers in both residences. c) Class A roof with no vents on the westerly side of either home. d) Parking areas and driveways are sited to allow for adequate fire department access. e) Elimination of the brush management zones allows for maximum preservation of the biological resources. 2. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes and ensure that fire control leaves (or replaces) adequate vegetative cover to prevent surface erosion. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. 3. Landscaping Restrictions: In response to the biological objectives of preserve areas, the project developer will restrict the use of landscape materials in the following ways: a) No invasive, exotic plant species as per the California Invasive Plant Council (Cal-Ipc) will be used in any landscaping areas within the project site. b) Runoff from the landscaped areas within the project site will not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. c) Genetic contamination will be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants will be used. 4. Fencing. Signs and Lighting: Use of fencing, signs, and lighting can assist in protecting sensitive biological resources, and also educate the public as to appropriate use and enjoyment of natural resources. The project will utilize these tools in the following ways: a) Preserve areas will be properly fenced to prevent direct human access from Lots 1, 2, and 4, yet still allow sensitive species to migrate within the entire preserve system. b) All preserve areas will be properly labeled with signs to identify the preserve area. Signs will be limited enough to prevent disturbance to sensitive species. c) Project lighting will remain sensitive to nearby preserve areas. Spillover of light will be limited by shielding light from the buildings to prevent disturbance to sensitive species. 5. Predator and Exotic Species Control: The project includes two single-family homes. A very small introduction of domestic pets is expected to occur within the project area. The homeowners will be made aware of the dangers of letting domestic pets encroach into the preserve area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the existing HMP Preserve. The use of invasive exotic plant species as listed in the HMP will be avoided. c) Less Than Significant Impact. Please see the discussion above under Sensitive Wetland Habitats. 14 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-F2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision d) Less than Significant Impact. Construction of the proposed project is not expected to significantly impede local wildlife movement or migratory fish or wildlife movement because the subject area has not been identified by the HMP as a connectivity link or Core Area to be preserved. Although the site is adjacent to the Agua Hedionda Lagoon wildlife corridor, it is not identified by the HMP as an existing or proposed Hardline Preserve Area. The southerly portion of the property that is adjacent to the Agua Hedionda Lagoon habitat corridor will remain in natural open space with the exception of a required public trail, which should not result in a significant impact to this corridor. With the approval of this project, the HMP Hardline boundary will be modified to include this property (Open Space Lot 3) e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described above. No trees exist on the subject site, therefore no impact is assessed. 15 Rev. 01/02/07 GPA Oo-<;8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-.Z/V 07-03/HMP 07-04/MS 05-29 Adams-Street Subdivision V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, b & d) Potentially Significant Unless Mitigation Incorporated. A Phase I Archaeological Assessment was prepared for the site by Brian F. Smith and Associates on November 9, 2006. The assessment program was conducted in accordance with CEQA to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. Record searches of both the Native American Heritage Commission (NAHC), and also the-South Coastal Information Center (SCIC) at San Diego State University were conducted. Records searches of the SCIC revealed 25 previously recorded archeological sites and one'isolated artifact located within a one-mile radius of the project area. The majority of the sites represent prehistoric resource processing and maintenance sites for marine and lithic resources. However, several of the sites were described as camp or habitation sites, which included fire-cracked rock and groundstone implements. According to the report, the project site is located in its entirety within the southern portion of Site SDI-13,701. Within the project site, SDI-13,701 is characterized by surface scatter of marine shell, a major food source for prehistoric inhabitants of the area. A field survey of the site was conducted, and the evidence gathered from the testing program indicates that the project area, which is a small component of SDI-13,701, does not represent a significant subsurface deposit. The survey resulted in the determination that no additional cultural resources are located within the project area. Due to the disturbed and sloping condition of the property and narrow breadth of material recovery, the portion of SDI-13,701 located within the current project area is considered as lacking research potential, and is not considered to be significant according to CEQA. While the proposed project will affect SDI-13,701, its impacts are not considered to be significantly adverse. A request was also made to the NAHC for a search of the Sacred Land Files to determine if the proposed project would affect any known Native American cultural resources. The NAHC indicated the presence of Native American cultural resources in the immediate project area that may be impacted by the project, and requested that Mark Mojado of the San Luis Rey Band of Mission Indians be contacted. As suggested, a request for information regarding Native American cultural resources on or near the proposed project site was sent directly to each of the following individuals on September 15, 2006: Mark Mojado, Carmen Mojado, Russell Romo, and Henry Contreras of the San Luis Rey Band of Mission Indians; Robert Smith of the Pala Band of Mission Indians; Shasta Gaughen at the Cupa Cultural Center (Pala Band), and Bennae Calac, Cultural Resource Coordinator for the Pauma & Yuima. The only correspondence that was received back was from Ms. Gaughen dated September 19, 2006, indicating no impacts to the Pala Band of Mission Indians. No other correspondence was received from Mark Mojado or other members of the San Luis Rey Band of Mission Indians. However, as part of compliance with SB-18, the California 16 Rev. 01/02/07 GPA Ob-v/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Indian Legal Services, who represents the San Luis Rey Band of Mission Indians, did respond in a letter dated January 15, 2008 requesting that a formal pre-excavation agreement be made a mandatory requirement prior to issuance of any grading permits to formalize the treatment of any human remains and cultural items that could be found on the site, and to request that tribal monitors be required onsite in addition to the archaeological monitors during all grading and ground disturbing activities. To mitigate possible impacts to any unforeseen cultural resources, it is required that archaeological monitoring by a qualified archaeologist occur during all ground disturbing activities in order to ensure that any unknown resources are not lost. In the event that any cultural resources, concentrations of artifacts, or culturally modified soil deposits are discovered within the project at any time during construction, it is required that all work be halted and the discovery be evaluated by a qualified archeologist. If any deposits are evaluated and determined to be significant, further mitigation measures may be required. Implementation of the mitigation measures recommended in the Phase I Archeological Assessment and a pre-excavation agreement with the San Luis Rey Band df Mission Indians will reduce project associated impacts to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. A Paleontological Resource & Monitoring Assessment was prepared for the site by Brian F. Smith and Associates on September 13, 2006. According to the report, the basement rocks in the area of the site are mapped as the middle Eocene (~ 38 to 48 million year old) Santiago Formation, which is known to contain a variety of lithologies, including ones derived from marine, estuarine, and terrestrial environments. Paleontological collections and records of the Department of Paleontology at San Diego Natural History Museum in San Diego were reviewed to determine if any previously recorded fossil localities exist within the project boundaries. It was determined that no previously recorded fossil localities exist within the project boundaries; however numerous fossil localities have been discovered within a mile distance of the site, all of which were discovered within the Santiago Formation. Because of the "high paleontological resource sensitivity" of the middle Eocene Santiago Formation and of the Pleistocene marine terrace sediments, the report recommends full-time paleontological monitoring of the mass grading and excavation activities by a qualified paleontologist. A mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during the grading operation, with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. Areas left in a natural state will further mitigate impacts to the paleontological resources. 17 Rev. 01/02/07 GPA Oo-^S/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-,z/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) 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? d) Be located on expansive soils, as defined in Table 18 - IrB of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. No impact assessed. a.ii.-a.iii. & c) Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Evaluation of the site was prepared by GeoSoils, Inc. on September 28, 2006 (W.O. 5241-A-SC). The reports identified the site as having a relatively low risk of exposure to seismic hazards and a very low risk of liquefaction; Earth materials encountered onsite consist predominately of undocumented artificial fill and colluvium/topsoil underlain by Tertiary-age Santiago Formation. In areas proposed 18 Rev. 01/02/07 GPA Ofc-v/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-u/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision for settlement-sensitive improvements, removal of undocumented artificial fill, colluvium, and the upper 1 to 2 feet of weathered formational materials will be necessary prior to fill placement. By following the recommendations contained within the referenced reports, the site is suitable for the proposed project, and will not expose people or structures to geotechnical related hazards. a.iv.) No Impact. According to the Preliminary Geotechnical Evaluation, no adverse geologic structures (i.e. active faults, fractures, significant landslides, etc.) that would preclude project, feasibility were encountered on the site. b) Less Than Significant Impact. The subject property is an undeveloped parcel. During the finish grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. Such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary sl'dpe cover such as jute matting or mulch will be applied to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. d) Less Than Significant Impact. The Preliminary Geotechnical Evaluation indicates that existing artificial fill and colluvium/topsoil materials will require removal and re-compaction in accordance with the recommendations of the reports. Onsite soils are considered to be very low to medium in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be feasible from a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. Standard conditions of approval require implementation of the recommendations included in the Geotechnical Report. Therefore, impacts are considered to be less than significant. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. No impact assessed. 19 Rev. 01/02/07 GPA Ob-o8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n Kl [X] a-b) Less Than Significant Impact. The project consists of grading operation and construction activity for the development of two single-family homes. During the construction phase of the proposed project, construction equipment and materials that are typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. The site currently displays no evidence of chemical surface 20 Rev. 01/02/07 GPA Ob-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision staining, or hazardous materials/waste and/or petroleum contamination. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. c) No Impact. The nearest schools to the site are Jefferson Elementary, located approximately 3/4 of a mile to the northwest, and Kelly Elementary, located approximately % of a mile to the east. Because the site is not located within one-quarter mile of an existing or proposed school, no significant impact is anticipated. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials, and has no known previous use history that would involve the use or storage of hazardous materials. No impact is assessed. e) No Impact. The subject site is located approximately 2 miles northwest of the McClellan-Palomar Airport runway. Because the site is located well outside of the McClellan-Palomar Airport Area of Influence, it is concluded that the site will not cause a safety hazard for people residing or working within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. g) No Impact. The proposed project involves development of an undeveloped parcel. The project is located directly adjacent to Adams Street. Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is assessed. h) Potentially Significant Unless Mitigation Incorporated. The proposed project site currently consists of an undeveloped parcel with urban development to the north and east. Adjacent to the proposed homes on the south and west sides of the site is an area of coastal sage scrub, which is to remain in open space as part of the project and may be susceptible to fire. An alternative Fire Suppression Plan for the project site has been included as part of the project, which eliminates the requirement of a typical 60 foot wide fire suppression zone. However, the project will enact multiple fire management techniques as determined in consultation with the Carlsbad Fire Department. The brush management zones have been eliminated in acknowledgement of the extensive use of fire retardant building materials and design, per Carlsbad Fire Department requirements. The following (i.e., no exposed wood throughout the project, including gates, fences, decks, etc., the requirement of interior fire sprinklers in both residences, a Class A roof with no vents on the westerly side of either home, and parking areas and driveways sited to allow for adequate fire department access) will further serve to achieve fire management objectives that will be equivalent to a 60 foot wide fire suppression zone. As a result of the proposed mitigation, the project is not anticipated to result in any significant additional exposure to wildfire risk. 21 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D 22 Rev. 01/02/07 GPA 06^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. The proposed project prior to the start of construction, will comply with all federal, state and local permits including the Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Mitigation Plan, and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and Storm Water Management plans to protect the downstream water quality of Agua Hedionda Lagoon. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines that are adjacent to the site. Ground water is projected to be more than 40 feet deep and therefore quality will not be impacted by the development. No impact assessed. c-e) Less Than Significant Impact. Grading of the site will be limited to approximately 0.33 acres of the 1.08-acre site, with over 70% of the site remaining as undeveloped open space. No streams or rivers are present on the site. Project grading is designed to match the historical drainage pattern of the site, with exception of grading for the footprint of the homes, driveway and yard areas. To the maximum extent practicable, patios, rooftop drains, rain gutters and other impervious surfaces will be routed through vegetated bio-swales, inlet filters, pervious pavers and infiltration trenches before entering the storm water conveyance system as indicated in the project's Preliminary Storm Water Management Plan (SWMP). by O'Day Consultants, dated December 10, 2007. Concrete patios will be constructed of pervious pavement in order to reduce flow from the site. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of Stormwater drainage systems. f) Less Than Significant Impact. Construction of the proposed project improvements will comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of 23 Rev. 01/02/07 • r • c GPA 06-oS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision an erosion control plan. The erosion control plan will employ grading construction BMP's which will reduce temporary impacts on water quality. In addition, a Preliminary Storm Water Management Plan (SWMP~) was prepared for the project by O'Day Consultants, dated December 10, 2007. Through implementation of the recommended site design and source control BMP's, post construction impacts to water quality will be mitigated. Therefore, the project will not result in permanent or long term degradation of water quality and impacts are considered to be less than significant. g-i) No Impact. The project site is located within a 100-year flood hazard area according to the Flood Insurance Rate Map. Map No. 06073C0764. June 19. 1997. However, the proposed project will not alter the grading or result in the placement of housing or structures within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps. September 1992. the project site is not located within any dam failure inundation area. No impact assessed. * j) Less Than Significant Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. and based on historical events, and the generally accepted and favorable geologic and seismic conditions along the San Diego County Coastline, potential for damage to the project site caused by tsunamis or seiche is considered to be low. k) Less Than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm water receptors to maximum extent practicable as indicated in the project's Preliminary Storm Water Management Plan (SWMP) prepared by O'Day Consultants, dated December 10, 2007. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading and construction BMPs for the project. 1-n) Less Than Significant Impact. The project site is located directly adjacent to the Agua Hedionda Lagoon. According to the 2002 Clean Water Act Section 303(d) list of impaired water bodies, Auga Hedionda Lagoon is listed as impaired by bacteria indicators and sedimentation/siltation. To address water quality of the project, BMP's will be implemented during construction and post construction phases to specifically address bacteria and sedimentation/siltation. In addition, other pollutants typically associated with detached residential and hillside development (i.e., nutrients from fertilizers, trash and debris, oxygen demanding substances, oil and grease from paved areas, and pesticides from landscaping) will be addressed through BMP's. To the maximum extent practicable, patios, rooftop drains, rain gutters and other impervious surfaces will be routed through vegetated bio- swales, inlet filters, pervious pavement and infiltration trenches, that will act as filtration systems to clean the storm water of any pollutants before entering the storm water conveyance systems as indicated in the project's Preliminary Storm Water Management Plan (SWMP). by O'Day Consultants, dated December 10, 2007. As such, the project will not result in an increase of pollutants into downstream waters, including the Agua Hedionda Lagoon, and no receiving water quality will be adversely affected through implementation of the proposed project. o) Less Than Significant Impact. The project will result in an increase in impervious surfaces (.31 acres) due to construction of two single-family homes and a driveway/guest parking area. Lot 1 proposes a single-family home with a building footprint consisting of approximately 1,755 sq. ft. Lot 2 proposes a single-family home with a building footprint of consisting of approximately 2,085 sq. ft. The driveway/guest parking area and rear yard patios total 9,857 sq. ft. of hardscape Pervious concrete will be used for the back yard patio areas to decrease runoff from the site. Less than 29% of the site will be covered by impervious surfaces. Given the small size of the project, the increase in impervious surface and associated runoff is considered to be less than significant. p) Less Than Significant Impact. A wetland buffer in excess of 100 ft. has been built into the design of the project between the edge of development and the outside boundaries of the wetland that is consistent with the requirements of the City of Carlsbad's Habitat Management Plan and the Local Coastal Program. The area of the 100 foot wetland buffer will be placed in open space to preclude any future development and/or disturbance of this area or to 24 . Rev. 01/02/07 I / GPA 06-C/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision the HMP Hardline Preserve. Construction and post construction BMP's will further eliminate impacts on aquatic and wetland habitats by filtering pollutants. Therefore, impacts are considered to be less than significant. q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. 25 Rev. 01/02/07 GPA 06-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact ' Impact D a-c) No Impact. The project involves construction of detached single-family dwellings, which are consistent with the surrounding land uses. The site does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The project is consistent with both the City of Carlsbad General Plan and the Local Coastal Program Land Use designations. The General Plan Land Use and Local Coastal Land Use designations are both identified as RLM (Residential Low- Medium Density). RLM anticipates single-family dwellings at 0 to 4 dwelling units per acre. The project is constructing at a density of 2.5 dwelling units per acre, which is within the RLM density range. The Habitat Management Plan (HMP) requires properties containing Coastal Sage Scrub (CSS) and located within the Coastal Zone to conserve a minimum 67% of the CSS onsite. Therefore, the project is proposing an amendment to the General Plan and Local Coastal Land Use designations from RLM to a combination RLM and Open Space (OS), and changing the Open Space & Conservation Element to reflect the open space. The OS designation would be applied to the open space lot (Lot 3) and the RLM designation would remain on the two residential lots (Lots 1 and 2) and the common area lot (Lot 4), which contains the main access driveway down to the site. The project does not conflict with any applicable plans or policies. 26 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact n Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. No impact assessed. 27 Rev. 01/02/07 GPA 06-v,d/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iwV 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A' substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D x X a, c, e & f) No Impact. The project consists of two single-family dwellings, which are consistent in use and intensity as the surrounding residential development. As such, the project would not result in sustained ambient noise levels which exceed the established standards. No impact assessed. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels. 28 Rev. 01/02/07 GPA 06-V.8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact a-c) No Impact. The project is two single-family dwelling units, which is consistent with the intensity of the surrounding land uses. The area surrounding the proposed development is designated for residential development and was analyzed in the City's Growth Management Plan accordingly. The density of the proposed development is consistent with the City of Carlsbad General Plan. No impact assessed. 29 Rev. 01/02/07 GPA 06-v/rf/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i. - a.v.) No Impact. The project's size of two single-family dwelling units is consistent with the General Plan and therefore will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 1. Therefore, no significant public service impacts will occur as a result of this project. No impact assessed. 30 Rev. 01/02/07 GPA 06-ud/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n m a-b) No Impact. The project's size of two single-family dwelling units will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact assessed. 31 Rev. 01/02/07 GPA 06^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-r^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XV. TRANSPORTATION/TRAFFIC - Would the project. a) 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)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Less Than Significant Impact. The two proposed single-family homes will generate 20 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 32 Rev. 01/02/07 GPA 06-«d/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed tb City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. 0 No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The proposed project does not conflict with adopted policies supporting alternative transportation. The project is located within one-half mile of a major roadway (Tamarack Road), where alternative transportation (bus transit and bicycle and pedestrian access) is provided. 33 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Kl Kl D &sl ^ a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 1 LFMP anticipated that the project site would be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed density (2.5 dwelling units peracre) is less than originally anticipated (3.2 dwelling units per acre) for this site and thus will not result in an overall increase in the City's growth projection in the NW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact assessed. 34 Rev. 01/02/07 ( CGPA 06-vf$/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-r^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Potentially Significant Unless Mitigation Incorporated. The proposed project's required mitigation, as outlined in the Biological Resources section of this report, will preclude any possible degrading of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The Project is consistent with the MCHP guidelines and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive uplands, and plant and wildlife species. Furthermore, the project's required mitigation as outlined in the Cultural Resources section of this report will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. 35 Rev. 01/02/07 GPA 06-v/rf/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) No Impact. Based upon the residential nature of the project and that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. * 36 Rev. 01/02/07 GPA 06-urf/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. ~* c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 37 Rev. 01/02/07 GPA 06-v>eS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department, March 1994. 2. City of Carlsbad Habitat Management Plan for Natural Communities. City of Carlsbad, November 2004. 3. Flood Insurance Rate Map. Map No. 06073C0764. June 19, 1997. 4. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic D'am Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. 5. Preliminary Geotechnical Evaluation (W.O. 5241-A-SC). GeoSoils, Inc., September 28, 2006. 6. Preliminary Biological Assessment. APN #206-200-01. Planning Systems, May 9, 2007. 7. Paleontological Resource and Monitoring Assessment. Adams Street Subdivision. Brian F. Smith & Associates, September 13, 2006. 8. Protocol Coastal California Gnatcatcher Survey on Medina Property. Lincer & Associates, November 22, 2006. 9. Preliminary Storm Water Management Plan for Adams Street. O'Day Consultants, December 10, 2007. 10. An Archaeological Survey and Significance Evaluation for the Adams Street Subdivision Project. Brian F. Smith & Associates, November 9, 2006. 38 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-r2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision LIST OF MITIGATING MEASURES To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: 1. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, mitigation for impacts to 0.25 acres of Group-E Non-Native Grassland, and 0.02 acres of Group-F Disturbed shall be mitigated by payment of an in-lieu mitigation fee. 2. The project applicant shall avoid impacts to and provide an open space and conservation easement over Open Space Lot 3. 3. The project applicant shall mitigate for the loss of 0.27 acres of coastal California Gnatcatcher occupied Coastal Sage Scrub by off-site creation of at least 0.27 acres (1:1 ratio) and an additional 0.27 acres (1:1 ratio) of off-site creation, acquisition/preservation or substantial restoration and/or enhancement of Coastal Sage Scrub, per the guidelines stated on page D-116 of the HMP. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a site must be secured, and a revegetation plan shall be approved by the USFWS, CDFG, and City of Carlsbad. 4. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare an Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 5. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a dedicated open space easement shall be placed over the 20 ft. wide habitat buffer area. 6. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season, unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. 7. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season. If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance to the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (mid-February through mid-July). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall 39 Rev. 01/02/07 GPA 06-V/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 8. Landscaping Restrictions: No invasive, exotic plant species as per the California Invasive Plant Council (Cal-Ipc) shall be used in any landscaping areas within the project site. Runoff from the landscaped areas within the project site shall not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. Genetic contamination shall be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants shall be used. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. 9. Fire Management: No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Both residences shall be constructed with a Class-A type roof, ^yith no vents installed along the westerly side. Both residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 10. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. These requirements shall be reflected on both the Final Grading and Landscape Plans. 11. Fencing and Signs: Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. A City-approved biologist shall establish the limits of the sensitive habitat in the field prior to grading, and the biologist shall verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats), shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. This requirement shall be reflected on the Final Grading, Landscape, and Building Plans. 12. Lighting: Project lighting in the back yards adjacent to the HMP Preserve areas shall be of the minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building Plans, and project CC&R's. 13. Predator and Exotic Species Control: The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project developer shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 14. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) 40 Rev. 01/02/07 GPA 06-v/rf/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 15. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to discuss the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains, burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activity. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities and carry out the mitigation program outlined here. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant, further mitigation measures may be required, as recommended by the qualified archeologist. 41 Rev. 01/02/07 • ' r • . 'GPA 06-V/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iJV 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature A 42 Rev. 01/02/07 Page 1 of 9 PROJECT NAME: Adams Street Subdivision FILE NUMBERS: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05- 19/HDP 05-12/SUP 05-13A/AR07-03/HMP 07-04/MS 05-29 APPROVAL DATE: 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 1 . Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, mitigation for impacts to 0.25 acres of Group-E Non-Native Grassland, and 0.02 acres of Group-F Disturbed shall be mitigated by payment of an in-lieu mitigation fee. 2. The project applicant shall avoid impacts to and provide an open space and conservation easement over Open Space Lot 3. 3. The project applicant shall mitigate for the loss of 0.27 acres of coastal California Gnatcatcher occupied Coastal Sage Scrub by off-site creation of at least 0.27 acres (1:1 ratio) and an additional 0.27 acres (1:1 ratio) of off-site creation, acquisition/preservation or substantial restoration and/or enhancement of Coastal Sage Scrub, per the guidelines stated on page D-116 of the HMP. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a site must be secured, and a revegetation plan shall be approved Monitoring Type Prior to recordation of the final map or issuance of a grading permit Prior to recordation of the final map or issuance of a grading permit Prior to recordation of the final map or issuance of a grading permit Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation f Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 9 Mitigation Measure by the USFWS, CDFG, and City of Carlsbad. 4. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non- wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will Monitoring Type Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first Monitoring Department Planning Shown on Plans Verified Implementation r * Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Page 3 of 9 Mitigation Measure ensure adequate management of the open space lot(s) in perpetuity. 5. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a dedicated open space easement shall be placed over the 20 ft. wide habitat buffer area. 6. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season, unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. 7. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season. If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance to the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (mid-February through mid- July). A buffer zone will be established around any identified nests in coordination with the monitoring Monitoring Type Prior to issuance of a Final Map or issuance of a grading permit, whichever occurs first Prior to issuance of a grading permit Prior to issuance of a grading permit Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation It Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 4 of 9 Mitigation Measure biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 8. Landscaping Restrictions: No invasive, exotic plant species as per the California Invasive Plant Council (Cal-lpc) shall be' used in any landscaping areas within the project site. Runoff from the landscaped areas within the project site shall not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. Genetic contamination shall be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants shall be used. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. 9. Fire Management: No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Both residences shall be constructed with a Class-A type roof, with no vents installed along the westerly side. Both residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. Monitoring Type Shown on Final Landscape Plans and CC&R's Shown of Final Landscape Plans, Building Plans and project CC&R's Monitoring Department Planning Planning/ Fire Shown on Plans Verified Implementation ^ Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 5 of 9 Mitigation Measure 10. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. These requirements shall be reflected on both the final grading and landscape plans. 1 1 . Fencing and Signs: Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. A City-approved biologist shall establish the limits of the sensitive habitat in the field prior to grading, and the biologist shall verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats), shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall be reflected on the Final Grading, Landscape and Monitoring Type Shown on Final Grading and Landscape Plans. Shown on Final Grading, Landscape and Building Plans. Monitoring Department Planning/ Engineering Planning/ Engineering Shown on Plans Verified Implementation * Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 6 of 9 Mitigation Measure Building Plans. 12. Lighting: Project lighting in the back yards adjacent to the HMP Preserve areas shall be of the minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 13. Predator and Exotic Species Control: The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project developer shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 14. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) Monitoring Type Shown on Final Landscape Plans, Building Plans, and project CC&R's Include in project CC&R's Prior to issuance of a grading permit Monitoring Department Planning Planning Planning/ Engineering Shown on Plans Verified Implementation i. Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 7 of 9 Mitigation Measure b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist .(or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited Monitoring Type Monitoring Department Shown on Plans Verified Implementation s. Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 8 of 9 Mitigation Measure (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 15. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to discuss the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains, burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activity. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities and carry out the mitigation program outlined here. c. A qualified archeologist shall be present at the Monitoring Type Prior to issuance of a grading permit Monitoring Department Planning/ Engineering Shown on Plans Verified Implementation t Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 9 of 9 Mitigation Measure pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant, further mitigation measures may be required, as recommended by the qualified archeologist. Monitoring Type Monitoring Department Shown on Plans Verified ^Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. City of Carlsbad Plannin g Department May 6, 2008 Marci L. Koski U.S. Fish & Wildlife Service Carlsbad Fish & Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 SUBJECT: RESPONSE TO USFWS COMMENTS (FWS-SAN-08B0437-08TA0476) - ADAMS STREET SUBDIVISION - MITIGATED NEGATIVE DECLARATION Dear Ms. Koski, Thank you for your email comments dated April 4, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Adams Street Subdivision project located along the north shore of the Agua Hedionda Lagoon in the City of Carlsbad, California. We understand that your primary concerns with the project are the proposed location of a public access trail within the 100 ft. wetland buffer area, and fencing and signage of the proposed trail improvements. It should be noted that since the date of your comment letter, staff has discovered that the adjacent property to the east (APN 206-200-002) does indeed have a 25 ft. wide public access easement recorded across the property, which is directly in-line and will connect with the ; proposed trail (please see the attached Doc. No. 86-265396 and Doc. No. 2007-0388120). Furthermore, as recent as January 12,2006, under a California Coastal Permit No. 06-04-161, a 25 ft. wide public access trail was approved for a custom home located four lots to the east (APN 206-200-05) of the project site, and three other lots east of this location have also recorded similar easements (see the attached Assessor's page 206-20). These easements appear to be located along the entire width of each property, extending from the mean high tide line, to a line that is 25 feet upland of the daily high water line. This alignment is also consistent with the alignment outlined in Exhibits I and J of the Agua Hedionda Segment of the Local Coastal Program (LCP). As we have stated before, given the high quality of the habitat on the adjacent site to the west, and the fact that a house exists on the site to the east, we feel that the proposed trail location is ideally located. Moving the trail to a higher elevation away from the lagoon, will likely place it in a steeper slope area and will also affect higher quality habitat on the adjacent lot. Furthermore, because the adjacent home to the east is already developed down to the lagoon's edge, to connect with a relocated trail at a higher elevation on the project site will likely require a 1635 Faraday Avenue » Carlsbad, CA 92008-7314 « (760) 602-4600 • FAX (760) 602-8559 » www.ci.carlsbad.ca.us sV FWS-SAN-08B0437-08TAOW6 May 6, 2008 -Page 2 _ vertical component to the trail system along its east property line. This would result in a greater take of habitat then is currently being proposed. We have tried very hard to balance the goals of the LCP and the Habitat Management Plan (HMP) in this development proposal. We've reduced the width of the proposed trail from the minimum 10 feet to 8 feet in order to preserve as much of the quality CSS as we can, while still maintaining public access that can accommodate two-way bicycle/pedestrian traffic. Relocating the trail to within the first 15 ft. of the wetland buffer will result in a greater environmental impact and also will be inconsistent with the LCP. And lastly, to address your concern regarding fencing and signage, please see Mitigation Measure No. 1 1 of the Mitigation Monitoring & Reporting Program (MMRP), requiring temporary and permanent fencing to physically restrict direct human access into the HMP Preserve Area, along with the signage to educate and inform the public about the goals of HMP Preserve and to prohibit public access to it. In light of all the evidence, staff requests that you please concur with our assessment and agree with the proposed trail alignment. If you have any further questions, or wish to meet, please do— not hesitate to contact me at (760) 602-4643. Sincerely, JASON GOFF Associate Planner C: Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Dr. Ben & Eunice Medina, Dr. David Graham, P.O. Box 1766, Bonita, CA 91908 Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Mike Grim, Senior Planner From: <Marci_Koski@fws.gov> To: <Jgoff@ci.carlsbad.ca.us> CC: <DLawhead@dfg.ca.gov> Date: 04/04/2008 2:03 PM Subject: Adams Street Subdivision MND Comments In Response Reply To: FWS-SAN-0880437-08TA0476 Dear Jason: Thank you for taking the time to discuss the Adams Street Subdivision project and for providing the information I requested regarding the proposed trail. I also appreciate the extension you gave me on submitting comments from the U.S. Fish and Wildlife Service (below) until 4/11/08. In general, the proposed project is in conformance with the City of Carlsbad's Habitat Management Plan (HMP), with the following exception relating to the proposed trail. We are concerned that the proposed trail would, com promise the biological function of the buffer adjacent to Agua Hedionda Lagoon, which is to protect the wetland and riparian vegetation and the many sensitive species it supports from the project-related edge effects. For areas within the Coastal Zone, the Carlsbad HMP outlines permitted trail use in buffers as follows: "Recreation trails and public pathways [may be placed] within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas" (page D-117). This appears to directly conflict with policies 7.2 and 7.3 of the LCP, which requires the placement of a bicycle/pedestrian trail is required along the north shore of the lagoon on the applicant's property. The Service requests that we be included in future discussions regarding the optimal placement of the trail on this property. Neither of the properties on either side of this parcel have trails that would link to the proposed trail. We recognize that the placement of the trail as described in the HMP may not be the best location from a biological conservation standpoint, but the proposed trail location may be too close to the lagoon to protect sensitive wetland vegetation and species. We would also like to discuss potential plans for fencing and signage along the trail to reduce impacts to sensitive habitat from off-trail usage. We appreciate the opportunity to comment on this MND. If you have any questions, please feel free to contact me at the number below. Sincerely, Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 760.431.9440 ext. 304 09 206-20 I 1"=100' 01/01/2008 KJA 0 CHANGES BLK too OLD 10 2 8fc9 10 12*13 7 — 4 — 2 NEW Wf>s*ML*rwf* 10*11 12413 SU ACC ESMT *fWr ^& VR M »r 99 00 02 04 es OB CUT Z(, 4698 20«1 192B 5537 SS85 «56«- 5562 ACCESS ESKT SAN DIEGO COUNTYASSESSOR'S MAP BOOK 206 PAGE 20 THIS MAPASSUMEOMAY NOT COWLY MAP 2152-BELLAVISTA ROS 15053,16964 a ecordlng Requested by and hen Recorded. Hall To: allfornta Coastal Commission 31 Howard Street. 4th Floor an "Francisco. California 9*103 ttentlon: Legal Department 10 11 12 13 14 15 ia 17 IS 19 20 21 22 23 25 28 (-'-rr 1 • - - ...'. -. • I-CS J"1.' 27 t>> 2 40 VE34LLYLEIYT rcosoEn 1 . IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter "offer") 1s made this day _. 19 86 . bv Enrique Abel ado J»L4 AR/2 MQ / hereinafter referred to as 'Grantor'). I. WHEREAS. Grantor 1s the legal owner of a fee Interest of certain real property located In the County of San Diego State of California, ana* described 1n the attached Exhibit A (hereinafter referred to as the "Property"); and II.WHEREAS, all of the Property Is located within the coastal zone as defined 1n Section 30103 of the California Public Resources Code (which code Is hereinafter referred to as the 'Public Resources Code'); and III. WHEREAS, the California Coastal Act of 1976. (hereinafter referred to as the "Act') creates the California Coastal Commission, (hereinafter referred to as the "Comulsslon") and requires that any coastal development permit approved by the Commission must be consistent with the policies of the Act set forth 1n Chapter 3 of Division 20 of the Public Resources Code; and IV.WHEREAS, pursuant to the Act. Grantor applied to the California Coastal Commission for a permit to undertake development as defined In the Act within the Coastal zone of San Diego County (hereinafter the •Permit"); and V, WHEREAS, a coastal development permit (Permit No. 6"86"35 ) 1 '•'i 2 3 4 5 7 8 10 11 12 13 14 13 19 17 18 19 20 21 22 23 24 25 28 27 JURT PAMW•AT« « CAuranum. iia i"«. «•»«• 3 909 May 6 86uas granted on . 19 . bv the Commission In ccordance with the provision of the Staff Recommendation and Findings, ttached hereto as Exhibit B and hereby Incorporated by reference, subject to the following condition: Prior to transmittal of the coastaldevelopment permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an casement for lateral public access and passive recreational use along the lagoon shoreline. The document shall provide that the offer of dedication shall not be used or construed to allowanyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located along the entire width of the property along the Agua Hedionda Lagoon shoreline extending from the mean high tide line to a line 25-feet upland of the daily high water line, which is understood to ambulatory from day to day, and as generally indicated on Exhibit #4 of the staff report. The document shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of thePeople of the State of California, binding all successors andassignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The document shall be in a -form and content acceptable to the Executive Director. VI. WHEREAS, the subject property 1s a parcel located between the first public road and the shoreline; and VII. WHEREAS, under the policies of Sections 30210 through 30212 of the California Coastal Act of 1976. public access to the shoreline and along the coast 1s to be maximized, and In all new development projects located between the first public road and the shoreline shall be provided; and VIII. WHEREAS, the Commission found that but for the Imposition of the above condition, the proposed development could not be found consistent with the public access policies of Section 30210 through 30212 of the California Coastal Act of 1976 and the Local Coastal Program as defined In Public Resources Code Section 30108.6 and that therefore In the absence of such a condition, a permit could not have been granted; -2- i. 1 I . » r • '^J ' wl8 f—y£ •j^ O' . ««%'W* ii CA 2^^; , <•»', mAwmtO 8* !. S• _§ «• * ' m | £g | ^2? 1 ^r !§»* 3mi f* • T ' ' 1i 0, 930 OURTPAPUI 1 2 3 4 5 8 7 8 9 10 11 12 13 14 IS IS 17 IS 19 20 21 22 23 24 23 23 27 jirwuo*i. ••» X, WHEREAS, 1t Is Intended that this Offer is irrevocable and shall onstitute enforceable restrictions within the meaning of Article XIII. Section•• of the California Constitution and that said Offer, when accepted, shall hereby qualify as an enforceable restriction under .the provision of the allfomia Revenue and Taxation Coda. Section 402.1; NOW THEREFORE. 1n consideration of the granting of Permit o. 6-86-35 to Grantor bv tha Commission, the ownerfsl herebv offer(s) to edlcate to the People of California an easement In perpetuity for tha purposes f lateral public access and passive .recreational use along the lagoon shoreline. ocated on the subiect orooflrtv along the entire width from tha mean high tide line to a line 25 feet upland of the daily high water line. and as specifically set forth by "attached Exhibit C hereby Incorporated by reference. 1. 8EMEFIT ANO BURDEN. This Offer shall run with and burden the Property and all obligations, terras, conditions, and restrictions hereby Imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property frora the date of recordatlon of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the StJta of California. 2. DECLARATION- OF BESTftlCTIONS. This offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the Qffer, to Interfere with any rights of public access acquired through use which may exist on the Property. „ -3- « 8 ~• 30o111 -. Z O i R ft It ""*8lc ;'2[3i*' i Siis(I1 '<l n |rl fil~3 • 0110EMI 1 1 2 3 4 S 3 7 8 9 10 11 12 13 14 15 19 17 13 19 20 21 22 23 24 29 26 2' JMT* •» <a. ill iTI »r OIVOUUa. ill mi*.».»« 3. ADDITIDMAl TERMS. CONDITIONS. AND IMITATIONS. Prior to the pening of the accessway, the Grantee, In consultation with the Grantor, may* ecord additional reasonable terms, conditions, and limitations on the use of he subject property 1n order to assure that this Offer for public access Is ffectuated. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions s held to be Invalid or for any reason becomes unenforceable, no other revision shall be thereby affected or Impaired. 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained 1n this Offer shall be binding upon and Inure to the benefit of the successors and assigns of both the Grantor and the Srantee. whether voluntary or Involuntary. 6. TERM. This irrevocable offer of dedication shall be binding for a period of 21 years starting from the date of recordatlon. Upon recordatton of an acceptance of this Offer by the Grantee, this Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement In gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. The People of the State of California shall accept this offer through the local government in whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or its successor 1n interest. -4- 1 :OU«TfAf.T*rt or (UiiTft. 113 in 1 1 2 3 4 S 7 9 1O 11 12 13 14 13 16 17 18 19 20 21 22 23 24 25 28 27 tit I* . -0 »32 Acceptance of the Offer Is subject to a covenant which runs with the and. providing that any offeree to accept the easement nay not abandon ft but must Instead offer the easement to other public agencies or private s sod at ions acceptable to the Executive Director of. the Commission for the uration of the fern of the original Offer to Dedicate. xecuted on this /& day o£___XV'cT*' •"" s*&** at 4si^7C*-e*— Ax7 Y / '. California. . -1 j ~?&^- ^— -^— ^" ' '^/ n. ^Owner Enrique Abeledo Type or Print Sinned* ~ Type or Print NOTE TO NOTARY PUBLIC: If vou are notarizing the signatures of oersons slanlnu on behalf of a corporation, partnership, trust, etc., please use the correct notary acknowledgment form as explained in your Notary Public Law Book. State of California. ) County of SAN DIEGO 1 On this 18th dav of June . In the year 1985 .. before me Gisela Hauser ' . a Notarv Public, oersonallv aooeared Enrique Abeledo personally known to ne (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name 1s subscribed to this Instrument, and acknowledged that he/she/they executed It. /? .r"fGrrM"'-^*":-""M'5 l/>&h JiL,s>9<' &&& QISELA HAUSER I NOTARY PUS^C IN AND FOR ! i fttjBia NOTMV «S.ic-S!uf OBNW \ SAID STATE AND COUNTY •\ >88^ SMI Ot£00 COUHTT ]| _j_ r i-k^^j 1 * ^^^ ! 15 ' • f SOrt Z : O if i JW ; S£Jfc ; 2 O SO •1° 1 o r§i 3I*' t«§ . 5 II ^^^M |1»sjc i1 1 1 2 3 4 3 6 7 8 9 10 12 13 14 13 19 17 18 21 22 23 24 2E 2 >t» mw. ••« •0 933 This Is to certify that the Offer to Dedicate set forth above is ereby acknowledged by the undersigned officer on behalf of the California oastal Commission pursuant to the action of the Commission when 1t granted Coastal Development Permit Ho. v~oV~j5 pn and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: California Coastal Commission STATE OF COUNTY OF «On ^ =. before me PHEGIEY a Notary Public, personally appealed 6*«l/fes .. personally known to me to be (or proved to me on the basis of satisfactory evidence) fast, bfd- Org£/pr TITLE and authorized representative of the California Coastal Commission and to be the parson who executed this Instrument as the acknowledged to ma that the California Coastal Commission executed It. OFFICIAL SEAT. MILTON PHEGIEV NOTARY PUBUC-CAUFORNM<MN DIEGO COUNTY NOTARY PUBLIC IN AND SAID STATE AND COUNTY -6- 934 EXHIBIT^ "A" LEGAL DESCRIPTION OP PROPERTY OWNED BY ENRIQUS ABELEDO A portion of Lot 6, Block "D* of Ballaviata in the City o£Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed1 in the Office of the CountyRecorder of San Diego County, March 7, 1929, more particularlydescribed as follows t Beginning at the most Southeasterly corner of Lot 5 of said map No. 2152; thence along the Southerly line of said Lot 5South 72*14 '10* East, 598.35 feet to the TRUE POINT OFBEGINNING; thence South 7 2 "14' 10" East, 77.26 feet; thenceNorth 03*53 '00* East, 269.43 feet to a point lying on theare of a 550.00 foot radius curve, concave Northeasterly VJU-I~ center of which bears North 17»10'15" East j thence Era Lei tyarongthe arc of said curve through a central angle of 8°11'38"and a3*o^ance of 79.66 feeti thence South 03*53*00" West,274.37 feeVtO the TRUE POINT OP BEGINNING. J. M. 6029 DWtgh 6-17-86 BRIAN SMITH ENGINEERS. INC. 1 1 *w i, EXHIBIT STATE Of CAUKXMA-THt ttSOUtCZS AGCNCr CAUFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT IMS CAMINO Oil tfO SOUTH. SUITE 135 SAM D1£QO> CA 93IOM520 (419} 397-9MO NOTICE OF^ "B- Z ° Date Hav 6. 1986 Ann! 1 cation No. 6-86- Paqa 1 of 4 INTENT TO ISSUE PERMIT On Aorll 9. 19B6 . the California Coastal Commission application of Enrlaue Abeledo the attached standard and special below: Description: Construction of a 3, residence with pool conditions, for the development 400 sq. ft., three-story singleand patio area on a 20,000 sq. 935 GCOtOt tXUCMCJIANk Ommir g&fa w»*5W 35 xasJ' approved the, subject to described family ft. lot on I the north shore of Agua Hedlonda Lagoon 1n Carlsbad. Lot Area Building Coverage Pavement CoverageUnimproved Area Landscape Coverage Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 20,000 sq. ft. 2.700 sq. ft. (1«) 5.000 sq. ft. (25« 7.300 sq. ft. C*1*)5,000 sq. ft. (20X) 2 f r" fa'*•2> o! % J.i ••> • ' ^f} i J^^ i w!O1Oi 3i gO)•• • ' CA1 > 21oIsAR-l-15,000 I Res. Low Medium Density 0-4 du/ac | 1.8 du/ac 35 feet o Site: ftdams St. approximately 200-fee±-*ast_&fH1ghland Drive In Carlsbad. San 01 ego County APN 206-200-62\ ^**. ^~*S The permit win be held 1n the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 through 5 When these conditions have been satisfied, the permit will be Issued. THOMAS A. GRANDALL DISTRICT DIRECTORar NOTICE OFPage 2 of INTENT TO4 E PERMIT MO. 6-86-35 •0 936 STANDARD CONDITIONS; 1. Notice of Receipt and Acknowledgement. The permit Is not valid and development shall not commence until a copy of the penalt. signed by thepermittee or authorized agent, acknowledging receipt of the permit and acceptance of the terns and conditions. Is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire twoyears fron the date on which the Commission voted on the application. Development shall be pursued 1n a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur In strict compliance with theproposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and nay require Commission approval. 4. Interpretation. Any questions of Intent or Interpretation of anycondition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to Inspect the siteand tha development during construction, subject to 24-hour advance notice. 6. Assignment. The permit nay be assigned to any qualified person, providedassignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terns and conditions shallbe perpetual, and It Is the Intention of the Commission and the permitteeto bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL COHDITIDNS: 1. Erosion/Sedimentation and Runoff Control Plans. Prior to thetransmlttal of the coastal development permit, the applicant shall submit erosion/sedimentation and runoff control plans for the project. The plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and shall assure no Increase 1n peak runoff rate from thedeveloped site as a result of a ten-year frequency storm over a six-hourduration (10 year. 6 hour rainstorm). Runoff and sediment control shall be accomplished by such means as on-slte catchment/desiltlng basins, revegetatlon of disturbed areas and energy dissipating measures as necessary. The plans.Including supporting calculations, shall be subject to the review and writtenapproval of the Executive Director. 1 NOTICE OF INTENT TO Page 3 of 4 E PERMIT NO. 6-86-35 .1 937 SPECIAL CONDITIONS - continued: 2. Landscaping Plan. Prior to the transntttal of the coastal development permit, the applicant shall submit a detailed landscape plan for the project. The plan shall Indicate the type, size, extent and location of all plant materials, the proposed Irrigation system and other landscape features. Drought tolerant plant materials shall be utilized to the maximum extent feasible. The plan shall stipulate that all areas disturbed by grading shall be revegetated Immediately following grading operations and replanted if vegetation is not fully established wUhln 90 days of planting. The plan shall Include re vegetation of the site. In areas below the 41-foot contour where earlier brush clearing, operation took place..with materials similar to those removed. Said plan shall be subject to the review and written approval of the Executive Director. 3. Open Space Deed Restriction. Prior to the transmlttal of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in Interest and any subse- quent purchasers of any portion of the real property. The restriction shall prohibit the alteration of natural topography, removal of vegetation or erection of structures of any type unless approved by the California Coastal Comnlsslon or Its successors in interest on that area shown 1n attached Exhibit #3 and generally described as that portion of the property lying below (south of) the 41-foot contour line. The recording document shall Include legal descriptions of both the applicant's entire parcel and the restricted area and shall be 1n a form and content acceptable to the Executive Director. 4. Lateral Public Access. Prior to transraittal of the coastal develop-ment permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, Irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the the lagoon shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to Interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located along the entire width of the property along the Agua Hedionda Lagoon shoreline extending from the mean high tide line to a line 25-feet upland of the dally high water line, which Is understood to ambulatory from day to day. and as generally Indicated on Exhibit #4 of the staff report. The document shall be recorded free of prior liens end encymbra.-ces w.dch the Executive Director determines may affect, the Interest being conveyed. The offer shall run with the land In favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of Zl years, such period running from the date of recording. The document shall be in a form and content acceptable to the Executive Director. f oo S!ioo m 1 NOTICE OF INTENT TO Page 4 of 4 _ E PERMIT NO.6-86-35 0 938 SPECIAL CONDITIONS - continued: 5. Public Access Improvements. Prior to the transmittal of the coastal development permit, the applicant shall submit a plan for the provision of public access Improvements along that portion of the property adjacent to Agua Hedlonda Lagoon and subject to the recordatlon of a public access easement pursuant to special condition #4 of the permit. The plan shall provide for an Improved path of a minimum of ten (10)-feet 1n width and suitable for use by pedestrians and bicyclists. The applicant shall be responsible forImplementation of the plan unless responsibility for construction of theaccess path 1s assumed by the City of Carlsbad or other appropriate agency. In tha event that no other agency assumes responsibility for Implementation of the plan, the applicant shall be required to commence and conplete construc-tion of the access improvements concurrent with construction of the proposedresidence. Said plans shall be subject to the review and written approval ofthe City of Carlsbad and the Executive Director. (1628A) 1 .0 939 EXHIBIT "C° LEGAL DESCRIPTION OF flN EASEMENT FOR LATERAL PUBLIC ACCESS A portion of Lot 6, Block "0" of Bellavista. in the City ofCarlsbad, County of San Diego, State of California, according to map thereof Mo. 2152, filed in the Office of the County Recorder of SanDiago County, March 7, 1929, more particularly described as follows: Beginning at the most Southeasterly corner of Lot 5 of said map No. 2132; thence along the Southerly line of said Lot 5 South 72814'10" East, 598.35 feet; thence North 03°53'00" East, 10.00 faet to the TRUE POINT OF BEGINNING} thence North 03"53'00" East, 29.00 faetj thence South 85?42V33" East,75.00 feet» thence South 03*53' 00" West, 25.00 feet; thence North 88945*47" West, 75.08 feat to the TRUE POINT OPBEGINNING. J. N. 6029DW:gh 6-17-86 s O S CO BRIAN SMITH ENGINEERS, INC. 5483 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060-4508 (Legal Division) STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 CDP 6-86-35 Abeledo DOCtf 2007-0388120 JUN08.2007 11:30 AM OFFICIAL RECORDS SMI D'.EGO COUNTY RECORDER'S OFFICEGREGORY J. SMITH. COUHTY RECORDER FEES. 0.00 PAGES: 6 - - 2007--0388120 CERTIFICATE OF ACCEPTANCE AND ' ---=- ACKNOWLEDGMENT BY CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS CERTIFICATE OF ACCEPTANCE AND ACKNOWLEDGMENT acknowledges and certifies the acceptance by Agua Hedionda Lagoon Foundation, a private nonprofit corporation, of an Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions executed by„ ._. Enrique Abeledo and recorded on June 27,1986 as Instrument Number 86-265396^ Pages 928-939 of the Official Records of San Diego County (hereinafter the "Offer to Dedicate"), and sets forth conditions of that acceptance with respect to the management and future disposition of the dedicated public access easement. It is the intention of the California Coastal Commission (hereinafter the "Commission") and Agua Hedionda Lagoon Foundation to ensure that the purposes, terms and conditions of the Offer to Dedicate be carried out within a framework established by and among the Commission, Agua Hedionda Lagoon Foundation and the State Coastal Conservancy (hereinafter the "Conservancy") in order to COA-l #29/04 5484 implement the Commission's Coastal Access Program pursuant to the California Coastal Act of 1976, Public Resources Code Sections 30000 etseq. (hereinafter the "Coastal Act"). I. WHEREAS, the Commission is an agency of the State of California established pursuant to Public Resources Code Section 30300 and is charged with primary responsibility for implementing and enforcing the Coastal Act; and II. WHEREAS, the Conservancy is an agency of the State of California existing under Division 21 of the California Public Resources Code, which serves as a repository for interests in land whose reservation is required to meet the policies and objectives of the Coastal Act or a certified local coastal plan or program; and III. WHEREAS, Agua Hedionda Lagoon Foundation is a private nonprofit corporation -=. existing under Section 501(c)(3) of the United States Internal Revenue Code and having among its principal charitable purposes the preservation of land for public access, recreation, scenic and open space purposes; and IV. WHEREAS, as a condition to its approval of Coastal Development Permit Number 6-86-35, the Commission required recordation of the Offer to Dedicate pursuant to Sections 30210- 30212 of the Coastal Act; and V. WHEREAS, terms and conditions of the Offer to Dedicate provide, among other things, that (A) the People of the State of California shall accept this Offer to Dedicate through the local government in whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission; and (B) acceptance of the Offer to Dedicate is subject to a covenant which runs with the land, providing that any offeree to accept the public access easement may not abandon it but must instead offer the public access easement to other public agencies or private associations acceptable to the Executive Director of the Commission; and (C) upon recordation of an acceptance of this Offer to Dedicate by the Grantee, this Offer to Dedicate and 2 CO A-1 6/191W . 5485 'terms, conditions, and restrictions shall have the effect of a grant of public access easement in gross and perpetuity that shall run with the land and be binding on the parties; and VI. WHEREAS, Agua Hedionda Lagoon Foundation desires to accept the Offer to Dedicate and accordingly has requested that the Executive Director of the Commission approve it as an acceptable management agency; and VII. WHEREAS, Agua Hedionda Lagoon Foundation is acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate provided that the public access easement will be transferred to another qualified entity or to the Conservancy in the event that Agua Hedionda Lagoon Foundation ceases to exist or is otherwise unable to carry out its responsibilities as Grantee, as set forth in a management plan approved by the Executive Director of the Commission. -~ NOW, THEREFORE, this is to certify Agua Hedionda Lagoon Foundation is a private nonprofit corporation acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate, on the condition that should Xgua Hedionda Lagoon Foundation cease to exist or fail to carry out its responsibilities as Grantee to manage the public access easement for the purpose of allowing lateral public access and passive recreational use along the lagoon shoreline, then all of Agua Hedionda Lagoon Foundation's right, title and interest in the public access easement shall vest in the State of California, acting by and through the Conservancy or its successor, upon acceptance thereof; provided, however, that the State, acting through the Executive Officer of the Conservancy or its successor agency, may designate another public agency or private association acceptable to the Executive Director of the Commission, in which case vesting shall be in that agency or organization rather than the State. The responsibilities of Agua Hedionda Lagoon Foundation to manage the public access easement shall be those set forth in the Management Plan dated June 6,2007 and maintained in the offices of the Commission and the Conservancy (and as the Management Plan may be amended from time to time with the written concurrence of the Executive Director of the Commission, the Executive 3 COA-I 6/29/04 5486 Officer of the Conservancy, and Agua Hedionda Lagoon Foundation). Notwithstanding the foregoing, the right, title and interest of Access For All in the public access easement may not vest in the Conservancy or another entity except upon (1) a finding by the Conservancy, made at a noticed public hearing, that Agua Hedionda Lagoon Foundation has ceased to exist or failed to carry out its responsibilities as set forth in the Management Plan; and (2) recordation by the State or another designated agency or entity of a Certificate of Acceptance, substantially in the form set forth in California Government Code §27281. Nothing herein shall prevent Agua Hedionda Lagoon Foundation from transferring the public access easement to a qualified entity pursuant to the Offer to Dedicate, thereby relieving itself of the obligation to manage the public access easement in accordance with the Management Plan. THIS DOCUMENT FURTHER CERTIFIES THAT Agua Hedionda Lagoon Foundation, a private nonprofit corporation, hereby accepts the Offer to Dedicate pursuant to authority conferred by resolution of the Board of Directors of Agua Hedionda Lagoon Foundation adopted on January 24,2007, and Agua Hedionda Lagoon Foundation consents to recordation thereof by its duly authorized officer. In accepting the Offer to Dedicate, Agua Hedionda Lagoon Foundation covenants and agrees to the conditions set forth in the Offer to Dedicate and in this Certificate. CO A-1 6/29*4 5487 IN WITNESS WHEREOF, the Commission and Agua Hedionda Lagoon Foundation have executed this CERTIFICATE OF ACCEPTANCE and ACKNOWLEDGMENT OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS as of the dates set forth below. Dated: — 1 CALIFORNIA COASTAL COMMISSION John Bdwers, Staff Counsel Dated: AGUA HEDIONDA LAGOON FOUNDATION By:-^^<. / I u-"V Eric Munoz, President COA-l 5486 STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, JefFG. Staben, a Notary Public, personally appeared John Bowers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signarure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature JEFF 6. STABEN Com 11443647 w STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 0rre j before me,u Notary Public, personally appeared Erre Munoz. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(sXis?are subscribed to the within instrument and acknowledged to me that (^e/she/they executed the same in (hjs)her/their authorized capaciry(ies), and that bjCh^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. <*.Signature « i -- m m - ~ ^ fKAPENK. JONES I CommWon»lM1489 I Son 0)ago County My Cornm. &p»e« Jem 3. 2 COA-l