HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65771 PLANNING COMMISSION RESOLUTION NO. 6577
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROJECT ENVIRONMENTAL
4 IMPACT REPORT, EIR 01-02, FOR LA COSTA TOWN
, SQUARE, AND RECOMMENDING ADOPTION OF THE
CANDIDATE FINDINGS OF FACT, A STATEMENT OF
6 OVERRIDING CONSIDERATIONS, AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
7 DEVELOPMENT OF A 83.07 ACRE SITE WITH A 284,400
SQUARE FOOT COMMUNITY SHOPPING CENTER, 55,000
8 SQUARE FOOT OFFICE PROJECT, 64 SINGLE FAMILY LOT
9 SUBDIVISION, AND A MULTI-FAMILY RESIDENTIAL SITE
ALL LOCATED NORTHERLY AND EASTERLY OF THE LA
10 COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
11 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
1 CASE NO.: EIR 01-02
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WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
Ig A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
17 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
18 Carlsbad, County of San Diego, State of California
19 ("the Property"); and
20 WHEREAS, a Project Environmental Impact Report (EIR 01-02) was
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prepared in conjunction with said project; and
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WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
2" and arguments, examining the Project EIR, Candidate Findings of Fact, Statement of
27 Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing
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the information submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Project EIR.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
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A) That the foregoing recitations are true and correct.
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- B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 01-02, dated July 1, 2009, appendices,
6 written comments and responses to comments, as amended to include the
comments and documents of those testifying at the public hearing and responses
7 thereto is hereby found to be in good faith and reason by incorporating a copy of
the minutes of said public hearing into the report, all on file in the Planning
Department incorporated by this reference, and collectively referred to as
9 the "Report."
10 C) That the Environmental Impact Report, EIR 01-02, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
13 D) That based on the evidence presented at the public hearing, the Planning
14 Commission hereby RECOMMENDS CERTIFICATION of the Environmental
Impact Report, EIR 01-02; RECOMMENDS ADOPTION of the Candidate
15 Findings of Fact ("CEQA Findings"), and the Statement of Overriding
,,, Considerations ("Statement"), attached hereto marked as "Exhibit A" and
incorporated by this reference; and of the Mitigation Monitoring and
17 Reporting Program ("Program"), attached hereto marked as "Exhibit B'
and incorporated by this reference; based on the following findings and subject
18 to the following conditions.
19 Findings:
20 The Planning Commission of the City of Carlsbad does hereby find that the Final
21 Project EIR 01-02, the Candidate Findings of Fact, the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations have been prepared
22 in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
24 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
considered Final Project EIR 01-02, the environmental impacts therein identified for
25 this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the
Statement of Overriding Considerations attached hereto as "Exhibit A," and the
" Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit
2? B," prior to RECOMMENDING APPROVAL of this project.
28 3. The Planning Commission finds that Final EIR 01-02 reflects the independent
judgment of the City of Carlsbad Planning Commission.
PC RESO NO. 6577 -2-
4. The Planning Commission does accept as its own, incorporate as if set forth in full
2 herein, and make each and every one of the findings contained in the CEQA Findings
("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources
3 Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives.
5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to
ensure that during project implementation, the Developer and any other responsible
parties implement the project components and comply with the feasible mitigation
6 measures identified in the CEQA Findings and the Program.
7 6. Although certain significant or potentially significant environmental effects caused by the
project will remain, even after the adoption of all feasible mitigation measures and any
feasible alternatives, there are specific economic, social and other considerations that
render the unavoidable significant adverse environmental effects acceptable, as set forth
in the Statement.
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7. The Record of Proceedings for this project consists of The Report, CEQA Findings,
Statement and Program; all reports, applications, memoranda, maps, letters and
other planning documents prepared by the planning consultant, the environmental
consultant, and the City of Carlsbad that are before the decision makers as
13 determined by the City Clerk; all documents submitted by members of the public
and public agencies in connection with the Project EIR; minutes of all public
14 meetings and public hearings; and matters of common knowledge to the City of
Carlsbad which they may consider, including but not limited to, the Carlsbad
General Plan, Carlsbad Zoning Ordinance, La Costa Master Plan, and Local
,,. Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in
the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director
17 of Planning.
18 Conditions:
19 1. All future developers shall implement the mitigation measures described in "Exhibit
2Q B," the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to development of La Costa Town Square.
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PC RESO NO. 6577 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELT B. MONTGOMERY,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6577 -4-
Candidate Findings La Costa Town Square General Plan Amendment
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Candidate Findings and Statement of Overriding Considerations
Regarding the Final Environmental Impact Report
For the La Costa Town Square Project
INTRODUCTION
The City of Carlsbad (City) proposes to approve the following development plans for the La
Costa Town Square project:
• General Plan Amendment
• Master Plan Amendment
• Local Facilities Management Plan Zone 11 Amendment
• Master Tentative Parcel Map
• Commercial, Office, and Residential Tentative Maps
• Planned Development Permits
• Site Development Plan
• Conditional Use Permits
• Hillside Development Permit
• Variance
• Participation in the Implementation of the Habitat Conservation Plan (HCP)/On-going
Multi-Species Plan (OMSP)
The project involves the construction and operation of a mixed-use center that includes an
approximately 284,400-square-foot community shopping center, two office buildings totaling
approximately 55,000 square feet, 64 single-family detached residential units, and a future
multifamily residential site to be developed at a later date with approximately 128
condominium homes. The project site encompasses approximately 83 acres. The Draft
Environmental Impact Report (Draft EIR) identified significant and unavoidable project impacts
to Transportation/Circulation, Air Quality, Noise, and Global Climate Change.
The California Environmental Quality Act of 1970 (CEQA) (Public Resources Code Section
21000 et seq.) and the State CEQA Guidelines (California Administrative Code Section
15000 et seq., as amended) provide that:
[N]o public agency shall approve or carry out a project for which an environmental impact
report has been certified which identifies one or more significant effects on the environment
that would occur if the project is approved or carried out unless both of the following occur:
Candidate Findings La Costa Town Square General Plan Amendment
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(a) The public agency makes one or more of the following findings with respect to
each significant effect:
(1) Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid the significant effects on the
environment.
(2) Those changes or alterations are within the responsibility and jurisdiction
of another public agency and have been, or can and should be,
adopted by that other agency.
(3) Specific economic, legal, social, technological, other considerations,
including considerations for the provision of employment opportunities
for highly trained workers, make infeasible the mitigation measures or
alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under
paragraph (3) of subdivision (a), the public agency finds that specific overriding
economic, legal, social, technological, or other benefits of the project outweigh
the significant effects on the environment. [Public Resources Code §21081]
Candidate Findings La Costa Town Square General Plan Amendment
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Section 1
California Environmental Quality Act Findings
FINDINGS
The City Council has reviewed the Draft EIR for the La Costa Town Square project, including
the Appendices, comments from public agencies and individuals, and the responses to each
comment that were prepared by the City Planning Department.
The City Council conducted a public hearing during a regular meeting of the Council on
August 18, 2009, which was duly noticed in accordance with City requirements for public
hearings on land use matters; and received a report from the Planning Department, including
the recommendations of the City Planning Commission, and received public testimony on the
project and the Draft EIR.
The Draft EIR identified significant effects that may occur as a result of the project. In
accordance with Public Resources Code §21081 and the State CEQA Guidelines §15091,
the City Council hereby adopts these findings regarding the significant effects of the proposed
project.
(1) Changes or alterations have been required in, or incorporated into, the project that
mitigate or avoid the significant effects on the environment as identified in the Draft EIR
(SCH No. 2003041159) as described below relative to Land Use and Planning,
Transportation/Circulation, Paleontological Resources, Biological Resources,
Hydrology/Water Quality, Geology and Soils, Hazards, Visual Aesthetics/Grading,
and Public Services and Utilities.
A. LAND USE AND PLANNING
Less than Significant Effect A-1
The close proximity of the proposed commercial, office, and single-family residential land
uses could result in onsite land use incompatibility from noise and visual impacts to the
residential properties.
Facts in Support of Finding (1)
Candidate Findings La Costa Town Square General Plan Amendment
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Figure 3.0-2 of the Draft EIR shows that the proposed project would create a landscaped
open space buffer to separate the commercial and office land uses from the proposed single-
family residential properties. As a result, noise and any visual impacts associated with the
commercial uses closest to the single-family homes would be minimal. Therefore, the
proposed design of the project has incorporated measures to avoid an onsite land use
impact.
Less than Significant Effect A-2
Existing residential land uses are located to the northwest and south of the proposed
commercial and office land uses; and existing single-family residential homes are located
adjacent to the east of the proposed multifamily residential parcel. The project may be
incompatible with these established offsite residential communities.
Facts in Support of Finding (1)
As shown in Figure 3.0-2 of the Draft EIR, the proposed commercial site would be graded to be
below the elevation of Rancho Santa Fe Road. The separation provided by Rancho Santa Fe
Road and the proposed lower elevation of the commercial site would avoid land use impacts to
offsite residential properties located to the northwest. Existing single-family and multifamily
residential land uses located to the south would be separated from the proposed commercial
and office sites by La Costa Avenue, are located at lower elevations than the project site, and
have walls and/or landscaped setbacks from La Costa Avenue. In addition, as shown in Figure
3.0-2 of the Draft EIR, the proposed commercial and office sites would each be limited to one
driveway access from La Costa Avenue and would maintain a minimum 50-foot-wide
landscaped setback to the nearest commercial or office building. The proposed department
store site would be set back approximately 180 feet from La Costa Avenue.
There is also an existing single-family residential development with mostly two-story residences
located on the east side of the proposed multifamily residential site. The project proposes a
50-foot-wide open space buffer with landscaping and pedestrian/bicycle paths to separate
the proposed multifamily residential uses and existing single-family residences. The physical
scale and massing of the multifamily buildings would be of greater intensity than the adjacent
single-family homes and the height limit in the multifamily zone is 5 feet greater than in the
single-family zone. However, the characteristics of land use activities of multifamily living are
similar to and not incompatible with the land use activities of single-family living conditions.
In addition, approval of the current project would establish only the allowed land use and
maximum density for the multifamily parcel. Processing of a Site Development Plan or a Tract
Candidate Findings La Costa Town Square General Plan Amendment
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Map and Residential Planned Development Permit, would be subject to discretionary review
and public hearings by the Planning Commission and City Council, at which issues of density
and design would be addressed.
Less than Significant Effect A-3
The proposed project would not result in an incompatibility with existing land use plans,
policies, and regulations.
Facts in Support of Finding (1)
The existing General Plan designations would be modified to accommodate the proposed
project, as follows: The existing (O), Open Space Office (OS), and Low-Medium Density
Residential (RLM) designation located north of Rancho Santa Fe Road would be redesignated to
Residential High Density (RH) to accommodate the proposed density of 128 future multifamily
units on Parcel 1 under the proposed project; the northerly portion of proposed Parcel 2 of the
proposed project would be changed from the O designation to Local Shopping Center (L),
consistent with the existing L designation on the balance of Parcel 2; the existing L designation
north of the intersection of Rancho Santa Fe Road and Calle Timiteo would be redesignated O
over proposed Parcel 3; the existing RLM designation would be retained on Parcel 4, the
proposed single-family site, and a portion of the existing L designation on Parcel 4 would be
changed to RLM; and the existing OS designation would be altered to correspond to the open
space proposed between parcels 2 and 4. These alterations of existing urban and open space
designations would not substantially alter land use intensity in the project area and would
maintain an open space corridor connecting La Costa Avenue with Rancho Santa Fe Road.
Amendments to the General Plan, the La Costa Master Plan, and corresponding zoning per the
LFMP would maintain consistency between these City land use plans, policies, and objectives
and would avoid significant Land Use and Planning impacts.
B. TRANSPORTATION/CIRCULATION
Significant Effect B-1
Traffic from the project will worsen LOS F conditions during the PM peak hour at the
intersection of Rancho Santa Fe Road and San Marcos Boulevard in years 2010 and 2030.
Facts in Support of Finding (1)
Candidate Findings La Costa Town Square General Plan Amendment
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Mitigation Measure T-1would require that the developer pay the project’s fair share
contribution for improvements at the intersection of Rancho Santa Fe Road and San Marcos
Boulevard in the City of San Marcos. The estimated fair share contribution is $24,840.00,
which is based on 2.3% of the estimated total improvement cost of $1,080,000.00.
C. NOISE
Significant Effect C-1
The proposed project includes commercial loading docks within the retail center that may result
in noise from delivery truck idling and use of fork lifts and may impact existing or proposed
residences would located as close as approximately 110 feet to the nearest loading dock.
Facts in Support of Finding (1)
Mitigation Measure N-3 would require that minimum 12-foot-high sound walls shall be
constructed by the applicant along the loading dock areas at Commercial Buildings 15, 18,
and 21.
Significant Effect C-2
A small outdoor gathering area is proposed to be used for events such as small summer jazz
concerts and Christmas caroling. Although amplified speakers would not be used, the outdoor
activities could be annoying to some residents during the nighttime hours.
Facts in Support of Finding (1)
Mitigation Measure N-4 would require that the outdoor gathering area not be used for events
between the hours of 10:00 p.m. to 7:00 a.m.
Significant Effect C-3
Heating and air conditioning equipment mounted on roofs or at the ground level of the
commercial buildings may generate noise levels of approximately 45 to 55 dB at a distance
of 50 feet. Existing and proposed residential units nearest to the commercial buildings could
be impacted by noise from this heating and air conditioning equipment.
Candidate Findings La Costa Town Square General Plan Amendment
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Facts in Support of Finding (1)
Mitigation Measure N-5 would require that when mechanical equipment plans are prepared,
the plans shall be evaluated for the buildings on Commercial Pads 15 through 18 and 21 to
ensure that outdoor mechanical equipment noise would not exceed 60 dB CNEL at the
proposed adjacent residences.
Significant Effect C-4
Traffic volumes on Rancho Santa Fe Road may generate noise exceeding the City’s threshold
for residential use of 60 dB CNEL at the rear lot lines of the project’s proposed single-family
residential area.
Facts in Support of Finding (1)
Mitigation Measure N-6 would require that a 5- to 8-foot-high noise barrier shall be
constructed by the developer at the top of the slope along a portion of Rancho Santa Fe
Road. The materials used in the construction of the barrier are required to have a minimum
surface density of 3.5 pounds per-square-foot and may consist of earthen berms, masonry
material, tempered glass, or a combination of these materials. The barrier shall not have any
openings or cracks. An interior noise study will also be required for second-story units on Lots
34 through 48.
D. PALEONTOLOGICAL RESOURCES
Significant Effect D-1
Based on the proven paleontological resource value of the Eocene-age sedimentary rocks
(undifferentiated Friars formations), the mass excavation of the commercial portion of the project
site has the potential to impact paleontological resources.
Facts in Support of Finding (1)
Mitigation Measure P-1 would require that the developer comply with all recommendations
stated in the Paleontological Resource Assessment prepared for the project site by providing
monitoring during grading of the site and with the authority to halt grading to recover fossils. In
addition to salvage, Mitigation Measure P-1 would require cleaning and cataloging of the
recovered fossils and donation to a scientific institution with a permanent paleontological
Candidate Findings La Costa Town Square General Plan Amendment
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collection. These requirements to salvage paleontological resources from the project site would
reduce any project impacts to a level less than significant.
E. BIOLOGICAL RESOURCES
Significant Effect E-1
Implementation of the proposed project would occur within an area designated for
development and is allowed to result in 100 percent impact to biological resources in
accordance with guidelines set forth in the HCP/OMSP. Accordingly, the project would cause
the onsite removal of all sensitive vegetation communities consisting of approximately 17.4
acres of Diegan coastal sage scrub and disturbed coastal sage scrub, 5.6 acres of native
grassland, 27.3 acres of nonnative grassland, 0.2 acre of riparian scrub, and 0.3 acre of
disturbed wetland.
Facts in Support of Finding (1)
Mitigation Measure B-1 requires salvage of onsite sensitive plant species within the sensitive
vegetation communities. Bulbs of these sensitive plant species, which consist of thread-leaved
brodiaea and Orcutt’s brodiaea, and the potential presence of San Diego thornmint, would
be relocated from the site to suitable habitat in an offsite open space preserve in accordance
with an open space acquisition and restoration plan, which shall include a 5-year
maintenance and monitoring program to ensure survival. These requirements, together with
implementation of the HCP/OMSP would reduce potential impacts to sensitive vegetation
communities to a level of less than significant.
Significant Effect E-2
Sensitive plant species that would be impacted by the proposed development are thread-leaved
brodiaea and Orcutt’s brodiaea; and San Diego thornmint would be potentially impacted.
Impacts to the following sensitive or noteworthy plant species would also be considered
significant: California adolphia, southwestern spiny rush, Palmer’s grappling hook, western
dichondra, and small-flowered microseris.
Facts in Support of Finding (1)
The impact associated with thread-leaved brodiaea and Orcutt’s brodiaea, and potentially
San Diego thornmint, would be partially mitigated by the open space dedication of the
Rancheros/Southeast II component of the HCP/OMSP for Properties in the Southeast
Candidate Findings La Costa Town Square General Plan Amendment
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Quadrant of the City of Carlsbad. Mitigation Measure B-1 for onsite occurrence of sensitive
plant species would require relocation of bulbs from the site to suitable habitat in an open
space preserve in accordance with an open space acquisition and restoration plan, which
shall include a 5-year maintenance and monitoring program to ensure survival. The impacts
to other sensitive species listed in Table 5.6-2 of the Draft EIR with a potential to occur onsite
would be considered significant but are mitigated under the HCP/OMSP. The requirements of
Mitigation Measure B-1 would further reduce potential impacts to sensitive plant species to a
level of less than significant.
Significant Effect E-3
The following eight sensitive wildlife species are expected to be indirectly impacted by
development of the project site: coastal California gnatcatcher, white-tailed kite, yellow-
breasted chat, California horned lark, loggerhead shrike, southern California rufous-crowned
sparrow, western spadefoot, and Belding’s orange-throated whiptail. Cooper’s hawks or
other native or migratory raptors may also nest within the project site.
Facts in Support of Finding (1)
These wildlife species are included in the list of covered species under the HCP/OMSP and
the project impact would be partially mitigated by the open space dedication of the
Rancheros/Southeast II component of the HCP/OMSP. Implementation of Mitigation Measure
B-2 would provide additional mitigation by prohibiting clearing and grading operations
during the period of January 15 to July 31 unless a preconstruction survey by a qualified
biologist determines that no active nests are present. Impacts to other potentially occurring
sensitive species listed in Table 5.6-3 of the Draft EIR are mitigated under the HCP/OMSP.
In addition, removal of any trees occupied by an active raptor nest must be avoided until after
the nesting season (July 15). A 200-foot buffer surrounding any active raptor nest shall also
be established where no clearing activities shall be allowed until the nesting season is
completed. These requirements would reduce potential impacts to sensitive wildlife species to
a level of less than significant.
Significant Effect E-4
Development of the project site would remove all identified onsite jurisdictional water and
wetlands, a total of 0.59 acre as shown in Table 5.6-6 of the Draft EIR. This impact is not
covered by the HCP/OMSP and will require additional mitigation.
Candidate Findings La Costa Town Square General Plan Amendment
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Facts in Support of Finding (1)
Implementation of Mitigation Measure B-3 would require mitigation at a 1:1 ratio for impacts
to 0.23 acre of ephemeral drainages and 0.15 acre of a man-made water quality basin; and
mitigation at a 3:1 ratio for impacts to 0.21 acre of riparian habitat/wetland. The mitigation
is required to be accomplished by creation and restoration/enhancement actions through
preparation and implementation of a restoration plan or by contribution to an approved
mitigation bank. Accomplishment of the required mitigation measure is required prior to the
issuance of a grading permit or any disturbance to onsite jurisdictional water and wetlands.
These requirements would reduce potential impacts to jurisdictional water and wetlands to a
level of less than significant.
Significant Effect E-5
The indirect effects from establishment of urban uses in the northeast portion of the project
site may indirectly impact biological resources within a portion of the HCP/OMSP preserve
area located to the east of the project site as shown in Figure 5.6-4 of the Draft EIR. These
indirect impacts would include increased human activity, increased ambient noise, higher
unnatural nighttime light levels, increased threat of road kill by traffic, spread of invasive plant
species into surrounding areas, and increased levels of scavengers attracted by trash on the
project site.
Facts in Support of Finding (1)
Implementation of Mitigation Measure B-4 would require control of trash during construction,
which, if not controlled, could attract scavengers that prey on sensitive wildlife. Mitigation
Measure B-5 would require that the developer provide all homebuyers with a list of invasive
plant species that should not be used in landscaping and that shall be identified in the
Covenants, Conditions, and Restrictions (CC&Rs) of the homeowners association as plants to
be prohibited in landscaping. Mitigation Measure B-6 would require development of a public
information program in cooperation with the City to provide a brochure for distribution to
homeowners and the homeowners associations that describes the natural resources and
prohibited activities within the HCP/OMSP conserved habitat; and landscaping and fuel
break planting brochure for homeowners and homeowner associations adjacent to conserved
habitat. These mitigation measures will reduce the indirect impacts to biological resources to
a level of less than significant.
Candidate Findings La Costa Town Square General Plan Amendment
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F. HYDROLOGY/WATER QUALITY
Significant Effect F-1
The use of these water trucks for dust suppression during grading for the proposed project
increases the potential for silt to exit the project site and enter the Encinitas Creek watershed.
Increased erosion may also occur from construction activities that modify or fill and reroute
existing drainage patterns. Therefore, the proposed project has the potential to result in
significant adverse impacts related to erosion and siltation and to contribute to the increased
impairment of Encinitas Creek, a California Section 303(d)-listed waterbody.
Facts in Support of Finding (1)
Mitigation Measures WQ-1 and WQ-2 will require that a Storm Water Pollution Prevention
Program (SWPPP) be approved by the City Engineering Department prior to issuance of a
grading permit for the project. The SWPPP will be required to demonstrate that pollutants will
be controlled through compliance with the City of Carlsbad Standard Urban Stormwater
Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08,
National Pollutant Discharge Elimination System [NPDES] CAS000002), and the General
Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES CAS0108758).
Implementation of these mitigation measures will reduce the potential impacts from erosion
and siltation contributing to increased impairment of Encinitas Creek, to a level of less than
significant.
Significant Effect F-2
Construction and post-construction conditions of the project site would have the potential to
produce the following pollutants: sediments, nutrients, metals, organic compounds, trash and
debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides.
These pollutants potentially generated on the project site may adversely affect water quality.
Facts in Support of Finding (1)
The proposed project has prepared a Storm Water Management Plan (SWMP) that defines in
detail the post-construction best management practices (BMPs) to be implemented for the
proposed project. The SWMP provides all information as required by the City of Carlsbad
SUSMP and incorporates the current BMPs using Best Available Technologies/Best Conventional
Technologies (BAT/BCT) available at this time for pollution and erosion/sediment control, as
Candidate Findings La Costa Town Square General Plan Amendment
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referenced in the California Storm Water Best Management Practices Handbook for
Construction, New Development and Redevelopment.
As stated above and in accordance with Mitigation Measures WQ-1 and WQ-2, the proposed
project will comply with all requirements of State Water Resource Control Board (SWRCB) Order
No. R9-2007-0001 (NPDES Permit No. CAS0108758), Order 99-08 (General Construction
Permit CAS000002), and any other applicable NPDES order. In accordance with such permits,
a SWPPP and a Monitoring Program Plan shall be developed prior to issuance of grading
permits, and an NOI shall be filed with the SWRCB, meeting all regulatory standards. In
addition, Mitigation Measure WQ-3 would require all sales or leases to include, through
CC&Rs, language to enforce proper removal of toxic and hazardous waste products,
agreements not to discharge toxic chemicals or fluids into any street or storm drain system,
adherence to all laws for use of chemical landscaping treatments, and BMPs to reduce surface
pollutants. Implementation of Mitigation Measures WQ-1, WQ-2, WQ-3, and the specific
requirements described above, reduces the potential for water quality impact from the project to
a level of less than significant.
G. GEOLOGY AND SOILS
Significant Effect G-1
The project site is located in a seismically active region and contains potentially unstable
geology and soils conditions. Recommendations to ensure the stability of the structures,
ground, and slopes, given the potential for seismic events, are provided in the Compilation of
Reports for La Costa Town Square in Appendix I of the Draft EIR. Impacts of the proposed
project related to stability of structures, ground, or slope would be significant unless the
project is designed and constructed in accordance with engineering measures that address
the specific site conditions.
Facts in Support of Finding (1)
The project will be required to adhere to local and state building codes, to be verified by a
City of Carlsbad building inspector, and will implement Mitigation Measure GS-1, which
requires that prior to issuance of a grading permit, a final geotechnical report that addresses
site-specific geotechnical considerations shall be submitted to the City Engineer for approval.
The final geotechnical report shall update the recommendations provided in the preliminary
geotechnical report for this project and shall address in further detail the engineering
measures for project-specific site conditions needed to minimize seismic-related impacts,
Candidate Findings La Costa Town Square General Plan Amendment
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erosion and loss of topsoil, unstable geologic units, or expansive soils. The project
construction and maintenance will be required to comply with the recommendations of the
final report and any modifications proposed by the City Engineer. This will reduce the
hazardous conditions of seismic-related events and onsite geology and soils conditions to a
level of less than significant.
H. HAZARDS
Significant Effect H-1
The project site may experience some incidental flooding, mainly along Rancho Santa Fe Road
and La Costa Avenue. Additionally, the eastern corner of the project site is within the mapped
inundation area of the Stanley A. Mahr Reservoir and could experience flooding from failure of
La Costa Dam within the project area shown in Figure 5.9-1 of the Draft EIR. Flooding may also
occur in the southern portion of the project site surrounding the proposed detention basins.
While evacuation plans have been established as described in the Draft EIR and the site is
located adjacent to two emergency escape routes, loss of property due to flooding caused by
dam failure could occur.
Facts in Support of Finding (1)
Mitigation Measure H-1 would require that all portions of development within the dam
inundation area of the Stanley A. Mahr Reservoir receive notification as part of the standard
ownership disclosure package and CC&Rs that their property is within the dam inundation
area and is subject to potential loss of property in the event of dam failure. This notification
would reduce the potential impact from dam failure and flooding to a level of less than
significant.
I. VISUAL AESTHETICS/GRADING
Less than Significant Effect I-1
The proposed project will introduce urban development on a currently vacant site and views
onto the project site from nearby properties and from Rancho Santa Fe Road and La Costa
Avenue would change with development of the site. Visual simulations of the project based
on landform changes that would occur from implementation of the project are shown in
Figures 5.10-2 through 5.10-4 of the Draft EIR. These simulations show that the project
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would be visible but would not block distant views of the oceans and hills from the simulated
viewpoint locations.
Facts in Support of Finding (1)
The project does not have the potential to block any significant scenic views from the
surrounding land uses as no scenic vistas through or of the project site have been identified in
the City’s adopted Scenic Corridor Guidelines. The Scenic Corridor Guidelines are intended
to be used as a guide for improvements that take place within or adjacent to the rights-of-way
for identified scenic corridors. La Costa Avenue is identified as a “community theme corridor”
in the Scenic Corridor Guidelines; and La Costa Avenue, Olivenhain Road, and Rancho
Santa Fe Road are identified as “community scenic corridors” in the Scenic Corridor
Guidelines. No specific guidelines have been established for these roads. Therefore, the
visual effects of the project would not block any scenic vistas from designated or known
scenic viewpoints or conflict with any design requirements of the City’s Scenic Corridor
Guidelines.
Less than Significant Effect I-2
Implementation of the General Plan goals, objectives, and implementing policies and action
programs, the Municipal Code, Landscape Manual, and other associated City regulatory
tools, will ensure that development of the proposed project is compatible with existing
development surrounding the project site.
Facts in Support of Finding (1)
As described in Section 5.10 of the Draft EIR, the project would be consistent with Objective
B.2 of the Land Use Element for Overall Land Use Pattern by providing a European/Tuscan
form of style and architecture and would include landscape features such as open plazas,
visual landmarks, water features, specialty paving, site furniture, and tree and rich landscape
plantings. The commercial portion of the project would also be consistent with Objective B.3
of the Land Use Element for Commercial development through the design and arrangement
of commercial uses in one- and two-story configurations and with open space buffers to
create privacy to the residences from surrounding roadways and commercial uses. The
project would maintain high commercial development standards addressing landscaping,
parking, signs, and site and building design, to ensure that the development is visually
compatible with surrounding land uses.
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The project would also be consistent with Objective B.5 of the Circulation Element by providing
safe, adequate, and attractively landscaped parking facilities in a visual setting of open plazas,
visual landmarks, water features, specialty paving, site furniture, and tree and rich landscape
plantings. Objective B.4 of the Arts Element, which seeks during land development reviews to
give consideration to aesthetic issues, City land forms, landscaping, and architecture, would be
met by the European/Tuscan form of style and architecture and the landscape and site planning
features described above.
Less than Significant Effect I-3
The potential issue that the project’s proposed commercial uses could lead to urban decay by
causing other commercial properties within the project’s market area to be abandoned was
also analyzed in the Draft EIR.
Facts in Support of Finding (1)
A market analysis was performed in June 2008 and updated in February 2009 (CBRE
Consulting 2008, 2009; Appendix K of the Draft EIR) to analyze the potential for the proposed
retail center of the project to cause urban decay. The study estimated sales for the commercial
uses and the amount estimated to be generated by market area residents. The study identified
nine existing and six planned commercial centers of comparable size and estimated sales
“leakage” (i.e., spending outside the market area by local residents) that would be recaptured by
the proposed retail center. The 2008 study was updated in 2009 to examine the current
national recession and consider whether the project would exacerbate any negative economic
conditions in the local retail sector and be the cause of urban decay.
The study and update concluded that whether or not the La Costa Town Square opens, there are
likely to be some store closures in the project’s market area and, because of depressed
economic conditions, it will take longer to find replacement tenants than would be the case
under normal economic conditions. The updated analysis also noted that while retail vacancy
rates countywide increased from 3.0 percent in third quarter 2008 to 3.4 percent in the fourth
quarter, “vacancy rates of 5.0 percent or lower are generally considered healthy by commercial
real estate brokers” (CBRE Consulting 2009).
Market-area store closures have been affected by national retail chain closures and by older
grocery stores that had been underperforming before the economic downturn and lacked size
and amenities to compete with newer grocery stores. The CBRE study concluded that while the
national economic conditions will continue to impact the local market area, the more favorable
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local demographic conditions of the project’s market area can be expected to sustain local retail
demand and ultimately draw new businesses to the area as the economy improves. Thus, while
there may continue to be vacant stores within the market area, such vacancies are not likely to
cause physical deterioration of commercial areas in Encinitas and Carlsbad and, therefore, such
vacancies would not constitute urban decay and no long-term visual impacts are expected to
occur.
Less than Significant Effect I-4
According to the proposed grading plan, approximately 66.6 acres (or 80 percent) of the 83-
acre project site will be graded and will result in a total of 793,000 cubic yards of grading.
Cut and fill slopes would be up to approximately 46 feet in height in the proposed single-
family parcel and up to approximately 30 feet in height for the proposed commercial and
office parcels. The total volume of grading would be approximately 11,454 cubic yards per
acre (cy/ac) for the 22.7-acre single-family site, 12,540 cy/ac for the 37.32-acre commercial
site, and 9,894 cy/ac for the 6.54-acre office site. The multi-family residential parcel was
previously graded to provide a relatively flat building site and only minor re-grading would be
required by the project.
Facts in Support of Finding (1)
Proposed grading for the single-family residential parcel will result in many lots having rear yard
slope heights of over 35 feet, with the highest slope being 40 feet, in order for the building pads
to “step down” from the higher elevation at Rancho Santa Fe Road, which ranges from 378 to
420 feet above mean sea level (AMSL), to the elevation at La Costa Avenue, which ranges from
262 to 290 feet AMSL. However, these slopes in excess of 35 feet high are located in the
interior of the residential area and, with construction of homes, would have limited visibility from
offsite. In addition, the tallest proposed manufactured slope visible from offsite will be
approximately 46 feet in height, located along La Costa Avenue on Open Space Lot 68 of the
residential parcel. This slope height is necessitated by the need to maintain reasonable street
grades for access to the residential lots.
The Hillside Development Ordinance allows the decision-making body to approve modifications
to the ordinance’s development and design guidelines if the modification will result in
manufactured slopes that are more aesthetically pleasing and natural appearing than would a
strict adherence to the requirements of the ordinance. Approval of the modification to the
development and design guidelines of the Hillside Development Ordinance would not cause a
significant visual aesthetics/grading impact if findings are made that the modification will result
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in manufactured slopes that are more aesthetically pleasing and natural appearing than would a
strict adherence to the requirements of the ordinance.
The modification is proposed to be mitigated by extensive landscaping along the manufactured
slopes and will be aesthetically pleasing and natural appearing. Reducing the grading quantities
would require much steeper streets for many residents to get access to their properties and be
less appealing for the new residents. Approval of the modification to the development and
design guidelines of the Hillside Development Ordinance would not cause a significant visual
aesthetics/grading impact. The project site was previously anticipated to be fully developed with
the approval of the Habitat Conservation Plan and mitigated the impacts with the preservation of
open space which is equal or greater than that of the site.
Grading for the commercial parcel will result in building pads located up to approximately 22
feet below Rancho Santa Fe Road at the intersection of Paseo Lupino; and fill slopes ranging
from approximately 17 feet to 30 feet above La Costa Avenue. Features of the grading design in
the commercial and office area of the project that reduce the visual impact of the exterior
graded slopes on La Costa Avenue are the provision of vegetated swales at the top and toe of
the slope to carry drainage within a landscape feature, rather than in a pipe or concrete culvert;
and the site plan for the project, which would locate the proposed department store a minimum
of 180 feet from La Costa Avenue, thus providing a landscaped foreground view from La Costa
Avenue and from the residences on the south side of the street.
As described in Section 5.1, Land Use and Planning, of the Draft EIR, while grading for the
proposed commercial and office parcels would exceed 10,000 cy/ac, the Hillside Development
Regulations state that nonresidential development is not required to comply with the volume of
grading and slope height requirements of the ordinance and allows the Planning Director and
City Engineer to approve the grading plan based on “written and graphic exhibits to justify the
proposed grading.” The applicant states that the proposed commercial and office project
requires large building pads for accessible parking and building structures. Nevertheless, every
effort has been made to keep the amount of grading at a minimum taking into account the uses
proposed, user safety, functional design, and walk-ability. In addition, grading for the office site,
which would result in slopes of up to approximately 26 to 30 feet in height and are over 200
feet in length, are contoured to follow the curve of La Costa Avenue and curve around water
detention basins. The slopes are undulated and contoured vertically to produce varied slope
gradients as required.
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Less than Significant Effect I-5
The project site is located in an urbanized area with primarily residential uses adjacent to the
site and would be a new source of light and glare, primarily from the commercial and office
parcels, and would convert 83 acres of unlighted space to urban uses as designated by the
Carlsbad General Plan.
Facts in Support of Finding (1)
Existing light sources near the project site are a neighborhood commercial center located
adjacent to the southwest and from two neighborhood lighted tennis courts in the multifamily
residential development located along Calle Timiteo and tennis courts and ball fields located
in Stagecoach Park and at La Costa Canyon High School. Other existing light sources are
street lighting and private yard lighting in the residential areas and nighttime traffic on
Rancho Santa Fe Road. Due to the existing General Plan designation of the project site for
urban residential and commercial uses, lighting for the project would not be inconsistent with
typical lighting needed to support these uses.
In addition, the City Planning Department would review the project’s exterior commercial and
parking lot lighting pursuant to Section 21.31.080(G) of the Carlsbad Municipal Code,
which states as follows: “Exterior lighting is required for all employee and visitor parking
areas, walkways, and building entrances and exits. Light sources shall be designed to avoid
direct or indirect glare to any offsite properties or public rights-of-way.” This review requires
that the developer submit and obtain Planning Director approval of an exterior lighting plan,
including parking areas, which demonstrates that all lighting is designed to reflect downward
and avoid any impacts on adjacent homes or properties.
Proposed project signs would also be subject to City Planning Department review for
compliance with the City Sign Ordinance (Chapter 21.41 of the Municipal Code), which
does not allow blinking or flashing lights or exposed lighting elements within 500 feet of
residentially zoned properties. Due to the absence of adjacent habitat areas, nighttime
lighting at the project site would not cause a significant impact to wildlife. Therefore, impacts
associated with light and glare would be less than significant.
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J. PUBLIC SERVICES AND UTILITIES
Water Supply and Facilities
Less than Significant Effect J-1
The Draft EIR concludes that there is an adequate availability of water through the San Diego
County Water Authority (SDCWA) and Olivenhain Municipal Water District (OMWD) to serve
the proposed project.
Facts in Support of Finding (1)
As described in Section 5.11.1 of the Draft EIR, OMWD, the water service provider for the
project, states in their letter of January 8, 2009, that “[t]he District has or will have adequate
facilities to serve the project.” Also contained in Appendix L of the Draft EIR is the La Costa Town
Square Water System Analysis prepared for OMWD by AECOM, which further states that “the
development can be served during a peak hour demand condition with a minimum residual
pressure greater than 60 psi [pounds per square inch], and during a maximum day plus 1,500
gpm [gallons per minute] fire flow demand condition with residual pressures greater than 20 psi
in the vicinity of the fire.” Additionally, the Zone 11 LFMP water service performance standard
requires that “line capacity to meet the demand as determined by the appropriate water district
must be provided concurrent with development.”
In April 2007, SDCWA adopted an update to the 2005 Urban Water Management Plan
(UWMP) (SDCWA 2007b), which identifies a variety of water resources projected to be
developed through the year 2030 to ensure long-term water supply reliability for the region, and
which relied on the SANDAG regional growth projections for water supply planning. Although
SDCWA’s sole for its imported water supply is the Metropolitan Water District (MWD) of
southern California, MWD has ensured long-term reliability through its UWMP and Integrated
Resource Planning process. In addition to imported water, SDCWA identifies supply goals for
supplemental sources of water for the year 2030, including groundwater, recycled water, and
seawater desalination. Through its imported water supply and identified supplemental water
sources, SDCWA plans to meet the County’s and OMWD’s needs through the year 2030.
Under California Water Code Section 10912, a Water Supply Assessment would need to be
prepared by OMWD if the land uses proposed by the project met any one of the following
criteria: more than 500 dwelling units; more than 500,000 square feet of commercial space;
more than 250,000 square feet of office space; more than 1,000 employees; or would demand
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an amount of water equivalent to or greater than the amount required by a 500-dwelling-unit
project. In 2006, OWMD completed a study that analyzed actual water usage for all residential
customers in its service area and determined that 500 single-family units would demand
350,000 gallons per day (gpd), while 500 multifamily units would demand 250,000 gpd. Using
either metric, the project’s estimated water demand of 186,862 gpd as shown in Table 5.11-1
of the Draft EIR, would not meet the equivalent demand of a 500-dwelling unit project.
Therefore, the project would meet the City’s Zone 11 LFMP standards for avoidance of a
significant water impact and would not require construction of new water facilities, the
construction of which may cause significant environmental impacts.
Wastewater Treatment Facilities
Less than Significant Effect J-2
The Draft EIR concludes that there is adequate trunk line and wastewater treatment capacity
to serve the proposed project.
Facts in Support of Finding (1)
The Zone 11 LFMP requires that the developer shall meet with and obtain approval from the
Leucadia Wastewater District (LWD) in regard to sewer infrastructure available or required to
serve the project; and that building permits will not be issued for development of the subject
property unless the appropriate agency determines that sewer and water facilities are available.
The LWD Planning Study does not recommend any other major sewer trunk lines within Zone
11. Two 12-inch sewer lines exist from stubs in La Costa Avenue and Camino de Los Coches to
the existing 12-inch sewer line in Stagecoach Park. These two pipelines will be needed to serve
the portion of Zone 11 in LWD that is north of the existing La Costa Avenue and east of the
existing Camino De Los Coches.
Based on the Zone 11 LFMP requirement that the developer obtain approval from the LWD
regarding sewer infrastructure to serve this project and the fact that no additional trunk lines or
other major wastewater facilities are needed to serve the project, the project would have no
significant impact to wastewater treatment facilities or from new construction or expansion of
wastewater conveyance facilities.
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Gas and Electric
Less than Significant Effect J-3
The Draft EIR concludes that there are adequate gas and electric facilities to serve the
proposed project.
Facts in Support of Finding (1)
Projected usage of natural gas and electricity based on development of the project site is
provided in tables 5.11-2 and 5.11-3 of the Draft EIR. The existing electricity and gas
infrastructure located within or adjacent to the project site would provide adequate service to the
proposed project. As such, the project would not result in substantial adverse physical impacts
associated with the provision of new or physically altered local infrastructure facilities. The
proposed development results in additional natural gas and electricity demands; however,
energy demands created by the project are typical of urban development and can be
accommodated by existing facilities within the project area. The impact to gas and electric
services resulting from implementation of the proposed development activities would be less
than significant.
Police Services
Less than Significant Effect J-4
The Draft EIR concludes that there are adequate police services available to serve the
proposed project.
Facts in Support of Finding (1)
The City of Carlsbad provides police protection services to the project site, which is located
within police service area Beat 10. The response time within Beat 10 is currently 7.83 minutes
for Priority 1 emergencies based on statistics from the period of January 1 – July 2, 2008.
Response time for calendar year 2007 was 7.37 minutes.
As stated in the Draft EIR, the Carlsbad Police Department has advised that the proposed project
would not adversely impact the level of service they presently provide to the area. Since the
current levels of service are adequate for the proposed project, there are no plans for expansion
Candidate Findings La Costa Town Square General Plan Amendment
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of facilities at this time and there would be no impact associated with provision of new or
physically altered police services.
Fire Services
Less than Significant Effect J-5
The Draft EIR concludes that there are adequate fire services available to serve the proposed
project.
Facts in Support of Finding (1)
The City of Carlsbad Fire Department provides all basic fire and advanced emergency medical
services to the project site. Additionally, the Fire Department has agreements with other agencies
to provide additional services such as hazardous materials incident responses. The nearest City
fire station to the project site is City Fire Station 6, located on Rancho Santa Fe Road, 0.75 mile
north of the project site.
According to the Zone 11 LFMP, all future development in Zone 11 is within the 5-minute
response time of Fire Station 6 and Zone 11 will conform to the fire performance standards
through buildout. Therefore, Zone 11 meets the adopted performance standard and will
continue to meet the performance standard through buildout of the City and there are no
special conditions that need to be complied with prior to development and operation of the
proposed land uses. In addition, the Water System Analysis prepared for the project (see Draft
EIR Appendix L) determined that water service to the project meets or exceeds the minimum fire
flow demands of at least 1,500 gallons per minute (gpm) of fire flow for the proposed residential
development areas and 3,500 gpm of fire flow for the proposed commercial and office
development areas. Therefore, the proposed project will have no impact on fire facilities in Zone
11 or within Carlsbad.
School Services
Less than Significant Effect J-6
The Draft EIR concludes that Encinitas Union School District (EUSD) and San Dieguito Union
High School District (SDUHSD) have adequate school facilities to accommodate the
proposed project.
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Facts in Support of Finding (1)
According to the Zone 11 LFMP, EUSD entered into an agreement with Real Estate Collateral
Management, the major landholder of the project area, which provides for the dedication of
school sites in exchange for school availability letters. This agreement has been in force for the
last several years and has resulted in the dedication of the La Costa Heights, Mission Estancia,
and El Camino Creek elementary school sites.
Government Code Section 65995 et seq. and Education Code Section 17620, provide for the
collection of schools fees for residential development based on a fee of $2.97 per square foot
of habitable residential space and $0.47 per square foot of enclosed and covered commercial
space. This fee is shared by EUSD and SDUHSD.
The proposed project would generate a total of 86 additional elementary school students.
Mission Estancia Elementary School is currently operating under its capacity and the projected
86 students could currently be accommodated at this school. EUSD foresees no problems with
providing services to the proposed project at this time; therefore, no impact associated with this
issue is anticipated to occur.
The proposed project would generate a total of 20 new middle school students and 41 new
high school students. Diegueño Middle School and La Costa Canyon High School serve the
project. According to SDUHSD, the proposed project would contribute to the need for additional
classrooms and support facilities at Diegueño Middle School. In conjunction with other future
development of the La Costa area, this project would affect future year enrollment that would
approach the capacity of La Costa Canyon High School and require further expansion.
Because of the small number of students generated by the project and the requirement for
payment of school fees, including from the proposed commercial and office development, the
impact to schools would not be significant. The proposed project would also not necessitate the
development of new schools or physically altered facilities; therefore, no impact from the
construction or expansion of schools would result from the project.
Library Services
Less than Significant Effect J-7
The Draft EIR concludes that there are adequate library facilities to serve the proposed
project.
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Facts in Support of Finding (1)
The Carlsbad City Library System, a department of the City of Carlsbad, operates and plans
for the provision of library services to residents of the city. The LFMP performance standard
for library services is no less than 800 square feet of library space per 1,000 population.
To meet the LFMP performance standard, the City should currently provide at least 81,102
square feet of library space and by the Year 2030 would need at least 101,634 square feet
of library space. The library system currently provides a total of over 102,200 square feet of
library space, or 122 percent of the currently-required space; therefore, the potential
population from the proposed project would not impede the ability of the library department
to meet its current LFMP performance standard. In addition, the project will pay its portion of
the public facility fees identified in the LFMP toward library project funding. No specific
construction or expansion of library facilities will be required with implementation of the
proposed project; therefore, there is a less than significant impact from the project on the
adequate provision of library services.
Solid Waste
Less than Significant Effect J-8
The Draft EIR concludes that there are adequate solid waste services available to serve the
proposed project.
Facts in Support of Finding (1)
The City of Carlsbad provides solid waste services through its contractor, Waste Management,
Inc. In addition, Waste Management of North County/Coast Waste Management operates a
household hazardous waste drop-off location in Oceanside at 2880 Industry Street.
Solid waste from Carlsbad is hauled to four landfills, with the majority of the solid waste being
sent to the Otay Mesa and Sycamore Canyon facilities. According to the Draft EIR, Otay Mesa
has a permitted daily capacity of 3,500 tons but is receiving only 981 tons daily and has an
estimated life expectancy of 37 years to 2033; and the Sycamore Canyon landfill has a
permitted daily capacity of 2,500 tons but is receiving only 900 tons daily and has an estimated
life expectancy of 62 years, to 2058.
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During the construction of the proposed residential and commercial developments, a significant
amount of construction-related waste will be generated. The type of construction waste will
range from construction worker personal waste to hazardous materials associated with
architectural coatings. According to Waste Management, Inc., the amount of construction-
related waste that will be generated is not considered significant. The contractors will be
responsible for recycling of the construction materials, while Waste Management will provide
containers necessary for all types of collection needs. Any hazardous materials-related waste is
required by federal, state, and local regulations to be disposed of appropriately.
Table 5.11-6 of the Draft EIR estimates that approximately 74,088 pounds per day (13,521 tons
per year) of solid waste would be generated by the La Costa Town Square Project upon its full
occupancy. According to the Draft EIR, Waste Management has advised that it foresees no
problems with providing waste collection service for the project site.
As stated in the Draft EIR, the City has indicated that it has achieved a 44 percent diversion rate
for solid waste. Therefore, the estimated amount of project solid waste to be disposed at the
landfills would be reduced to 7,572 tons per year. Although the proposed project would
increase demand for solid waste collection and increase the quantity of solid waste being hauled
to landfills, it would not generate solid waste that exceeds present or planned landfill capacity.
Therefore, no significant impact associated with solid waste would occur.
(2) Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency.
A. TRANSPORTATION/CIRCULATION
Significant Effect A-1
The project would contribute to the following significant traffic impacts to roadway segments
and intersections outside the jurisdiction of Carlsbad:
Roadway Segments
• I-5 Freeway segments in the project area currently operate at level of service (LOS) F
during peak hours
• Rancho Santa Fe Road between Melrose Drive and Island Drive in San Marcos
currently operates at LOS E and would operate at LOS F with cumulative contribution
of project traffic in year 2030
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• Leucadia Boulevard between Quail Gardens Drive and El Camino Real in Encinitas
would receive additional project traffic that would worsen LOS E conditions in year
2030
• San Elijo Road between Rancho Santa Fe Road and Elfin Forest Road in Encinitas
would receive additional project traffic that would worsen LOS F conditions in year
2030
Intersections
• Rancho Santa Fe Road and El Camino del Norte in Encinitas would experience
increased traffic delay at an intersection currently operating at LOS E (AM peak hour)
and LOS D (PM peak hour); and cause LOS E (AM and PM) peak hour conditions in
the Existing Plus Project scenario, LOS F (AM) and LOS E (PM) peak hour conditions in
year 2010, and LOS F (AM and PM) peak hour conditions in year 2030
Facts in Support of Finding (2)
I-5 Freeway Segments
Improvement to the I-5 Freeway segments identified in the Draft EIR would require alteration
or reconstruction of facilities that are under the jurisdiction of Caltrans, which has no current
plans or funding for improvements that would increase the capacity of these freeway
segments. Improvements needed to avoid would include provision of additional freeway
lanes. It is beyond the capability of the applicant to effect improvements that would avoid
significant cumulative project impacts.
Rancho Santa Fe Road Segments in San Marcos
Improvement to the Rancho Santa Fe Road segments in San Marcos would require alteration
or reconstruction of facilities that are under the jurisdiction and maintained by the City of San
Marcos. Improvements to provide sufficient roadway capacity to avoid LOS F conditions in
year 2030 would require widening from the existing four lanes to six lanes. As shown in Table
5.2-20 of the Draft EIR, the project would contribute only 510 ADT to the portion of Rancho
Santa Fe Road between San Marcos Boulevard and Island Drive, which would carry 53,942
ADT without the project; and contribute 1,021 ADT to the portion between Island Drive and
Melrose Drive, which would carry 43,702 ADT without the project. It would be an
inequitable requirement and beyond the capability of the applicant to effect improvements
that would avoid significant cumulative project impacts.
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Olivenhain Road Segment in Encinitas
Improvement to the Olivenhain Road segment in Encinitas would require alteration or
reconstruction of facilities that are under the jurisdiction and maintained by the City of
Encinitas. Improvements to provide sufficient roadway capacity to avoid a change from LOS
D without the project to LOS E under the Existing Plus Project scenario, would require
widening from the existing five lanes. As shown in Table 5.2-10 of the Draft EIR, the project
would contribute only 3,062 ADT to the portion of Olivenhain Road between El
Camino Real and Rancho Santa Fe Road, which would carry 42,600 ADT without the project.
It would be an inequitable requirement and beyond the capability of the applicant to effect
improvements that would avoid significant cumulative project impacts.
Leucadia Boulevard Segment in Encinitas
Improvement to the Leucadia Boulevard segment in Encinitas would require alteration or
reconstruction of facilities that are under the jurisdiction and maintained by the City of
Encinitas. Improvements to provide sufficient roadway capacity to avoid LOS E conditions in
year 2030, which would occur with or without the proposed project, would require widening
from the existing four lanes. As shown in Table 5.2-20 of the Draft EIR, the project would
contribute only 2,041 ADT to the portion of Leucadia Boulevard between Quail Gardens
Drive and El Camino Real, which would carry 41,661 ADT without the project. It would be
an inequitable requirement and beyond the capability of the applicant to effect improvements
that would avoid significant cumulative project impacts.
San Elijo Road Segment in Encinitas
Improvement to the San Elijo Road segment in Encinitas would require alteration or
reconstruction of facilities that are under the jurisdiction and maintained by the City of
Encinitas. Improvements to provide sufficient roadway capacity to avoid LOS F conditions in
year 2030, which would occur with or without the proposed project, would require widening
from the existing four lanes. As shown in Table 5.2-20 of the Draft EIR, the project would
contribute only 2,552 ADT to the portion of San Elijo Road between Rancho Santa Fe Road
and Elfin Forest Road, which would carry 40,848 ADT without the project. It would be an
inequitable requirement and beyond the capability of the applicant to effect improvements
that would avoid significant cumulative project impacts.
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Rancho Santa Fe Road and El Camino del Norte Intersection in Encinitas
Improvement to the Rancho Santa Fe Road and El Camino del Norte intersection in Encinitas
would require alteration or reconstruction of facilities that are under the jurisdiction and
maintained by the City of Encinitas. As shown in Table 5.2-5 of the Draft EIR, the intersection
currently operates at LOS E (AM) and LOS D (PM) and, as shown in Table 5.2-21of the Draft
EIR, would worsen to LOS F (AM) and LOS E (PM) by year 2030 without the project. In year
2030, the intersection would experience an average AM peak hour delay of 76.3 seconds
(LOS F) without the project and 88.3 seconds (LOS F) with the project; and an average PM
peak hour delay of 45.3 seconds (LOS E) without the project and 64.5 seconds (LOS F) with
the project. According to analysis provided in the Traffic Impact Analysis prepared for the
project (Urban Systems Associates 2008), signalization or the installation of a roundabout
would improve the intersection’s AM and PM operating conditions to acceptable levels of
service, which would reduce the project and cumulative impact to a level less than significant.
However, because the City of Encinitas does not intend to implement mitigation such as
signalization or a roundabout, the project and cumulative impact at this intersection would
remain significant and unmitigated. Therefore, it would be beyond the capability of the
applicant to effect improvements that would avoid significant cumulative project impacts.
(3) Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly skilled workers,
make infeasible the mitigation measures or alternatives identified in the Draft EIR that
would reduce this impact to less than significant.
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A. AIR QUALITY
Significant Effects
As shown in Table 5.3-4 of the Draft EIR, total air pollution emissions from the project’s
mobile and area sources would exceed the threshold for significance for CO and PM10.
Facts in Support of Finding (3)
The project’s Air Quality impact is the result of the 25,516 ADT generated by motor vehicles
traveling to and from the project’s residential, commercial, and office land uses. It is beyond the
technical capability of the project applicant or the City to mitigate the air quality impact of motor
vehicle emissions.
Alternative 1 - No Project: No Development Alternative
The No Project: No Development Alternative assumes that no development would occur on
the project site and the site would remain vacant. This alternative would avoid most of the
significant environmental effects associated with implementation of the proposed project. This
alternative is technically feasible and would avoid the project’s Air Quality impacts, but would
not achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives
that would not be achieved include strengthening the City’s tax base, providing shopping and
job opportunities, ensuring that the commercial services under the La Costa Master Plan are
fulfilled, and offering additional residential areas with a range of housing types and prices.
Additionally, this alternative does not meet the objectives of the City’s General Plan, as the
project site is identified for the following land use designations: Office and Related
Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-Medium Density
Residential (RLM). Therefore, the City’s General Plan expects development of the property at
some time in the future.
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes
that the project site would be developed pursuant to the existing General Plan Land Use
designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR,
implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative would result in approximately a 1 to 2 percent increase or decrease in ADT in
Candidate Findings La Costa Town Square General Plan Amendment
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comparison to the proposed project. Therefore, implementation of this alternative would not
avoid significant and unmitigated impacts to Air Quality.
Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative would result in
the dedication of Biological Open Space to the east of the proposed Open Space Corridor in
place of the proposed 64 single-family residential units. The remainder of the project would
be developed with the same multifamily residential, shopping center, and office uses as the
proposed project. This alternative would preserve sensitive biological resources on the 24.39-
acre single-family residential site and would reduce impacts the project’s significant effects by
eliminating 640 ADT from the project. However, this alternative would still generate
approximately 24,876 ADT from the remaining proposed commercial, office, and multifamily
development and, therefore, would not avoid significant and unmitigated impacts to Air
Quality.
B. NOISE
The Draft EIR concluded that potentially significant project noise impacts at the commercial
center from loading dock operations, the outdoor gathering area, and heating and air
conditioning equipment, would be avoided by proposed mitigation measures N-3, N-4, and
N-5; and that traffic noise on Rancho Santa Fe Road affecting the adjacent portion of the
proposed single-family neighborhood, would be avoided by proposed mitigation measure N-
6. The impact of temporary drilling and blasting noise would be reduced by compliance with
mitigation measures N-1 and N-2, but not to below a level of significance.
Significant Effects
Implementation of the proposed project would result in significant short-term impacts from
drilling and blasting noise during grading for construction of the project.
Facts in Support of Finding (3)
As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards of rock
material is anticipated to be excavated within the onsite granitic rock formation and would
involve drilling and blasting to excavate this material. The closest existing residence to the
blasting area would be a home located approximately 30 feet away on Sitio Lima; other
homes would be located approximately 150 or more feet from the blasting area. In the worst-
Candidate Findings La Costa Town Square General Plan Amendment
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case scenario, the maximum noise level at the nearest residence could be as high as 100
dBA; a few other residences may be affected by noise levels up to 80 dBA. As rock is
excavated from the areas nearest the residences, the drilling and blasting operational noise
would be reduced as these activities were relocated farther from the residential area. Drilling
and blasting would be the most cost-effective means to loosen the granitic rock for
excavation. It would also reduce the period required for grading the site in comparison to use
of conventional earth-moving equipment and would more efficiently reduce the rock to a size
that can be loaded into the onsite portable rock crusher for use as fill material within the
project site.
Alternative 1 - No Project: No Development Alternative
The No Project: No Development Alternative assumes that no development would occur on
the project site and the site would remain vacant. This alternative would avoid most of the
significant environmental effects associated with implementation of the proposed project. This
alternative is technically feasible and would avoid the project’s Noise impacts, but would not
achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives that
would not be achieved include strengthening the City’s tax base, providing shopping and job
opportunities, ensuring that the commercial services under the La Costa Master Plan are
fulfilled, and offering additional residential areas with a range of housing types and prices.
Additionally, this alternative does not meet the objectives of the City’s General Plan, as the
project site is identified for the following land use designations: Office and Related
Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-Medium Density
Residential (RLM). Therefore, the City’s General Plan expects development of the property at
some time in the future.
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes
that the project site would be developed pursuant to the existing General Plan Land Use
designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR,
implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative would result in temporary significant and unmitigated noise and vibration impacts
related to blasting and drilling that would be similar to the proposed project. Therefore,
implementation of this alternative would not avoid significant and unmitigated Noise impacts.
Candidate Findings La Costa Town Square General Plan Amendment
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Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative would result in
the dedication of Biological Open Space to the east of the proposed Open Space Corridor in
place of the proposed 64 single-family residential units. The remainder of the project would
be developed with the same multifamily residential, shopping center, and office uses as the
proposed project. This alternative would preserve the 24.39-acre single-family residential site
in its current condition and grading, drilling, and blasting in close proximity to the existing
homes to the east would not occur. This alternative would avoid the project’s significant
Noise impacts. However, eliminating the single-family residential development would not fully
achieve the project objectives of strengthening the City’s tax base and offering additional
residential areas with a range of housing types and prices. It would also not fully comply with
the existing Carlsbad General Plan and the Zone 11 LFMP or proposed amendments to these
documents. Provision of adequate public facilities and improvements, including public safety
services, parks, and libraries, relies on development impact fees that have been calculated
based on the level of residential development allowed by the adopted General Plan.
C. GLOBAL CLIMATE CHANGE
Significant Effects
Short-term construction and long-term operation of the proposed project would generate
emissions of greenhouse gases (GHGs). Construction emissions would be associated with
vehicle engine exhaust from construction equipment, vendor trips, and employee compute trips.
Operational emissions would be associated with area, mobile, and stationary sources. Area-
source emissions would be associated with activities such as natural gas use and maintenance of
landscaping and grounds. Mobile-source emissions of GHGs would include project-generated
vehicle trips associated with residents, visitors, employees, and deliveries to the project site. In
addition, increases in stationary-source emissions could occur at off-site utility providers
associated with electricity generation and water distribution that would supply the proposed
project.
Facts in Support of Finding (3)
The project’s Global Climate Change impact is largely the result of the 25,516 ADT generated
by motor vehicles traveling to and from the project’s residential, commercial, and office land
uses. It is beyond the technical capability of the project applicant or the City to mitigate the
global climate change impact of motor vehicle emissions.
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Alternative 1 - No Project: No Development Alternative
The No Project: No Development Alternative assumes that no development would occur on
the project site and the site would remain vacant. This alternative would avoid most of the
significant environmental effects associated with implementation of the proposed project. This
alternative is technically feasible and would avoid the project’s Global Climate Change
impacts, but would not achieve the project objectives as listed in Section 3.12 of the Draft
EIR. These objectives that would not be achieved include strengthening the City’s tax base,
providing shopping and job opportunities, ensuring that the commercial services under the La
Costa Master Plan are fulfilled, and offering additional residential areas with a range of
housing types and prices. Additionally, this alternative does not meet the objectives of the
City’s General Plan, as the project site is identified for the following land use designations:
Office and Related Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-
Medium Density Residential (RLM). Therefore, the City’s General Plan expects development of
the property at some time in the future.
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes
that the project site would be developed pursuant to the existing General Plan Land Use
designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR,
implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative would result in approximately a 1 to 2 percent increase or decrease in ADT in
comparison to the proposed project. Therefore, implementation of this alternative would not
avoid significant and unmitigated Global Climate Change impacts.
Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative would result in
the dedication of Biological Open Space to the east of the proposed Open Space Corridor in
place of the proposed 64 single-family residential units. The remainder of the project would
be developed with the same multifamily residential, shopping center, and office uses as the
proposed project. This alternative would preserve sensitive biological resources on the 24.39-
acre single-family residential site and would reduce the project’s significant GHG effects by
eliminating 640 ADT from the project. However, this alternative would still generate
approximately 24,876 ADT from the remaining proposed commercial, office, and multifamily
development and, therefore, would not avoid significant and unmitigated Global Climate
Change impacts.
Candidate Findings La Costa Town Square General Plan Amendment
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Section 2
Statement of Overriding Considerations
INTRODUCTION
CEQA requires a public agency to balance the benefits of a proposed project against its
unavoidable environmental risks in determining whether to approve the project. The City
Council proposes to approve the project despite certain significant unavoidable adverse
Transportation/Circulation, Air Quality, Noise, and Global Climate Change impacts
identified in the Draft EIR.
As interpreted by the courts, a lead agency's determination that a project's benefits outweigh
significant effects that cannot be mitigated lies at the core of the lead agency's discretionary
responsibility under CEQA (City of Marina V. Board of Trustees of the California State
University (2006) 39 Cal. 4th 341, 368). Furthermore, courts have upheld overriding
considerations that were based on a variety of policy considerations including new jobs,
stronger tax base, and implementation of an agency's economic development goals, growth
management policies, redevelopment plans, the need for housing and employment,
conformity to a community plan, and provision of construction jobs. See Towards
Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v.
Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v. City of San Diego
(1084) 155 Cal App. 3d 1037; Markley v. City Council (1982) 131 Cal App. 3d 656.
As identified above, this project has significant and not fully mitigated effects relating to
transportation/circulation, air quality, noise, and global climate change. The project
alternatives identified in the Draft EIR would not fully achieve the project objectives as listed in
Section 3.12 of the Draft EIR. These objectives that would not be achieved include
strengthening the City’s tax base, providing shopping and job opportunities, ensuring that the
commercial services under the La Costa Master Plan are fulfilled, and offering additional
residential areas with a range of housing types and prices. Therefore, these alternatives are
infeasible in accordance with the findings prepared pursuant to CEQA Section 21081 and
CEQA Guidelines Section 15091.
Project features or mitigation measures would partially mitigate direct, indirect, and/or
cumulative impacts to transportation/circulation, air quality, noise, and global climate change
associated with the project. Among others, these include:
Candidate Findings La Costa Town Square General Plan Amendment
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1. Paying for the project's fair share contribution toward the construction of a traffic
signal;
2. Requiring the commercial development operator to operate, maintain, and promote a
ride-share program for employees;
3. Providing one more secure bicycle parking areas within the property and encouraging
bicycle riding for both employees and customers;
4. Requiring that all materials handling equipment operated by the businesses within the
facility be electric or use non-diesel engines;
5. Implementing a portable sound attenuation barrier during off-site rock drilling with a
Sound Transmission Class rating of 15 or more along the northern portion of the
project site;
6. Certifying that the rock drill shall not generate noise levels in excess of 85 dBA at a
distance of 50 feet while operated at high idle (maximum governed rpm) under full-
load condition during the test;
7. Notifying all property owners within 250 feet of the blasting area of the blasting
activities (for noise and vibration impacts);
8. Designing buildings to be energy efficient and siting buildings to take advantage of
shade, prevailing winds, landscaping and sun screens to reduce energy use;
9. Limiting idling time for commercial vehicles, including delivery and construction
vehicles.
These mitigation measures would partially mitigate direct, indirect, and/or cumulative impacts
to transportation/circulation, air quality, noise, and global climate change, but not to below a
level of significance. Impacts to some or all transportation/circulation, air quality, noise,
paleontological resources, biological resources, hydrology/water quality, geology and soils,
and hazards impacts would be mitigated to below a level of significance.
With the implementation of the mitigation measures discussed in the Draft EIR, significant
effects can be mitigated to less than significant except as described below.
Candidate Findings La Costa Town Square General Plan Amendment
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A. UNAVOIDABLE SIGNIFICANT IMPACTS
Transportation/Circulation
A thorough analysis of environmental impacts caused by the proposed project has been
performed and mitigation to reduce project impacts has been required where feasible, but
would not reduce Transportation/Circulation impacts to less than significant. Only the No
Project: No Development Alternative analyzed in the Draft EIR for the project would avoid
significant impacts to Transportation/Circulation.
Findings
The City Council hereby finds that completing the roadway improvements identified in the
Draft EIR needed to mitigate the project’s traffic impacts is not feasible for the following
economic, legal, and social reasons.
• The significant project transportation/circulation impacts are to segments of the I-5
Freeway and roadways and intersections located in the cities of Encinitas and San
Marcos. As described above in Section 1 under CEQA Finding (2), Caltrans has no
plans or funding for improvements to increase the capacity of I-5 in the project area.
The cities of Encinitas and San Marcos do not have Capital Improvement Programs for
widening or other improvements to the roadways and intersections to which the project
would contribute relatively minor increases in traffic volumes. As described above in
Section 1 under CEQA Finding (2), significant impacts from projected regional traffic
increases to the roadway segments and intersections in the cities of Encinitas and San
Marcos would occur with or without the project. Therefore, it would be an inequitable
requirement and beyond the capability of the applicant to effect improvements that
would avoid significant cumulative project impacts.
Air Quality
A thorough analysis of environmental impacts caused by the proposed project has been
performed and mitigation to reduce project impacts has been required where feasible, but
would not reduce Air Quality impacts to less than significant. The No Project: No
Development Alternative analyzed in the Draft EIR for the project would avoid significant
impacts to Air Quality.
Candidate Findings La Costa Town Square General Plan Amendment
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Findings
The City Council hereby finds that reducing the project’s mobile source emissions of carbon
monoxide (CO) and particulates (PM10) to mitigate the project’s air quality impacts is not
feasible for the following economic, legal, and social reasons:
• As shown in Table 5.3-4 of the Draft EIR, total emissions resulting from mobile and
area sources would exceed the threshold for significance for CO and PM10. As most of
the emissions are from mobile sources, implementation of Mitigation Measure AQ-1
would reduce operations emissions of air pollutants due to the proposed project.
Project design features will also be implemented to reduce the long-term air pollution.
For example, enhanced bus stops will be provided on the La Costa Avenue and
Rancho Santa Fe Road to encourage use of public transportation, employee car-
pooling would be encouraged, and improved bicycle lanes and onsite bicycle storage
facilities would be provided to encourage bicycle use to and from the project site.
However, the results of implementing these measures cannot be reasonably quantified
and the impact would be significant and unmitigated.
• Reducing the project’s CO and PM10 emissions to comply with the thresholds would
require reducing the project’s vehicle use from the project’s total of 25,516 average
daily trips (ADT) to approximately 6,000 ADT. This would require reducing the
shopping center from 284,400 square feet of commercial space under the proposed
project to approximately 40,450 square feet. Reducing the project size to this level
would not fully comply with the existing Carlsbad General Plan and the Zone 11 LFMP
or proposed amendments to these documents. Provision of adequate public facilities
and improvements, including transportation improvements, as well as public safety
services, parks, and libraries, relies on development impact fees that have been
calculated based on the level of residential and commercial development allowed by
the adopted General Plan. Thus, the City would be unable to adequately accomplish
its public services and facilities goals without income from another source, for which
excess City revenue is not available. The loss of property tax and sales tax revenue,
particularly from commercial development, on which the City is highly dependent,
would also reduce the City’s ability to meet its annual budgetary obligations.
Noise
A thorough analysis of environmental impacts caused by the proposed project has been
performed and mitigation to reduce project impacts has been required where feasible, but
would not reduce Noise impacts to less than significant. The No Project: No Development
Candidate Findings La Costa Town Square General Plan Amendment
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Alternative and the Biological Open Space Alternative/Environmentally Superior Alternative
analyzed in the Draft EIR for the project would avoid significant Noise impacts.
Findings
The City Council hereby finds that mitigating the project’s construction noise impact as
identified in the Draft EIR is not feasible for the following economic, legal, and social reasons:
• As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards of rock
material is anticipated to be excavated within the onsite granitic rock formation and
drilling and blasting would be conducted to excavate this material. Rock drills generate
airborne noise levels of approximately 80 to 98 dB at a distance of 50 feet. The closest
existing residence to the blasting area would be a home located approximately 30 feet
away on Sitio Lima; other homes would be located approximately 150 or more feet from
the blasting area. In the worst-case scenario, the maximum noise level at the nearest
residence could be as high as 100 dBA; a few other residences may find noise levels up
to 80 dBA. This is considered a significant impact. Mitigation Measure N-1 of the Draft
EIR would reduce this impact to a degree; however, it cannot be guaranteed that the
impact will be below a level of significance at the nearest residences. Therefore, this
would remain a significant and unmitigated impact.
• Construction blasting noise will vary but usually generates a maximum noise level of
approximately 94 dBA at a distance of 50 feet and the maximum noise level at the
nearby residences would range between 84 to 100 dBA for the brief blasting events.
This would be considered a significant impact. Mitigation Measure N-2 of the Draft
EIR would require notification of all property owners within 250 feet of the blasting
area of the potential activities. However, this will not reduce the perceived noise level
and, therefore, a significant and unmitigated noise impact would remain for blasting.
• Drilling and blasting would be the most cost-effective means to loosen the granitic
rock for excavation. It would also reduce the period required for grading the site in
comparison to use of conventional earth-moving equipment and would more
efficiently reduce the rock to a size that can be loaded into the onsite portable rock
crusher for use as fill material within the project site.
Global Climate Change
A thorough analysis of environmental impacts caused by the proposed project has been
performed and mitigation to reduce project impacts has been required where feasible, but
Candidate Findings La Costa Town Square General Plan Amendment
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would not reduce Global Climate Change impacts to less than significant. Short-term
construction and long-term operation of the proposed project would generate emissions of
GHGs, predominantly consist of CO2. The No Project: No Development Alternative analyzed
in the Draft EIR for the project would avoid significant impacts to Global Climate Change.
Findings
The City Council hereby finds that reducing the scope of the project to avoid generating
emissions of GHGs is not feasible for the following economic, legal, and social reasons:
• Construction emissions would be associated with vehicle engine exhaust from
construction equipment, vendor trips, and employee compute trips. Operational
emissions would be associated with area, mobile, and stationary sources. Area-source
emissions would be associated with activities such as natural gas use and
maintenance of landscaping and grounds. Mobile-source emissions of GHGs would
include project-generated vehicle trips associated with residents, visitors, employees,
and deliveries to the project site. In addition, increases in stationary-source emissions
could occur at off-site utility providers associated with electricity generation and water
distribution that would supply the proposed project.
• No air district in California has adopted a significance threshold for GHG emissions
generated by a proposed project, or a methodology for analyzing impacts related to
GHG emissions or global climate change. By adoption of AB 32 and Public Resources
Code sections 21083.05 and 21097, however, the State of California has established
GHG reduction targets and has determined that GHG emissions as they relate to
global climate change are a source of adverse environmental impacts in California
that should be addressed under CEQA. The proper context for addressing the issue in
an EIR is the discussion of cumulative impacts, since while the emissions of one single
project will not cause global climate change, GHG emissions from multiple projects
throughout the world could result in a cumulative impact with respect to global climate
change.
• To meet GHG emission targets of AB 32, California would need to generate in the
future less GHG emissions than current levels. It is recognized, however, that for most
projects there is no simple metric available to determine if a single project would
substantially increase or decrease overall GHG emission levels or conflict with the
goals of AB 32.
Candidate Findings La Costa Town Square General Plan Amendment
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• In 2006 the California Climate Action Team (CAT) prepared a recommended list of
strategies for the state to pursue to reduce climate change emissions, including strategies
to promote smart land use: the integration of transportation and land use decisions.
These strategies generally encourage jobs/housing proximity, promote transit-oriented
development, and encourage high-density residential/commercial development along
transit corridors. The proposed project is consistent with the CAT smart land use
strategies in the following respects:
o The proposed project includes a mixture of housing types including affordable
apartments and high-density units as well as nonresidential uses such as a
grocery, retail shops, and other commercial uses adjacent to one another.
o The project proposes a commercial shopping center intended to serve the daily
commercial needs of existing nearby residential areas.
o Pedestrian trails would interconnect the residential and nonresidential
components of the project and link the proposed project site to an existing trail
network.
o The project would make improvements to an existing bus stop on Rancho
Santa Fe Road, including a turnout lane and bus shelter.
• Reducing the project’s CO2 emissions to avoid GHG impacts could only be
accomplished with the No Project: No Development Alternative, which would not
comply with the existing Carlsbad General Plan and the Zone 11 LFMP or proposed
amendments to these documents. Provision of adequate public facilities and
improvements, including transportation improvements, as well as public safety
services, parks, and libraries, relies on development impact fees that have been
calculated based on the level of residential and commercial development allowed by
the adopted General Plan. Thus, the City would be unable to adequately accomplish
its public services and facilities goals without income from another source, for which
excess City revenue is not available. The loss of property tax and sales tax revenue,
particularly from commercial development, on which the City is highly dependent,
would also reduce the City’s ability to meet its annual budgetary obligations.
B. OVERRIDING CONSIDERATIONS
Having reduced the significant environmental impacts of the proposed project by adopting
mitigation measures and balanced the benefits of the proposed project against the project’s
potential unavoidable adverse impacts, the City Council hereby determines that the specific
Candidate Findings La Costa Town Square General Plan Amendment
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overriding economic and social benefits of the proposed project outweigh the potential
unavoidable adverse effects on the environment; and, therefore, in spite of a No Project: No
Development Alternative that would avoid significant impacts to Transportation/Circulation,
Air Quality, Noise, and Global Climate Change, the unavoidable significant impacts of the
proposed La Costa Town Square project are acceptable based on overriding considerations.
The data to support these conclusions may be found in the La Costa Town Square Draft EIR.
The City Council has weighed the benefits of the proposed La Costa Town Square project
against the identified unavoidable environmental risks and impacts in determining whether to
approve the project. The City Council finds that the project will provide significant economic,
social, and other benefits which outweigh the unavoidable environmental impacts of the
project, such that those impacts are considered acceptable. With approval of the project,
these benefits include:
1. Conform to General Plan Land Use Element: The project will be consistent with the
existing Carlsbad General Plan Land Use Element because it provides an orderly
balance of both public and private land uses creating a healthy and diverse
economic base. The project design and arrangement will serve to protect and
enhance the environment, character, and image of Carlsbad. The project will provide
two choices of housing types and density to meet the diverse economic and social
requirements of City residents while retaining the present predominance of single-
family residences. The development will offer compatibly designed and conveniently
located shopping for City residents. The project will also create employment
possibilities within the diverse range of retail and commercial uses proposed within
the project site.
2. Conform to General Plan Circulation Element/Alleviate Traffic Congestion: The
project will include the realigned Rancho Santa Fe Road within the project site. This
will result in a better overall circulation infrastructure for the area’s future needs. The
project will also accommodate a variety of transportation modes as alternatives to the
automobile. For example, a bus transportation system is an important part of the
project design. Bus stops will exist along circulation roadways around the commercial
parcel in order to offer a transportation system that helps to reduce pollution and
traffic congestion in the area. The bus transportation system also supports the project
site’s commercial and economic development, and the project will enhance bus stop
features along Rancho Santa Fe Road. Additionally, the project will offer landscaped
trails and walkways throughout the project site and connecting sidewalks to adjacent
residential properties for convenient pedestrian access. It will also offer bicycle racks
Candidate Findings La Costa Town Square General Plan Amendment
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for bicyclists using nearby bicycle routes on the adjacent streets to access the site. The
project’s design for alternative modes of travel is derived from the City’s goals to offer
a balance of different travel modes based on safety, convenience, attractiveness,
costs, and environmental and social impacts. These transit, pedestrian-friendly, and
bicycle-friendly features, combined with the project’s mixed-use development and
proximity to existing housing will help minimize the length of local vehicular trips and
thereby provide air quality and energy use benefits to the community.
3. Conform to General Plan Noise Element: The project will construct noise attenuation
features along planned roadways where needed to reduce vehicular noise impacts to
below a level of significance. The project will also include attenuation features to
reduce the noise level audible at nearby residences from the outdoor gathering area.
Amplified speakers will not be permitted and the outdoor gathering area will not be
used for events between the hours of 10 p.m. and 7 a.m. In addition, no noise-
related nuisances will result from the location of residential units near heating,
ventilation, and air conditioning and outdoor mechanical equipment.
4. Strengthen Tax Base: The project at buildout will generate additional public revenues
in the form of property tax and sales tax, which would include approximately
$910,000 in sales tax revenues by the year 2012. The provision of this revenue
stream combined with development impact fees will help the City to maintain or
enhance police and fire protection, parks, roads, affordable housing, and other
infrastructure and services around the City for the benefit of the community. The
project’s revenue generation will positively impact the entire City and not just the area
around the project site.
5. Development Impact Fees: The project would provide approximately $16,244,000 in
development impact fees that would contribute to the construction of key
infrastructure improvements such as police and fire stations, parks, numerous roads,
traffic signals, and sewers. In addition, the project will contribute approximately
$627,000 in school fees.
6. Employment Opportunities: The project will provide considerable employment
opportunities in a region where employment is a recognized need. The project will
provide permanent employment from the retail and offices uses, as well as temporary
construction-related jobs for the development of the entire project. It is estimated that
a total of approximately 976 jobs will be created by the project.
Candidate Findings La Costa Town Square General Plan Amendment
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7. Positive Economic Impact: The project will increase the number of people living in the
area who will be in need of goods and services that can be provided by other
commercial ventures within the City of Carlsbad. The new households are projected
to generate $407.5 million in new retail demand, which will have a positive
economic impact on the City and the region.
8. Create a Sustainable Community: The project will create a cohesive and unified
mixed-use community through the strengthening of physical, economic, and social
ties between residential, commercial, industrial, and recreational land uses within and
in the vicinity of the project area. The project will encourage sustainability in design to
foster “green” development that reduces project energy needs and water
consumption. The project will meet Title 24 plus 20 percent energy efficiency
standards for the community shopping center.
9. Reduce Housing Imbalance and Provide a Range of Housing Types: The project will
supply needed housing in the City of Carlsbad with a range of housing types, styles,
and price levels, thereby helping to meet the needs of the region’s growing
population. The project will also increase the stock of new homes in the region,
thereby reducing the long-term imbalance between housing and employment.
10. Affordable Housing Units: The project will provide affordable housing units offsite by
complying with Carlsbad Municipal Code Section 21.85.040.
11. Help Manage Greenhouse Gases and Criteria Air Pollutants: Several components of
the project will reduce operational emissions of criteria air pollutants and precursors,
as well as reduce greenhouse gas emissions associated with the project. Among the
many mitigation measures and project design features detailed in the Draft EIR
(pages 6-27 to 6-30), the project will include buildings designed to be energy
efficient and will site buildings to take advantage of shade, prevailing winds,
landscaping and sun screens to reduce energy use. In addition, the project will install
energy efficient lighting and lighting control systems. The project will also install light
colored “cool” roofs, cool pavements, and strategically placed shade trees. The
project will limit idling time for commercial vehicles, including delivery and
construction vehicles. The minimization of the length of local vehicular trips resulting
from sustainable mixed-use design and supplying retail and employment
opportunities near housing could help to achieve regional air quality and greenhouse
gas reduction goals.
Candidate Findings La Costa Town Square General Plan Amendment
44
12. Protect Biological Resources/Provide Open Space: The project will contribute to the
permanent protection of significant biological resources at offsite habitat conservation
areas through the implementation of the Habitat Conservation Plan/Ongoing Multi-
Species Plan (HCP/OMSP) in place of the limited natural habitat conditions onsite
where permanent wildlife resource protection does not exist. The proposed onsite
open space features will benefit onsite residents and neighboring communities to
support active and passive recreation opportunities and a high-quality living
environment.
13. Improve Aesthetics: The project will improve aesthetics in the area through the
preservation of 9.1 acres of open space and through a landscape concept that
features open plazas, visual landmarks, water features, specialty paving, site furniture,
and tree and rich landscape plantings.
14. Increase Shopping Opportunities: The project will increase shopping opportunities for
local residents and allow surrounding residential areas to be served by a modern
commercial center that fulfills daily shopping needs and provides convenient access
to goods, food, and personal services in accordance with the La Costa Master Plan.
15. Pedestrian and Bicycle Friendly Design: The project will allow for walkability features
for pedestrian access to the site and bicycle linkages to the surrounding
neighborhoods through a logical connection of trails, sidewalks, and bicycle facilities.
The project will also link with future hiking trails.
16. Minimize Visual Impacts: The project will minimize visual impacts from surrounding
public viewing areas by implementing a plan that is sensitive to existing hillside areas
and providing contour grading where feasible.
17. Performing Arts and Community Gathering Space: The project will include an
outdoor gathering space for performances and community events.
18. Minimize Water Quality Impacts: The project will manage stormwater runoff from the
proposed development through sustainable design features, such as natural
bioswales, that will treat flows from paved areas before the drainage waters enter the
public drainage systems.
Candidate Findings La Costa Town Square General Plan Amendment
45
The City Council finds that any one of the benefits detailed above is sufficient, standing
alone, to justify approval of the La Costa Town Square project in accordance with State
CEQA Guidelines sections 15092 and 15093 and Public Resources Code Section 21081.
Documents related to these findings are available for review at the City of Carlsbad, City
Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008.
The Carlsbad City Council has adopted Findings Regarding Significant Effects for the above
project, which identify that certain significant effects of implementing the project are
unavoidable, even after incorporation of feasible mitigation measures. The City Council finds
that the remaining unavoidable significant effects are acceptable due to each of the specific
economic, legal, social, technological, or other benefits that would result from the approval
and implementation of the project, as described above. All of these benefits are based on the
facts set forth in the CEQA Findings, the Final EIR, and the record of proceedings for this
project. Each of these benefits is a separate and independent basis that justifies approval of
the project, so that if a court were to set aside the determination that any particular benefit
will occur that justifies project approval, the City Council determines that it would stand by its
determination that any one of the remaining benefits is sufficient to warrant project approval.
MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL IMPACT REPORT
FOR
LA COSTA TOWN SQUARE PROJECT
State Clearinghouse # 2003041159
Prepared by:
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, California 92008
August 2009
1
MITIGATION MONITORING PROGRAM
LA COSTA TOWN SQUARE PROJECT
Mitigation measures have been identified in the Environmental Impact Report for the La Costa
Town Square Project (Project) to reduce or eliminate potential environmental impacts. The City of
Carlsbad (City) is required to implement all adopted mitigation measures. In order to ensure
compliance, the following mitigation monitoring program has been formulated. This program
consists of a checklist followed by a detailed description of the mitigation measures.
The Project is intended to strengthen the City’s tax base, increase shopping and job opportunities
for local residents, minimize the length of local vehicular trips for commercial services, encourage
transit use, provide a range of housing types, styles, and price levels, and conform to and implement
the City’s General Plan, Growth Management Program and HCP/OMSP.
A mitigation checklist has been prepared for the Project. Table 1 summarizes the mitigation
measures for the Project. Information contained within the checklist clearly identifies the mitigation
measure, delineates the monitoring schedule, and defines the conditions required to verify
compliance. Following is an explanation of the seven columns that constitute the checklist.
Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with a
brief description.
Column 2 Type: Each mitigation measure is classified as Project Design Mitigation (PD),
Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term
Mitigation (LT) in order to identify at what stage in the project development process
the mitigation measure can be implemented based upon the following definitions:
--- PD - Project Design Mitigation -- mitigation that has been incorporated into the
project at the design phase of project development (e.g., traffic control plan,
landscape plan);
--- PC - Project Construction Mitigation -- mitigation that is to be initiated at the
project site prior to and/or during construction to avoid construction related
impacts (e.g., dust or noise control measures);
--- OM - Ongoing Mitigation -- mitigation associated with the project over a
period of time (e.g., success of revegetation);
--- LT - Long-Term Mitigation -- mitigation that requires monitoring over a
greater period of time (e.g., five year revegetation monitoring program).
Column 3 Monitor: Identifies the City department or other public agency that is responsible for
determining compliance with the mitigation measure and for informing the Planning
Department about compliance.
2
Column 4 Schedule: The monitoring schedule depends upon the progression of the overall
project. Therefore, specific dates are not used within the “Schedule” column. Instead,
scheduling describes a logical succession of events (e.g., prior to construction,
annual) and if necessary, delineates a follow-up program.
Column 5 Compliance Action: The monitor can easily determine a mitigation measure’s
completion by referring to “Compliance Action.” Upon satisfaction of the
requirement listed in this column, the mitigation measure is considered complete.
Column 6 Verification of Compliance: The monitor verifies completion of the particular
mitigation measure by initialing and dating in this column. Where the “Schedule”
column indicates annual or other ongoing mitigation measures, verification of
compliance may not occur until completion of the project. Provision of all required
signatures within the Verification of Compliance column signifies conclusion of the
monitoring program.
Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be
documented during each visit. The space provided for remarks is obviously too small
for inclusion of the remarks. It is intended that this space be used to indicate whether
there are specific comments pertaining to the status of the mitigation measure. If
there are additional comments they are to be attached to the checklist. Progress
reports are required for the revegetation program. Information provided within
progress reports will be helpful in the development of future mitigation programs.
This program is to be adopted by the lead and responsible agencies upon formulation of findings in
order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code
Section 21081.6).
3 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Transportation/Circulation T-1. Prior to the approval of the Final Map the developer shall pay the project’s fair share contribution for improvements at the intersection of Rancho Santa Fe Road and San Marcos Boulevard in the City of San Marcos. The fair share contribution shall be determined by the Caltrans Method for Calculating Equitable Mitigation Measures multiplied by the Private Developers Obligations of the intersection improvements as shown in the San Marcos FY 2009-2010 Capital Improvement Project Detail as approved by the City Engineer. Based on above mentioned information the fair share contribution is $24,840.00 (2.3% of $1,080,000.00). PC Carlsbad Engineering Department Prior to the approval of the Final Map Fair share contribution shall be paid to the City of San Marcos Air Quality AQ-1. The following measures shall be implemented by the project applicant unless it can be demonstrated to the City of Carlsbad that the measures would not be feasible: • The applicant shall require the commercial development operator to operate, maintain and promote a ride-share program for employees of the various businesses. • The applicant shall include one or more secure bicycle parking areas within the property and encourage bicycle riding for both employees and customers. • The office buildings and community shopping center shall be designed to meet the 2008 Title 24 plus 20 percent energy-efficiency standards. OM Carlsbad Planning Department Prior to issuance of building permits and prior to final inspection for occupancy of each phase of construction Prior to issuance of building permits for construction of the shopping center, developer shall provide detailed description of program to comply with Mitigation Measure AQ-1. Prior to final inspection for occupancy of each phaseof construction, developer shall provide a written description of the programs or features that have been established or installed to comply with Mitigation Measure AQ-1. Records shall be kept by the shopping center management for inspection by the City of on-going efforts to comply with Mitigation Measure AQ-1.
4 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date • The applicant shall require that all materials handling equipment operated by the businesses within the facility be electric or use non-diesel engines. Noise N-1. During rock drilling, the construction contractor shall implement a portable sound attenuation barrier with a Sound Transmission Class rating of 15 or more along the northern portion of the project site. The sound attenuation barrier shall break the line-of-sight between the rock drill and the first-floor level of the single-family residence at the northern terminus of Sitio Lima adjacent to the project site. The sound attenuation barrier shall remain in place as long as rock drilling activity is occurring adjacent to the existing single-family residence. In addition, prior to initial drilling operations, the rock drill shall be certified to not generate noise levels in excess of 85 dBA at a distance of 50 feet while operated at high idle (maximum governed rpm) under full-load condition during the test. PC Carlsbad Engineering Department Prior to commencement of excavation and grading The sound attenuation barrier shall be installed in compliance with Mitigation Measure N-1 prior to commencement of any phase of clearing, grading, drilling, or blasting at the shopping center site. Prior to commencement of drilling, the rock drill shall be certified to not generate noise levels in excess of 85 dBA at a distance of 50 feet. N-2. All property owners within 250 feet of the blasting area shall be notified of the blasting activities (for noise and vibration impacts). This notification shall describe expected period and frequency that the blasting will occur and give a contact phone number for any questions or complaints. All complaints shall be responded to in a method deemed satisfactory to the Carlsbad Planning Director. PC Carlsbad Engineering Department Pre-construction Mailed and delivered notice shall be provided to all property owners and residents within 250 feet of the blasting area prior to commencement of blasting. A written statement of compliance shall be provided to the City Engineer by the developer or contractor describing the measures taken to comply with Mitigation Measure N-2 and blasting shall not be conducted until the City Engineer has determined in writing that satisfactory notice has been provided. N-3. Minimum 12-foot-high sound walls shall be constructed by the applicant along the loading PD Carlsbad Engineering Prior to approval for occupancy of Sound walls shall have been installed and received final inspection.
5 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date dock areas at Buildings 15, 18, and 21. Department commercial buildings 15, 18, and 21 N-4. The outdoor gathering area shall not be used for events between the hours of 10:00 p.m. to 7:00 a.m. OM Carlsbad Planning Department During operation of the shopping center Compliance shall be confirmed by Planning Department investigation of noise complaints associated with use of the outdoor gathering area. N-5. When mechanical equipment plans are prepared, the plans shall be evaluated for the buildings on Commercial Pads 15 through 18 and 21 to ensure that outdoor mechanical equipment noise would not exceed 60 dB CNEL at the proposed adjacent residences. PD Carlsbad Building Department Prior to issuance of building permits for Commercial Pads 15 through 18 and 21 Developer or contractor shall provide satisfactory evidence to the City Building Department that noise from outdoor mechanical equipment would not exceed 60 dB CNEL at the proposed adjacent residences. N-6. A 5- to 8-foot-high noise barrier shall be constructed by the applicant at the top of the slope along a portion of Rancho Santa Fe Road. The materials used in the construction of the barrier are required to have a minimum PD Carlsbad Building Department Prior to issuance of building permit and prior to occupancy Prior to issuance of a building permit for the noise barrier, developer or contractor shall provide evidence satisfactory to the Building Department that the noise barrier meets the design requirements of Mitigation Measure N-6. surface density of 3.5 pounds per-square-foot and may consist of earthen berms, masonry material, tempered glass or a combination of these materials. The barrier shall not have any openings or cracks. An interior noise study will be required for second story units on Lots 34 thru 48. The noise barrier shall be installed in compliance with Mitigation Measure N-6 prior to occupancy of any dwelling units located on the most northerly street of the single-family development site. The interior noise study shall be completed and approved by the Building Department prior to issuance of building permits for second story units on Lots 34 thru 48. Paleontological Resources P-1. As a condition of the grading permit, the developer shall comply with all recommendations stated in the Paleontological Resource Assessment prepared to the project site by Thomas A. Deméré, Ph.D., Department of Paleontological Services, San Diego Natural History Museum (February 2001 and March 2007) including the following: • Prior to initiation of construction PD Carlsbad Engineering Department Prior to and during construction Prior to issuance of the grading permit, the developer and contractor shall both provide a statement agreeing to comply in full with Mitigation Measure P-1 during grading and construction. Evidence of a contract with a qualified paleontologist to carry out the mitigation program shall be provided to the Engineering Department prior to issuance of the grading permit. The contract shall include on-site monitoring at all times during the original cutting of previously undisturbed
6 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date activities 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 M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques. • A qualified paleontologist shall be at the preconstruction meeting to consult with the grading and excavation contractors. • A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed deposits of high sensitivity formations (undifferentiated Friars/Delmar formations) to inspect exposures for contained fossils. The paleontological monitor need not be on-site during the original cutting of previously undisturbed deposits of zero sensitivity formations (Santiago Peak Volcanics). A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist. • When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In deposits of high sensitivity formations (undifferentiated Friars/Delmar formations) to inspect exposures for contained fossils. The contract shall also include recovery, cleaning, repairing, sorting, cataloging, and donation of recovered fossils, and preparation of a final summary report.
7 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date 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. • Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. • Prepared fossils, along with copies of all pertinent field notes, photos, and maps shall 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. • A final summary report shall be completed and submitted to the Planning Department that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils. Biological Resources B-1. Thread-leaved brodiaea, Orcutt’s brodiaea, and San Diego thornmint are narrow endemic species under the Carlsbad HMP; thus additional species-specific mitigation is OM Carlsbad Planning Department Prior to construction Prior to issuance of any permits for site clearance or development and prior to commencement of any disturbance to onsite vegetation, the developer shall cause to be prepared an open space acquisition and restoration plan and shall receive written approval
8 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date required prior to issuance of any grading permit for the project. Restoration of habitat for the brodiaea species shall be accomplished by the developer and to the satisfaction of the City of Carlsbad Planning Department, through the relocation of bulbs to suitable habitat for these species including the same soil type and microhabitat characteristics as the impacted populations. A suitable open space preserve located within the same geographic region and approved by the City of Carlsbad (with concurrence by the Wildlife Agencies) shall be acquired by the developer for the brodiaea relocation and for San Diego thornmint preservation. An open space acquisition and restoration plan shall be prepared prior to disturbance of these species and shall be submitted to and approved by the City of Carlsbad Planning Department. This plan shall detail the relocation procedures to be used along with a 5-year maintenance and monitoring program to ensure survival. of the plan by the Carlsbad Planning Department. This plan shall detail the relocation procedures to be used, open space acquisition, a 5-year maintenance and monitoring program to ensure survival, and all other actions necessary to fully comply with Mitigation Measure B-1. B-2. Clearing and grading operations are prohibited within habitat where the coastal California gnatcatcher and Cooper’s hawks or other native or migratory raptors may be nesting. This restriction shall occur from the January 15 beginning of the Cooper’s hawks or other native or migratory raptors breeding season through the July 31 end of the coastal California gnatcatcher breeding season. Clearing may occur during this time frame if no active nests are detected or it has been established that the young have become independent of the nest. A preconstruction clearance survey shall be conducted by a PC Carlsbad Engineering Department Prior to commencement of vegetation clearance, grading or construction. The contractor shall provide a written report to the Carlsbad Engineering Department of the date that vegetation clearing and construction activities are to commence. If the Carlsbad Engineering and Planning departments concur that construction during the raptor breeding season (January 15-July 31) cannot be avoided, the procedure for a preconstruction clearance survey per Mitigation Measure B-2 shall be implemented.
9 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date qualified biologist prior to January 15 to make this determination. In addition, removal of any trees occupied by an active raptor nest must be avoided until after the nesting season (July 15). A 200-foot buffer surrounding any active raptor nest shall also be established where no clearing activities shall be allowed until the nesting season is completed (City of Carlsbad 1995a). This measure shall be placed as a condition on the grading permit. B-3. Both creation and restoration/enhancement actions are required by this mitigation measure. Impacts to the ephemeral drainages will be mitigated at a 1:1 ratio for a total of 0.26 acre. Impacts to the riparian scrub/seep shall be mitigated at a ratio of 3:1 for a total of 0.63 acre. Prior to issuance of a grading plan or other disturbance to the riparian scrub/seep, a restoration plan shall be prepared by the developer and approved by the City of Carlsbad Planning Department (with concurrence by the Wildlife Agencies) prior to disturbance (including grading) of the drainage or basin areas. The plan shall include mitigation for impacts to waters of the U.S. These mitigated areas may be satisfied by contribution to an approved mitigation site, where impacts to state or federal jurisdictional waters (as defined) are mitigated in an ACOE, CDFG, or RWQCB mitigation bank. PC Carlsbad Planning Department Prior to construction Prior to issuance of any permits for site clearance or development and prior to commencement of any disturbance of the drainage or basin areas, the developer shall cause a restoration plan to be prepared and shall receive written approval of the plan by the Carlsbad Planning Department and with concurrence by the Wildlife Agencies. This plan shall detail the actions to be taken to fully comply with Mitigation Measure B-3. B-4. During construction, trash that could attract scavengers that could prey on sensitive wildlife must be maintained and kept to a minimum. Trash containers with animal-resistant lids must be provided on the site during construction. This measure shall be OM Carlsbad Building and Engineering DepartmentsPrior to and during construction City building and grading inspection staff shall monitor compliance with Mitigation Measure B-4 during all construction site inspections.
10 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date incorporated into the project. B-5. The developer shall provide all project homebuyers a list of invasive plant species (Cal EPPC List: Exotic Pest Plants of GreatestEcological Concern in California, October 1999 by the California Exotic Pest Plant Council (Cal EPPC)) that shall not be used in landscaping. Additionally, these species shall be identified in the Covenants, Conditions, and Restrictions (CC&Rs) of the homeowners association as plants to be prohibited in landscaping. Developer shall establish a homeowner’s association and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. PD Carlsbad Planning Department Prior to Final Map approval and prior to issuance of building permits Project developer shall provide to the Carlsbad Planning Department a written description of the procedures to be followed to provide all project homebuyers a list of invasive plant species that should not be used in landscaping. Additionally, the developer shall provide a draft of the proposed CC&Rs for approval by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director that contain the list of invasive plant species that should not be used in landscaping. B-6. The homeowners, homeowner associations, and the public shall be informed of ways to avoid impacts to the conserved resources through a public information program developed in cooperation with the City. The program shall include: • Public information brochure that describes the natural resources and prohibited activities within conserved habitat; and • Landscaping and fuel break planting brochure for homeowners and homeowner associations adjacent to conserved habitat. PD Carlsbad Planning Department Prior to issuance of building permits Project developer shall provide to the Carlsbad Planning Department a written description of the procedures to be followed to provide all project homebuyers with information on ways to avoid impacts to conserved open space resources in the project area, prohibited activities within conserved habitat, and a landscaping and fuel break planting brochure for distribution to homeowners and homeowner associations.
11 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Hydrology/Water Quality WQ-1. Prior to issuance of a grading permit, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08, NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007-0001, NPDES CAS0108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City’s grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms • Check dams • Street sweeping and vacuuming • Storm drain inlet protection • Stabilized construction entrance/exit • Hydroseed, soil binders, or straw mulch • Containment of material delivery and storage areas • Stockpile management • Spill prevention and control • Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil PD & PC Carlsbad Engineering Department Prior to and during construction Prior to issuance of a grading permit, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the City’s SUSMP, General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The developer shall be responsible for monitoring and maintaining all project BMP erosion control measures on a weekly basis.
12 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date • Concrete waste management WQ-2a. Prior to issuance of permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad SUSMP and Stormwater Management Program (SWMP). Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has incorporated the post-development water quality pollution control site design BMPs, source control BMPs, and structural treatment control BMPs identified below into the project design to the maximum extent practicable: • Street sweeping • Inlet basin labeling • Filtering bioretention units • Pervious pavement • Vegetated swales • Detention/infiltration basins • Covered trash enclosures PD & PC Carlsbad Engineering Department Prior to and during construction Prior to issuance of permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad SUSMP and SWMP. WQ-2b. Project shall be required to show that it complies with the applicable hydromodification provisions of Order R9-2007-0001 and is designed so that post-project runoff flow rates and directions do not exceed pre-project runoff flow rates and directions for applicable design storms. PD Carlsbad Engineering Department Prior to construction Prior to issuance of permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that the project is designed so that post-project runoff flow rates and directions do not exceed pre-project runoff flow rates and directions for applicable design storms.
13 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date WQ-3. In conjunction with the sale, rental or lease of a residence or business property, all prospective owners and tenants shall be notified in writing through Covenants, Conditions, and Restrictions (CC&Rs) that they shall: a. Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste products. b. Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids, into any public or private street or into any storm drain or storm drain conveyance. c. Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments in accordance with federal, State, County, and City requirements as prescribed on their respective containers. d. Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. Developer shall establish a homeowner’s association and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy LT Carlsbad Building and Planning DepartmentsPrior to recordation of a final map, prior to issuance of building permits in each phase of construction, and prior to final inspection for occupancy of any residence or business property Project developer shall provide to the Carlsbad Planning Department a written description of the procedures to be followed to provide all project homebuyers, residents, and business tenants with a notice of procedures for the removal and proper disposal of toxic and hazardous waste products; restrictions on discharge of any toxic chemicals or hydrocarbon compounds into any public or private street or storm drain; for the proper use and/or disposal of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments; and BMPs to eliminate or reduce surface pollutants when planning any changes to landscaping and/or surface improvements. Additionally, the developer shall establish a homeowner’s association and provide a draft of the proposed CC&Rs for approval by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director that contain the restrictions as stated in Mitigation Measure WQ-3.
14 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. Geology and Soils GS-1. Prior to issuance of a grading permit, a final geotechnical report that addresses site-specific geotechnical considerations shall be submitted to the City Engineer for approval. The final geotechnical report shall update the recommendations provided in the Compilation of Reports for La Costa Town Square (Southern California Soil & Testing, Inc. 2007 and 2009) preliminary geotechnical report for this project. These recommendations shall address engineering measures for project-specific site conditions which minimize seismic-related impacts, erosion and loss of topsoil, unstable geologic units, or expansive soils. The project construction and maintenance will comply with the recommendations of the final report and any modifications proposed by the City Engineer. PD & PC Carlsbad Engineering Department Prior to issuance of a grading permit A final geotechnical report shall be prepared and submitted to the City Engineer for approval that addresses site-specific geotechnical considerations. The final report shall address engineering measures for project-specific site conditions to minimize seismic-related impacts, erosion and loss of topsoil, unstable geologic units, or expansive soils. The project construction and maintenance shall comply with the recommendations of the final report as approved by the City Engineer. Hazards H-1. All portions of the development within the Dam Inundation Area of the existing Stanley A. Mahr Reservoir shall receive notification as part of the standard ownership disclosure package and Covenants, Conditions, and Restrictions (CC&Rs) that their property is inside the Stanley A. Mahr Reservoir dam inundation area, and is subject to flooding, resulting in the potential loss of property, in the event of dam failure. Developer shall establish a homeowner’s association and corresponding CC&Rs. Said PD Carlsbad Planning and Building DepartmentsPrior to Final Map approval and prior to issuance of building permits Project developer shall provide to the Carlsbad Planning Department a written description of the procedures to be followed to provide all project homebuyers notification as part of the standard ownership disclosure package and CC&Rs that their property is inside the Stanley A. Mahr Reservoir dam inundation area, and is subject to flooding in the event of dam failure. Additionally, the developer shall establish a homeowner’s association and provide a draft of the proposed CC&Rs for approval by the Planning
15 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director that contain the notification for properties that are inside the dam inundation area. Global Climate Change GHG-1. The applicant shall implement the following measures to reduce direct and indirect GHG emissions associated with the proposed project unless it can be demonstrated to the City of Carlsbad that the measures would not be feasible. Certain measures could already be considered components of the project, but are provided here for purposes of completeness. PD Carlsbad Planning and Building DepartmentsPrior to issuance of building permits In each phase of development for the Multifamily Residential (Parcel 1), Commercial Center (Parcel 2), Offices (Parcel 3), and Single-family Residential (parcel 4) developer shall identify measures to reduce GHG emissions as listed below or alternative measures of equivalent or better effectiveness. City Planning and Building Department shall confirm in writing the mitigation to be implemented. Building plans shall list measures to be implemented as directed by City staff. GHG-1a. Energy Efficiency 1. Install efficient lighting and lighting control systems. Site and design buildings to take advantage of daylight. 2. Use trees, landscaping and sun screens on the west and south exterior building walls to reduce energy use. 3. Install light colored “cool” roofs, cool pavements where appropriate, and strategically placed shade trees. 4. Provide information on energy management services for large energy users. 5. Install energy efficient heating and cooling systems, appliances and equipment, and control systems.
16 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date 6. Limit the hours of operation of outdoor lighting except where infeasible for security reasons. 7. Use solar heating, automatic covers, and efficient pumps and motors for pools and spas at the residential development. 8. Provide education on energy efficiency. GHG-1b. Renewable Energy 1. Educate consumers about existing incentives for renewable energy. 2. Install solar panels on carports. GHG-1c.Water Conservation and Efficiency 1. Create water efficient landscapes with native, drought-resistant species. 2. Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls. 3. Use reclaimed water for landscape irrigation. Install the infrastructure to deliver and use reclaimed water. 4. Design buildings to be water-efficient. Install water-efficient fixtures and appliances. 5. Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated surfaces) and control runoff. 6. Restrict the use of water for cleaning outdoor surfaces and vehicles. 7. Implement low-impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. 8. Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy
17 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date may include many of the specific items listed above, plus other innovative measures that are appropriate to the proposed project. 9. Provide education about water conservation and available programs and incentives. GHG-1d. Solid Waste Measures 1. Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). 2. Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. 3. Provide education and publicity about reducing waste and available recycling services. GHG-1e.Transportation and Motor Vehicles 1. Limit idling time for commercial vehicles, including delivery and construction vehicles through the following measures – signage and provision of power outlets for every two dock doors. Install signs prohibiting diesel trucks from idling for more than five minutes and requiring them to connect to the power outlet to run any auxiliary equipment. 2. Use electric or natural gas equipment at the loading docks. 3. Promote ride sharing programs with future tenants e.g., by designating a certain percentage of parking spaces for
18 Table 1. Mitigation Measures for La Costa Town Square Project Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. 4. Create car sharing programs. Accommodations for such programs include providing parking spaces for the car share vehicles at convenient locations accessible by public transportation. 5. Provide the necessary facilities and infrastructure to encourage the use of low or zero-emission vehicles (e.g., electric vehicle charging facilities). 6. Incorporate bicycle lanes and routes into residential street systems. 7. Incorporate bicycle-friendly intersections into street design. 8. For commercial development, provide adequate bicycle parking to promote cyclist safety, security, and convenience. 9. Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points.