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HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66141 PLANNING COMMISSION RESOLUTION NO. 6614 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME, 6 AND FOR THE SUBDIVISION AND GRADING OF A 2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3 7 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT 8 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE 9 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 10 MANAGEMENT ZONE 20. CASE NAME: GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06- 11 03/CT 06-15/CDP 06-22/HDP 06-05 CASE NO.: TABATA RANCH 13 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 14 application with the City of Carlsbad regarding property described as: 15 Parcel 1 A: That portion of the east 264.14 feet of the west 1A of the 17 northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 18 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the south 15 acres of said west %; 20 Excepting from the above east 264.14 feet of said land, the 21 south 184.47 feet thereof; 22 Also excepting the east 28.00 feet and the north 30.00 feet 23 thereof; 24 Parcel IB: 25 The northerly 30.00 feet of the easterly 264.14 feet of the west 1A of the northeast % of the northeast % of Section 28,9/r 'ZD Township 12 south, Range 4 west, San Bernardino Base and 27 Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with 28 that portion of the easterly 28.00 feet of said west 1A lying northerly of the northerly line of the southerly 15.00 acres of said west 1A; Excepting from said easterly 28.00 feet, the northerly 30.00 feet 2 and southerly 184.47 feet thereof; 3 Parcel 2: 4 The southerly 184.47 feet of that portion of the easterly 264.14 t- feet of the westerly 1A of the northeast % of the northeast 1A of the Section 28, Township 12 south, Range 4 west, San 6 Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying 7 northerly of the northerly line of the southerly 15 acres of said west 1A\ o Excepting therefrom: 10 That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of 11 San Diego, California, described as follows: 12 Commencing at the northeast corner of said section; thence 13 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the 14 beginning of a tangent curve concave southeasterly, having a radius of 1651.00 feet; thence southwesterly along said curve 15 339.30 feet through a central angle of 11° 46' 30" to a point of , f the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as 17 Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the 18 west 1A of the northeast % of the northeast % of said section, a radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this 20 description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the 21 northerly line of the south 15.00 acres of the west Vi of said northeast % of the northeast '/4; thence south 89° 03' 23" east 22 along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 24 description; 25 Parcel 3: 26 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 27 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 28 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records PCRESONO. 6614 -2- 1 ("the Property"); and 2 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 3 Reporting Program and Addendum was prepared in conjunction with said project; and 4 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly 5 noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and 9 considering any written comments received, the Planning Commission considered all factors 10 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 11 Program and Addendum. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission as follows: 15 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 17 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 18 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the following 20 findings: 21 Findings; 22 i. The Planning Commission of the City of Carlsbad does hereby find: 23 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 24 Mitigation Monitoring and Reporting Program and Addendum for TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 25 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of 2" the project; and 27 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 28 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and PCRESONO. 6614 -3- 1 2 3 4 5~/ 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 c. it reflects the independent judgment of the Planning Commission Carlsbad; and d. based on the EIA and comments thereon, there is no substantial project will have a significant effect on the environment. 2. The Planning Commission has reviewed each of the exactions imposed on of the City of evidence the the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: 1 — jm^^^fm ^rm^ .^V"^^^. L'Heureux, *mmmJL. * W^f^^^M ^^^ MARTETX B. MONTGOMERY JraJirperson CARLSBAD PLANNING COMMISSION ATTEST: n ^O<?v(j ^ E)6N NBtl Planning Director PCRESONO. 6614 -4- FiLECOPY City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Tabata Ranch CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street and west of Lemon Leaf Drive (APNs 214-630-20. 214-631-20. 214-631-21). PROJECT DESCRIPTION: Demolition of an existing two-story single family dwelling, and subdivision of a 2.9 acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DATE April 11, 2009-May 1.2009 April 11,2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 » FAX (760) 602-8559 ° www.ci.carlsbad.ca.us MITIGATED NEGATIVE DECLARATION CASE NAME: Tabata Ranch CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street, and west of Lemon Leaf Drive (APNs 214-630-20. 214-631-20. 214-631-21). PROJECT DESCRIPTION: Demolition of an existing two-story single family dwelling, and subdivision of a 2.9 acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: IX! Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I | Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE date! pursuant to [CLICK HERE Administrative Approval, PC/CC Resolution No., or C'C Ordinance No.1 ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 DATE: March 30. 2009 BACKGROUND 1. CASE NAME: Tabata Ranch 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff (760) 602-4643 4. PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street, and west of Lemon Leaf Drive 5. PROJECT SPONSOR'S NAME AND ADDRESS: Noburu and Evelyn Tabata. P.O. Box 943. Carlsbad. CA 92018-0943. : 6. GENERAL PLAN DESIGNATION: RM (Residential Medium Density. 4-8 du/ac) 7. ZONING: L-C (Limited Control) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project site is located on the north side of Poinsettia Lane at the western terminus of Lemon Leaf Drive and consists of three parcels totaling 2.9 acres in size. The site is presently developed with a two-story single-family home and is surrounded on three sides by large single-family homes, Poinsettia Lane to the south, and Lonicera Street to the west. The proposed project requires a General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), and Local Coastal Program Amendment (LCPA 06-03) to change the General Plan and Local Coastal Program Land Use designations on the property from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density - Multiple (RD- M) and Limited Control (L-C) to One-Family Residential (R-l). The project also requires a Tentative Subdivision Map (CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06-05) to demolish an existing home and allow for the subdivision of the 2.9-acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. Topographically, the site slopes from east to west with a change in elevation from a high of approximately 305 feet above mean sea level (AMSL) in the northeast corner nearest Lemon Leaf Drive to a low of approximately 250 ft. AMSL in the northwest corner nearest Lonicera Street. Two of the five proposed residential lots will be accessed by way of Lemon Leaf Drive, and the other three accessed by way of a new public street (Catalina Vista) connecting at Lonicera Drive. GPA 07-05/ZC 06-04/LCPA 06-03/L, i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch The 2.9-acre project site is considered developed and consists primarily of maintained landscapes, graded surfaces, and a single-family home. No native vegetation, natural drainage areas, or wetland habitats exist onsite. The project site is located in and is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A Program EIR (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. The Zone 20 PEIR analyzed and recommended mitigation measure to reduce impacts to insignificant levels. The Zone 20 PEIR analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the analysis of the required additional biological resources, cultural resources, paleontological resources, geotechnical, Baseline Environmental Site Assessment, hydrology, and storm water management plans, reports, and studies, a determination has been made that no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project. The Zone 20 PEIR and additional technical studies are cited as source documents for this environmental evaluation. Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources X\ Cultural Resources Geology/Soils 2\ Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/u i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 08/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/u. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the / EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 08/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c * 06-15/CDP 06-22/HDP 06-05 Tabata Ranch AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, c) No Impact. The property is situated on a southwesterly facing hill overlooking Poinsettia Lane, Lonicera Drive and large single-family homes below. Unobstructed views of the ocean are 'available from this property. However, no ocean views are currently available from the public right-of-way at Lemon Leaf Drive as result of the existing single-family home and dense landscaping located at the end of the cul-de-sac. The view from Lemon Leaf Drive will not change as a result of this project as the existing single-family home and landscaping will be removed and replaced by two new single-family homes. Since the project site is not listed as a scenic vista in either the Local Coastal Program or the General Plan, and development of the site is replacing like structures in kind, no substantial adverse effect on any scenic vistas is assessed, and no substantial degradation of the existing visual character or quality of the site and its surroundings is assessed. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located on or adjacent to the site. The area of proposed impact is not located within the view shed of a State scenic highway or any State highway that is designated by the California Department of Transportation as eligible for listing as a scenic highway. Therefore, no impact is assessed. d) No Impact. The proposed single-family residential use is consistent with the surrounding single-family residential uses and will be designed such that it does not contribute a significant amount of light or glare. Therefore, no impact is assessed. Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-c) No Impact. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994. A Program Environmental Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, the project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The site is designated for single-family residential land-uses and is not encumbered by any Williamson Act contracts. Given that the project site is surrounded by existing residential development, the project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the surrounding residential development and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. Therefore, no impact is assessed. Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. As discussed below in Section IX - LANDUSE AND PLANNING, a General Plan Amendment is included as part of this project, which is proposing to change the General Plan Land Use designation on the property from Residential Medium Density (RM, 4-8 du/ac) to Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/u. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Residential Low-Medium Density (RLM, 0-4 du/ac). The proposed redesignation of this property will result in fewer dwelling units then was originally anticipated, and thus reduced impacts to regional air quality. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No Impact. The Pacific Rim Elementary School is located 0.27 miles to the northwest. As noted above, the proposed single-family project would not result in substantial pollutant emissions or concentrations. Therefore, no impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. 10 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L.i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a, b, c & f) No Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of the HMP. The 2.9-acre project site consists of three parcels surrounded on all side by communities of single-family homes. Most of the property is considered developed and consists of maintained landscapes, graded surfaces, and a single- family residence. Only man-made cement lined drainages exist on site. According to the City of Carlsbad's HMP, the site is identified as a Development Area, and is not located adjacent to or, near any Standards Area or Existing/Proposed Hardline Preserve Areas. 11 Rev. 01/02/07 f GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch A biological study was prepared for the project site by e2M dated March 6, 2008. According to the report, the site supports 0.9-acres of Disturbed/Graded Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of Landscaped Area. No native or wetland habitats or natural drainage areas were observed on the project site or within the vicinity. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 0.9-acres of Disturbed Lands (Group-F Habitat). No mitigation is required for impacts to the landscaped and developed/paved areas. Therefore, no impact is assessed. d) No Impact. Construction of the proposed project is not expected to impede local wildlife movement or migratory fish or wildlife movement. The subject site is not located within any of the HMP Core Focus Planning Areas, nor is the site adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. Therefore, no impact is assessed. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described in the sections above. No trees exist on the subject site, therefore no impact is assessed. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, b & d) Potentially Significant Unless Mitigation Incorporated. A Phase I Archaeological Assessment was prepared for the site by Brian F. Smith & Associates (BFSA) on June 10, 2008. The evaluation program was conducted in accordance with CEQA Section 15064.5 to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. Institutional records searches were requested from the South Coastal Information Center (SCIS) and Museum of Man (MOM) to identify previously discovered archeological sites in the project area, and a Sacred Lands File search was requested from the Native American Heritage Commission (NAHC) to list potentially sacred or ceremonial sites or landforms on or near the project. Of those searches, the MOM records search reported a prehistoric resource (W-4031) within the southwest portion of the project boundary, which was also identified by the Zone 20 PEIR. A pedestrian field survey of the site was conducted by BFSA on May 22, 2008, which failed to relocate W-4031, or produce any evidence of archeological sites or culturally sensitive areas anywhere on the subject property. Additionally, in accordance with the Tribal Consultation Guidelines for the State of California (California State Senate Bill 18, Chapter 905, Statutes of 2004), the City of Carlsbad requested consultation with the San Pasqual Band of Mission Indians, Mesa Grande Band of Mission Indians, Pala Band of Mission Indians, Kwaaymii Laguna Band of Mission Indians, Inaja Band of Mission Indians, Rincon Band of Mission Indians, San Luis Rey Band of Mission Indians, Santa Ysabel Band of Diegueno 12 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Indians, and the Kumeyaay Cultural Repatriation Committee. Of those listed, the San Luis Rey Band of Mission Indians requested a formal consultation with the City of Carlsbad, which was held on March 16, 2009. A request for a formal pre-excavation agreement and use of tribal monitors in addition to archeological monitoring was required to address any cultural resources that may be found given the Band's traditional territory. Although the current investigation by BFSA did not identify any significant resources within the project boundaries, it did indicate that past results of the archeological records searches and cultural resources studies within the Carlsbad area indicate that there is a high potential for buried cultural deposits everywhere along the coastal plain. Therefore, in accordance with the California Environmental Quality Act (CEQA) Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; mitigation measures have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Rey Band of Mission Indians during the demolition of structures and all earth- disturbing activities. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project boundaries during construction activities, all work is to be halted near the discovery and a qualified archeologist shall record and evaluate the discovery under CEQA. Through the implementation of the mitigation measures recommended in the Phase I Archeological Assessment, along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994. A Program Environmental Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, Eocene age rocks of the Santiago Formation (35 to 54 millions years old) are known to contain significant fossils in the Carlsbad area and represent a significant resource. Because this formation is found throughout the entire Zone 20 Specific Plan area, there is a high potential for discovery of fossils during grading and construction activities. A Geotechnical Update Report by Vinje & Middleton Engineering, Inc. (Job #01-364, August 2, 2006) and a Paleontological Resource and Monitoring Assessment (June 10. 2008) by Brian F. Smith & Associates (BFSA) were prepared, which analyzed the sites geologic condition and potential for impacts to paleontological resources. Both reports substantiate the soil conditions identified in the Zone 20 Specific Plan PEIR. Therefore, as stated in the paleontological assessment, because of the "high paleontological resource sensitivity" of the middle Eocene Santiago Formation and the "moderate paleontological resource sensitivity" of the lower to middle Pleistocene Lindavista Formation sediments present in the vicinity of the project site, paleontological monitoring of mass grading and excavation (utility trenching, etc.) activities is necessary to mitigate any adverse impacts (loss or destruction) to potential nonrenewable paleontological resources (i.e. fossils). A mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during grading operations, with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. 13 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/u. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. Therefore, no impact is assessed. a.ii.-a.iv. & c) Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Investigation was prepared by Vinje & Middleton Engineering, Inc. (Job #01-364-P) on October 24, 2001 and was later updated in a Geotechnical Update Report and Grading Plan Review} dated August 2, 2006. According to their report, the project site is a natural hillside underlain by sedimentary bedrock units of the Eocene Age mantled by a thin soil cover of Topsoil/colluvium with some artificial fill located in the southern portion of the site. Groundwater was not detected during any of the test excavations performed onsite; no evidence of landslides or other forms of geologic slope instability were discovered; no faults or 14 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch significant shear zones were indicated on or near the proximity of the project site; and liquefaction or other ground rupture failures are not anticipated. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. b) Less Than Significant Impact. During finish grading, exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. d) No Impact. According to the geotechnical report, onsite soils are considered to be very low in expansion potential. The report indicates that the site is suitable to receive the proposed improvements. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 15 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a-b) Less Than Significant Impact. Due to the subject properties prior agricultural use, and planned conversion to residential development, the site was evaluated for agricultural chemicals and fuel hydrocarbons in surficial soils. A Baseline Environmental Site Assessment was prepared for the project by Vinje & Middleton Engineering (VME), dated November 4, 2008 (VME Job No. 08-350-H). VME's assessment of the soil identified residual concentrations of Organochlorine pesticide compounds, DDT and breakdown metabolite DDE in 12 of 16 soil samples analyzed. According to the conclusions of the report, maximum levels of both compounds (200 ug/kg DDT and 230 ug/kg DDE) are below concentrations deemed to represent an exposure concern to future residents, and further evaluation of the site for potentially harmful chlorinated pesticides is not warranted. The VME report includes recommendations for the appropriate removal and disposal of nearly 3 cubic yards of petroleum hydrocarbon impacted soil that was identified by soil sample SS-5; recommends a confirmation soil sample be analyzed by laboratory to confirm the removal of fuel hydrocarbon impacted soil; and requires the submittal of an application to the County of San Diego, Department of Environmental Health (DEH), Site Assessment & Mitigation Division (SAM), Voluntary Assistance Program for report review, concurrence, and site closure letter on this project. On December 8, 2008, the applicant submitted the VME prepared Baseline Environmental Site Assessment to the County of San Diego, Department of Environmental Health (DEH), Site Assessment & Mitigation Division (SAM), Voluntary Assistance Program for review and concurrence. In a letter (VOLUNTARY ASSISTANCE PROGRAM #H39733-001, Tabata Ranch Site, Lonicera Street, Carlsbad California 92008) dated December 31, 2008, the DEH concurred with the findings of the VME Baseline Environmental Site Assessment, citing that the "in situ site soils do not appear to pose a human health risk to future residents." By following the recommendations contained within the referenced VME report, and compliance with the County's Voluntary Assistance Program, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered to be less than significant. A condition requiring the implementation of the suggested recommendations will be added to the project. The project also involves grading operations and construction activity for the future development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less than significant. 16 Rev. 01/02/07 f GPA 07-05/ZC 06-04/LCPA 06-03/L. i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch c) No Impact. The nearest schools to the project site Pacific Rim Elementary, which is located approximately 0.27 miles to the northwest. Because the site is not located within one-quarter mile of an existing or proposed school, no significant impact is anticipated. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials. Therefore, no impact is assessed. e) No Impact. The subject site is located approximately 1.15 miles southwest of the McClellan-Palomar Airport runway. Because the site is located well outside of the McClellan-Palomar Airport Area of Influence, it is concluded that the site will not cause a safety hazard for people residing or working within the project area. Therefore, no impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject site. Therefore, no impact is assessed. g) No Impact. Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact is assessed. h) No Impact. The proposed project site is surrounded by existing single-family development and Poinsettia Lane. No open space or wildland fire risks exist within the vicinity of the project. As such, the project does not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. Potentially Significant Potentially Unless Less Than Significant . Mitigation Significant No Impact Incorporated Impact Impact VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? 17 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C- * 06-15/CDP 06-22/HDP 06-05 Tabata Ranch e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project, prior to the start of construction, will comply with all Federal, State, and local permits including the Storm Water Management Plan (SWMP) required under the County of San 18 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L., 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development. b) No Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Therefore, no impact is assessed. c-f) Less Than Significant Impact. A Preliminary Hydrology Study and Preliminary Storm Water Management Plan (SWMP) were prepared for the project by PASCO Engineering, both dated June 27, 2008. According to these reports, the proposed project will slightly alter drainage patterns on the site to correct a minor drainage impact to the Poinsettia Lane drainage system that was created with the development of the surrounding subdivision (CT 98-i 4). The storm water discharge points will divert runoff from the existing condition; however, the ultimate discharge points will remain the same. No streams or rivers are present on the site and therefore will not be affected. The total post development runoff that is discharging from the site will not significantly exceed pre-development amounts, and therefore will not cause substantial erosion or flooding. To address water quality for the project, Best Management Practices (BMP's) will be implemented during construction activities and post-construction development. Pollutants of concern are being addressed through site design, source control, and treatment control BMP's. Landscaping of slopes, consisting of both native and non-native plants, will be utilized to reduce erosion. Riprap placed in locations of storm drain outfalls will be used to reduce velocities. Treatment control BMP's, such as landscaping and biofiltration swales will address water quality. Through these efforts, the project will not violate any water quality standards, or otherwise substantially degrade water quality; will not substantially alter existing drainage patterns causing substantial erosion, siltation, or flooding; and will not significantly impact the capacity of stormwater drainage systems. Therefore, impacts are considered to be less than significant. g-j) No Impact. The project site is not located within a 100-year flood hazard area; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k) Less Than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm water receptors to the maximum extent practicable as indicated in the project's Preliminary Storm Water Management Plan (SWMP). The greatest potential for short-term Water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading and construction BMPs for the project. Therefore, impacts are considered to be less than significant. 1-p) Less Than Significant Impact. The project site is located approximately 1.3-miles east of the Pacific Ocean. Storm water run-off will drain from the site and into the Batiquitos Lagoon and ultimately the Pacific Ocean by way of an existing storm drain system. According to the California 2006 303(d) list published by the San Diego Regional Water Quality Control Board, the Batiquitos Lagoon and Pacific Ocean (in the area of the Batiquitos Lagoon) are not listed as impaired water bodies. However, to address water quality of the project, BMP's will be implemented during construction activity and post construction development to attain water quality objectives. As discussed in the sections above, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. Therefore, impacts are considered to be less than significant. 19 Rev. 01/02/07 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated GPA 07-05/ZC 06-04/LCPA 06-03/u. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. Less Than Significant No Impact Impact IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a-c) No Impact. The 2.9-acre infill site is presently developed with a large single-family ranch style home, surrounded by existing single-family residential subdivisions. The project is proposing to subdivide the site into five (5) single-family lots for the future development of detached single-family homes that are consistent in scale and density with the surrounding community. Topographically, the site is sloping from east to west with a change in elevation from a high of approximately 305 feet above mean sea level (AMSL) in the northeast corner nearest Lemon Leaf Drive to a low of approximately 250 ft. AMSL in the northwest corner nearest Lonicera Street. The General Plan and Local Coastal Program Land Use designations for the site are both identified as Residential Medium Density (RM). The RM designation anticipates single-family, two-family, and/or multiple-family residential dwellings at 4 to 8 dwelling units per acre with a Growth Management Control Point (GMCP) of 6 dwelling units per acre. The project site has a net developable area of 2.17 acres. At the bottom of the RM density range, the site would yield 8.68 dwelling units, at the GMCP, the site would yield 13.02 dwelling units, and at the top of the RM density range, the site would yield 17.36 dwelling units. However, to develop the site at any one of these densities requires a significant amount grading to the site that would violate the City's Hillside Development regulations and Hillside Development Guidelines, and furthermore would require higher density residential product types that would not be compatible with the existing surrounding single-family homes. Therefore, given the topographic constraints of the site combined with the existing lower densities of the surrounding single-family residential developments, the project applicant is proposing to develop only five (5) single-family lots. As such, the resultant density is 2.3 dwelling units per acre, which is 3.68 dwelling units lower than the bottom of the RM density range and is 8.02 dwelling units below the RM GMCP. To ensure that development of this infill site is compatible with the existing surrounding residential land use densities, and to further reduce any potentially significant impacts to hillsides as a result of excessive grading, the project is proposing a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the General Plan and Local Coastal Program Land Use designations on the property from RM to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density - Multiple (RD-M) and Limited Control (L-C) to One-Family Residential (R-l). The proposed project density at 2.3 du/ac is compatible with the proposed RLM (0-4 du/ac) land use designation. Therefore, the project does not physically divide an established community or conflict with any existing or proposed land use plans or policies; and furthermore as illustrated above in Section IV - Biological Resources, the project does not conflict with any habitat conservation plans or natural community conservation plans of the City of Carlsbad. No impact is assessed. 20 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/u. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. Therefore, no impact is assessed. Potentially Significant Impact Potentially Significant UnJess Mitigation Incorporated Less Than Significant No Impact Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Potentially Significant Unless Mitigation Incorporated. An Acoustical Site Assessment (ISE Project #07-012) was prepared on the project site by Investigative Science and Engineering, Inc. dated May 24, 2007. According to the report, the primary noise source impacting the project site is from vehicular traffic on Poinsettia Lane. Poinsettia 21 Rev. 01/02/07 c GPA 07-05/ZC 06-04/LCPA 06-03/c. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Lane is identified in the City of Carlsbad General Plan as a Circulation Element major arterial, and is located directly adjacent to the site along its southerly boundary. The report does not require any exterior mitigation since all proposed noise sensitive areas will not exceed the City's 60 dBA CNEL exterior noise exposure threshold. However, the report does indicate that areas within proposed Lots 3, 4, and 5 will exceed the CCR Title 24, Noise Insulation Standards and will therefore need to be further analyzed under future building permits to demonstrate compliance with the 45 dBA CNEL interior noise standard. Therefore, prior to issuance of building permits for future homes on Lots 3, 4, and 5, an interior noise analysis compliant with the California Code of Regulations (CCR), Title 24, Noise Insulation Standards, is required in order to demonstrate that future architectural design limits-interior noise to 45 dBA CNEL or less. As mitigated, the site is suitable for the proposed project and exposure of people to noise related hazards is considered to be less than significant. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise levels. However, following the conclusion of grading, ambient noise levels and vibrations are expected to return to pre- existing levels and therefore impacts are considered to be less than significant. c) No Impact. The project consists of five (5) single-family residential lots, which is consistent in use and intensity as the surrounding residential development. As such, the project would not result in sustained ambient noise levels which would exceed the established standards. No impact is assessed. e) Potentially Significant Impact Unless Mitigation Incorporated. The subject site is located approximately 1.15 miles southwest of the McClellan-Palomar Airport runway. The project site is located well outside of the Airport Influence Area, Flight Activity Zone, and/or the Runway Protection Zones that are established by the McClellan- Palomar Airport Land Use Compatibility Plan (ACLUP). However, the site is located within the Noise Impact Notification Area (NINA), which encompasses most of the City of Carlsbad. According to the ACLUP, much of the noise in this area occurs on an irregular basis, and is often called single event noise. This type of noise, although not generally considered to be a health or safety issue, may be a nuisance. Therefore, all residential projects located within the NINA are required to record a notice that the property is subject to over flight, site, and sound of aircraft operating from McClellan-Palomar Airport. A mitigation measure is included to reduce this impact to a level considered to be less than significant. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-c) No Impact. The project's size of five (5) single-family residential lots is consistent with the intensity of the surrounding residential land uses. The project site and the area surrounding it are designated for residential 22 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c,06-15/CDP 06-22/HDP 06-05 Tabata Ranch development and were analyzed accordingly in the Zone 20 Local Facilities Management Plan and the Zone 20 Specific Plan EIR. As indicated above in Section IX., the density of the proposed development is consistent with the proposed amended City of Carlsbad General Plan. The project will not displace people or existing housing, thus necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks?. v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i. - a.v.) No Impact. The project's size, consisting of five (5) single-family residential lots, is consistent with the General Plan and therefore will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 20. Therefore, no significant public service impacts will occur as a result of this project. No impact is assessed. Less Than Significant No Impact Impact XIV. RECREATION Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 23 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03 A,, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch a-b) No Impact. The project's size, consisting of five (5) single-family residential lots, will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The development of this site is anticipated by the General Plan, and in accordance with the Zone 20 Local Facilities Management Plan the project is conditioned to pay park-in-lieu fees to Park District 3. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact is assessed. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? a) Less Than Significant Impact. Five (5) lots for single family homes will generate 50 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered to be less than significant. 24 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-C" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990).- Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's proposed amended General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is located within an area conducive to public transportation, being in close proximity to Poinsettia Lane and Aviara Parkway, both of which are major circulation element roadways. No impact is assessed. Potentially Significant Potentially , Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? 25 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 20 LFMP anticipated that the project site would eventually be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed density (2.3 dwelling units per acre) is less than what was originally anticipated (6 dwelling units per acre at the Growth Management Control Point) for this site and thus will not result in an overall increase in the City's growth projection in the SW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact is assessed. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 26 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Potentially Significant Impact Unless Mitigation Incorporated. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded on all sides by single-family communities; it does not contain any fish or wildlife species; and is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species. However, the project's required mitigation as outlined in the Cultural Resources section will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the. short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will'comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a less than significant level. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, 27 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 28 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Program Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). Brian F. Mooney Associates. June 1992. 2. Airport Land Use Compatibility Plan for. McClellan Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 3. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 4. City of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Department, as updated. 5. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 6. Habitat Mapping and Quantification - Tabata Ranch Project. e2M (Engineering - Environmental Management, Inc.), dated March 6, 2008. 7. Phase I Archaeological Assessment of the Tabata Ranch Development Project. (APNs 214-630-20, 214- 631-20. 214-631-21). City of Carlsbad. San Diego County. California. Brian F. Smith & Associates (BFSA), June 10,2008. 8. Paleontological Resource and Monitoring Assessment. Tabata Ranch Development Project (APNs 214- 630-20. 214-631-20. 214-631-21). City of Carlsbad. San Diego County. California. Brian F. Smith & Associates (BFSA), June 10, 2008. 9. Preliminary Geotechnical Investigation. Proposed 4-Lot Subdivision Tabata Ranch off Camino De Las Ondas and Lonicera Street (Job #01-364-P). Vinje & Middleton Engineering, Inc., October 24, 2001. 10. Geotechnical Update Report and Grading Plan Review. Proposed Tabata Ranch Subdivision. Lemon Leaf Drive. Carlsbad. California (Job #01-364-P). Vinje & Middleton Engineering, Inc., August 2, 2006. 11. Baseline Environmental Site Assessment - Tabata Ranch (Job #08-350-H). Vinje & Middleton Engineering (VME), November 4, 2008. 12. County of San Diego, Department of Environmental Health (DEH), Site Assessment & Mitigation Division (SAM). Voluntary Assistance Program #H39733-001. Tabata Ranch Site, Lonicera Street. Carlsbad California 92008. December 31. 2008. 13. Preliminary Hydrology Study for Tabata Ranch. Lemon Leaf Drive, Carlsbad. California, Pasco Engineering, Inc., June 27, 2009. , 14. Preliminary Storm Water Management Plan. Lemon Leaf Drive. Carlsbad. California. Pasco Engineering, June 27, 2008. 15. . City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. City of Carlsbad Planning Department, September 1992. 16. Acoustical Site Assessment Tabata Ranch Residential Development. Carlsbad. California (ISE Project #07- 012). Investigative Science and Engineering, Inc., May 24, 2007. 29 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03 A_1 06-15/CDP 06-22/HDP 06-05 Tabata Ranch LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Archeological mitigation measures shall be implemented as follows: a. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing and demolition activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 2. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. 30 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. Prior to the issuance of building permits for any homes on Lots 3, 4, and 5, an interior noise analysis shall be submitted to the Planning Director which demonstrates compliance with the City of Carlsbad Noise Guidelines Manual and the California Code of Regulations (CCR), Title 24, Noise Insulation Standards. 31 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date S ^naure 32 • Rev. 01/02/07 CO M— O Q) D) CO CL- IO & 9<oo Q. Q I CN Cjl to0 Q.Q O 55 1too1-O n 9too Q. O ^^Jotoo 0N 109 o Q. O CD D) 1 0•*-" 0"E 0 ._ 0'o" Q. CO £ £ 15 o Q. Q. ., 0 co co0 0.c 0 "c co -oa: & UJ CDm J5 i 11Z. o UJ •- r^ 2LJ- CD $ CO0 33 COCD0 E o'~ CJ) CD .C Ocre re.are o o»o :-~ CN E o —CO JO JZ Co 0 CD £^ c:s p •• LLJ '5 :> < ^ <C Q O)Z _j c t- < >O > o LLJ O "g O 0. CD Ct: O. -cQ. < H -I-JCO -1— 1 JD "CD 0 TJ 0 COCD0E co "CDO) i (- oCD0 ^ "w 32o0 o T30c O) 'to T3c CD T3JD "0 D.Eoo ^-*<. 8 CDo i {"** 'c D)'co .£ M—o "0 ^CD o•*— • CO•sCDQ. E "ro "c0E S c0 T30 '^3 0X3 >» J2 0COco< o-*^ "o0Q.CO0 1 $ j2 0 E0» cr0 C3) ^'co E _co 3T1 b0 "*""*_co M— T3C CD 73 0E0 Q.E"~~-a CD £ "5 •Q 0 "o. Eo0 c00J2 COCD-C 0 DCOCD 0 E co S" ^»COo T— CN Co "80 CO 0T3O O CO0o 13 0CO 0Od 0 "5 D '"CD t- .!"?o £ !c -4— ' CO m coECD Co .i!!•= CD "— > CD "a. E c 0 COC C '•£ JO .C CO -*-»O) cc a> o E.° t'c coo Q-•=; <"•>a Q D)c O o~ >. 2>Mitigation Measure^ raO) * CZ Q) 'E CD C £ CO O)n" c°~ UJ *Q Cg -2 £= olC CDQ- -0 3ological mitigation measures shall be implemented as»/s:"§ = (/) M —<u ° 3 0>-£i Oo c2 § CO CO c '"I CO O Prior to demolition of any structures or issuance of aCO D) TJ *-•2 E 05 Q) CO Q.grading permit, whichever occurs first, the developershall enter into a pre-excavation agreement with arepresentative of the San Luis Rey Band of MissionIndians. The purpose of this agreement will be toestablish the requirement of tribal monitoring and toformalize procedures for the treatment of NativeAmerican human remains and burial, ceremonial, orcultural items that may be uncovered during anyground disturbance activities.Prior to demolition of any structures or issuance of agrading permit, whichever occurs first, the projectdeveloper shall retain the services of a qualifiedarcheologist to monitor all ground disturbing anddemolition activities. The applicant shall provideverification that a qualified archeologist has been-0 retained, and verification shall be documented by aletter from the applicant and the archeologist to thePlanning Director.A qualified archeologist shall be present at the pre-construction meeting to consult with the grading ando excavation contractors.ro•a 73 = s-S 05 CO 'EIllc oo "s•^ ^u ~2. ro F co.91 = cz c: 5 c 03 73 Ocub •» 75 ® t""cno E o c ,„ M fc-SS $ E & CL-Q c*«- C (/) Om O CO 'iSill I o -c ui EQ. « CO o,y> (n co XQ) — c • —•- 0) fc °«.- t c o> . ) O CO .> o .o ^lilf i>E 'd ?;..Ijsl8^°-s 0) C Uo <".~ <D O) s^- "• C C rn ""t3 * <5 S S x (D Q £ "Q.< 73 «l- 5 co > 111co o D co M— O CM <Uo> CO Q. 1CO Eo>K. cg T3 £co cit 0) o> E> ^Q. E ° </>c c:5 rooE w -«— >en cc 0•^ c°t "F TO 0 £ ^Q O)c -'d m0 Q. 1^O•5•^Mitigation Measurei— M— m In the event that any cultural resources, concentratiorof artifacts, or culturally modified soil deposits arediscovered within the project area at any time duringconstruction, the archeological monitor shall beempowered to suspend work in the immediate area othe discovery until such time as a data recovery plancan be developed and implemented.The discovery of any resource shall be reported to thiCity of Carlsbad Planning Director prior to anyevaluation testing.If any deposits are evaluated as significant underCEQA, mitigation may be required as recommendedby the qualified archeologist.~6 0 M-: --. °>r-i1!._ 0c 0c c: J5 D) °-iS •4-Jro'EM— i—O 0 (U °- 2 £ i5 i_ CO :=O ^ j2.'C 0) P Q- .<" 0) W ^ — 0 1 sl°i H - s |5| § B£l?!^§? 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K. co M— O oo Q) O)TO Q_ 1CO E0cr: cg •o ^ E 0 0 E "5. E co C c ^ D)"c C 0sila^ *iC_ ^^ D)C '>- 02 o. 'c i_ 0 ^Mitigation MeasureWhen fossils are discovered, the paleontologist (orpaleontologicai monitor) shall recover them. In mostcases this fossil salvage can be completed in a shortperiod of time. However, some fossil specimens (suchas a complete large mammal skeleton) may require anextended salvage period. In these instances thepaleontologist (or paleontologicai monitor) shall beallowed to temporarily direct, divert, or halt grading toallow recovery of fossil remains in a timely manner.Due to the small nature of some fossils it may benecessary to collect matrix samples for processingthrough fine mesh screens.-^j Any fossils collected shall be prepared to the point ofidentification and properly curated before they aredonated to their final repository.0 0 'c 0 Q. 0 0 O _0 j/f (/) (/) £ T3 CO Q. 0 CL ., •notes, photos, and maps, shall be deposited (as adonation) in a non-profit institution with a researchinterest in the materials, such as the San Diego NaturalHistory Museum.A final summary report shall be completed that outlinesthe results of the mitigation program. This report shallinclude discussions of the methods used, stratigraphicd)section(s) exposed, fossils collected, and significanceof recovered fossils.c 'cf— CO Q. «» ***—0) O •C *•.+- 0 0 °H c !_ COo ^•c in D. .<£. -o c .*; o E E wO 0 >,=C COco sz !_ W It0 CO Q-CDO) Wc o 73 C L_ ?| 0 —O c:c. TOro^ inen — c 0 COr~ 0 -•*-• co o j2°C O0. _J CO J_p **—O) u> ;g E '5 0 -Q Q.Planning Director which demonstrates compliance withty of Carlsbad Noise Guidelines Manual and theQ) <• '^J= U *- 0o -C §-0 w co0E ^ 2 co" c "o .co —i m 0 'o Z CM JL) P Oo, c:O 3 D) £-8M— 1—O TO ll U CO CO CE--Bo jo "co <nO £ T3Cra T) 111(/) 01 'cas "o — <D -rj <U ^1-°_ CO= III!CJ> ^ C c c •— o o ^ ^ .« •— o '5 •"_ ^ "C r- "D ^3ra c S C:°- § "c oro •= d) t"•p E ouD) O ^ « ' raisil £c^§d) o ra ^ 75 c ^ ™ c o 3O *- c/)Q. « ra(/)(/)(!>o> •- p•- <u c &3§ ll.§>°<r c *=; </> a) T- c E 2> o .o c rofo *-- fo a) In llflf C C <j<U Q en •isflf 0> II ,| Cp O *i W 2 ^ Q^ oz-i ii 2o> •=a>. <0 D. O £ gj fl) QS (n> &. a: EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR TABATA RANCH GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 The purpose of this Addendum to the Mitigated Negative Declaration is to include Specific Plan Amendment 203(C) as part of the project description for the Tabata Ranch project, and to state the determination that this revision does not create any new significant environmental effects, that none of the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. Subsequent to the circulation of the Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (April 11, 2009), it was determined that an amendment to the Zone 20 Specific Plan was necessary in order to reflect the proposed land use change from Residential Medium (RM, 4-8 du/ac) to Residential Low-Medium (RLM, 0-4 du/ac). This revision is not considered substantial or significant as it relates to the environmental effects associated with the project or the conditions contained in Section 15162 of CEQA. The Specific Plan Amendment does not create any new significant environmental effects, nor does it cause any of the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) to occur, and a subsequent Mitigated Negative Declaration is not required. Date: Don Neu Planning Director