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HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66571 PLANNING COMMISSION RESOLUTION NO. 6657 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 SUBDIVISION OF A 10.07 ACRE SITE INTO FOUR LOTS 6 WITH 49 AIRSPACE CONDOMINIUM OFFICE UNITS AND THE DEVELOPMENT OF A 66,000 SQUARE FOOT THREE- 7 STORY OFFICE BUILDING AND PERMANENT RV STORAGE AREA ON PROPERTY GENERALLY LOCATED 8 SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, o AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE 10 ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22 AND THE "OPTION PARCEL," IN LOCAL FACILITIES 11 MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 12 CASE NO.: GPA 09-01 /ZC 09-01 IMP 02-03(B)/CT 09-01 / 13 SDP 09-01/PUD 09-01 14 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 16 "Owner," described as 17 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East ' 8 Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, 20 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, 21 filed in the Office of the County Recorder of San Diego County, August 3, 2005 as Instrument No. 2005-0659805 of 22 Official Records 23 ("the Property"); and 24 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 25 Reporting Program and Addendum were prepared in conjunction with said project; and26 27 WHEREAS, the Planning Commission did on December 16, 2009, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, examining the initial study, analyzing the information submitted by staff, and 3 considering any written comments received, the Planning Commission considered all factors 4 - relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting g Program and Addendum. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental 13 Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the following 14 findings: 15 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 17 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration IB and Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 19 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this 20 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 21 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 22 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 24 c. it reflects the independent judgment of the Planning Commission of the City of 25 Carlsbad; and " d. based on the EIA and comments thereon, there is no substantial evidence the 27 project will have a significant effect on the environment. 28 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6657 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 5 vote, to wit: 6 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, 7 Schumacher, and Chairperson Montgomery 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 12 13 14 MARTELL B. MONTGOMERY, Cjmperson CARLSBAD PLANNING COMMlfSION 15 21 16 ATTEST: 1?" 18 19 DONNEU 20 Planning Director 21 22 23 24 25 26 27 28 PC RESO NO. 6657 -3- City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Robertson Ranch Planning Area 22 CASE NO: GPA 09-01/ZC 09-01/MP 02-03CBVCT 09-01/PUD 09-01/SDP 09-01 PROJECT LOCATION: South of Cannon Road. East of El Camino Real., at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel" CAPNs 168-360-03 & 168-050-55). PROJECT DESCRIPTION: A development proposal to subdivide a 10.07 acre site into four (4) lots with 49 airspace condominium office units, and to allow for the grading and construction of a 66,000 square foot 3-story office building and permanent RV storage facility. The proposed project requires approval of a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, Site Development Plan, and Non-Residential Planned Development Permit. 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 OCTOBER 21, 2009 - NOVEMBER 10. 2009 OCTOBER 21.2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01 /PUD 09-01 /SDP 09-01 DATE: October 16.2009 BACKGROUND 1. CASE NAME: Robertson Ranch Planning Area 22 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff. Associate Planner (760-602-4643) 4. PROJECT LOCATION: South of Cannon Road. East of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan. Planning Area 22 and the "Option Parcel" (APNs 168-360-03 & 168-050-55). 5. PROJECT SPONSOR'S NAME AND ADDRESS: Calavera Hills II. LLC. 12865 Pointe Del Mar. Suite 200. Del Mar, CA 92014 (Phone: 858-481-8500) 6. GENERAL PLAN DESIGNATION: Unplanned Area (UA) & Residential Low Medium Density (RLM. 0-4 du/ac) 7. ZONING: Planned Community (P-C) & Residential Mobile Home Park (RMHP) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed Robertson Ranch Planning Area 22 project site is located within the Robertson Ranch Master Plan community, and is composed of Planning Area 22 (4.37 acres) and the 2.21 acre westerly portion of the adjacent 5.7 acre property, identified in the master plan as the "Option Parcel". The applicant is proposing to develop a 66,000 square foot 3-story office building and permanent RV storage facility on the project site. The project involves a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, Site Development Plan, and Non-Residential Planned Development Permit. A General Plan Amendment (GPA 09-01) is proposed to change the existing General Plan Land Use designations on the project site from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office (O) and Open Space (OS). A Zone Change (ZC 09-01) is proposed to change the existing zoning designation on the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" from Residential Mobile Home Park (RMHP) to Planned Community (P-C). GPA 09-01/ZC 09-01/MP 02-03(B),of 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 A Master Plan Amendment (MP 02-03(B)) is proposed to: a) Expand the existing Planning Area 22 boundary in the easterly direction to incorporate the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" into the Robertson Ranch Master Plan community, b) Change the underlying zoning of Planning Area 22 from Limited Control (L-C) to Office (O) and Open Space (OS), c) Create a new Robertson Ranch Planning Area 23 (G) to include a 1.15 acre Open Space lot over the wetland buffer for Calavera Creek, and d) Establish a permanent RV storage facility on Planning Area 22 to accommodate both the East and West Villages. A Tentative Tract Map (CT 09-01) is required in order to subdivide a total of 10.07 acres, consisting of two parcels (Planning Area 22 (4.37 acres) and the "Option Parcel" (5.70 acres)), into four (4) lots and 49 air space condominium office units. Proposed Lot 1 is 4.63 acres in size and will accommodate the proposed office building. Proposed Lot 2 is 0.80 acres in size and will accommodate the proposed permanent RV storage facility. Proposed Lot 3 will become a 3.49 acre remainder of the "Option Parcel", which is not being developed as part of this project. Proposed Lot 4 is a 1.15 acre open space lot, which will include a minimum 100 foot wide wetland buffer extending from the northerly edge of the low flow of the Calavera Creek channel (located on the adjacent Rancho Carlsbad property to the south) to the toe of the PA 22 office development pad slope. A Site Development Plan (SDP 09-01) is required for the approval of a conceptual site design for the proposed development. A 66,000 sq. ft. 3-story office building is proposed on Lot 1, which is oriented along Cannon Road with its primary entrance centered off of the south elevation. A parking lot, accommodating 265 spaces, is proposed around the south, west, and east sides of the office building. The office building structural height is 45 feet to the top of the roof parapet, and 55 feet to the top of the tallest architectural feature. An RV storage facility is proposed on Lot 2, which is located in the northeast corner of the property adjacent to the proposed office building and Cannon Road. The entire site will take access from an existing signalized intersection located at Wind Trail Way and Cannon Road. A Non-Residential Planned Development Permit is required to allow for the proposed 49 air space condominium office units. The site is part of a previously approved Master Planned residential community, and has been previously mass-graded through a grading permit issued for the Master Tentative Map for the Robertson Ranch East Village. There are no sensitive biological resources presently existing on the site. Six habitat types are present on the proposed project site; revegetated Diegan Coastal Sage Scrub, Developed Land, Disturbed Land, Eucalyptus Woodland, Exotic, and Non-Native Grasslands. Surrounding land uses include single-family residential (PA 21: approved, but undeveloped courtyard homes) and an existing 3-story multifamily residential apartment complex (PA 15) across Cannon Road to the north; the Rancho Carlsbad mobile home residential community to the south; the undeveloped Residential Mobile Home Park (RMHP) zoned "Option Parcel" to the east; and a community park site (PA 12) and a water quality open space lot (PA 20) to the west. Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 In order to construct the proposed project, the site will require an additional 6,200 cubic yards of excavation, 4,500 cubic yards of fill embankment, and a resulting 1,700 cubic yards of export of soil to accommodate the proposed office development and associated parking lot, RV storage facility, and landscaping amenities. The project site was the subject of a previous CEQA review in the Robertson Ranch Final Program Environmental Impact Report (EIR), which was certified by the Carlsbad City Council on November 14, 2006 (EIR 03-03, State Clearing House #2004051039). Through the certification of the EIR, the City Council adopted CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The EIR is intended to be used in the review of subsequent projects within Robertson Ranch Master Plan. The project incorporates the required Robertson Ranch Master Plan EER mitigation measures, and through the analysis of the required additional plans, reports, and studies pertaining to biological resources, geotechnical, hydrology, storm water management, and noise, a determination has been made that with the implementation of additional mitigation measures, no additional significant impacts beyond those identified and mitigated for by the EIR will result from this project. The Robertson Ranch Master Plan EIR and additional technical studies are cited as source documents for this environmental evaluation. Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^f 09-0I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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. I | Aesthetics O Agricultural Resources D Air Quality O Biological Resources [>3 Cultural Resources D Geology/Soils I | Hazards/Hazardous Materials l~~l Hydrology/Water Quality I I Land Use and Planning f~l Mineral Resources £<] Mandatory Findings of Significance Noise Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(BKf 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 DETERMINATION. (To be completed by the Lead Agency) [H 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 I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. O 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. O 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. /o - is- Date Planning Director's Signature Date Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^ f 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^f 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 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. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact D a a a-b) No Impact. The Robertson Ranch Master Plan and EIR included a visual quality and landform analysis for the Master Plan area. The proposed site is located on mostly level ground previously used for agriculture and will not require significant alteration of landform. The majority of the development area of the subject site has been previously graded with a deposit of fill soil placed over much of the site via the grading permit issued with the Master Tentative Map for the Robertson Ranch East Village (CT 02- 02). This fill was assessed in the EIR and found to not result in a significant impact. PA 22 is not within the view shed of a scenic vista, and is not visible from a State scenic highway. No impact is assessed. c-d) Less than Significant Impact. The proposed project complies with the Robertson Ranch Master Plan development standards for architectural design and landscaping. Compliance with these standards and guidelines mitigates any potential visual quality impacts of individual development projects that are approved and implemented consistent with the Master Plan. Compliance with the development standards of the Master Plan specifically mitigates visual impacts including those associates with line of sight views from the Rancho Carlsbad Mobile Home Park, the closest existing development. The project complies with these standards. The project also complies with the development standards of the City's Office (O) Zone, which is being proposed. The office building will not exceed 45-feet in height, with architectural projections not exceeding 55-feet. The project design incorporates increased setbacks at a ratio of one (1) foot per additional foot of building height in order to compensate for the proposed building height. The RV storage lot will be surrounded by an 8-foot visual barrier consisting of a 2 ft. tall earthen berm and 6 ft. tall solid masonry wall set on top. The Conceptual Landscape Plan incorporates a plant palette and layout designed to reduce the mass of the proposed office building and to screen the permanent RV storage facility from the existing Rancho Carlsbad Mobile Home Park by utilizing a combination 6 ft. tall solid masonry wall at the top of the surrounding pad along with a dense planting of both evergreen and deciduous trees. A view analysis has been conducted from existing residences along the periphery of the Rancho Carlsbad Mobile Home Park. This analysis concludes that the distance and dense landscaping will serve to eliminate the potential for significant visual impacts from this area. Further, the project will incorporate light shielding to minimize the potential for any light spillover into adjacent neighboring properties. Rev. 10/02/09 f r GPA 09-01/ZC 09-01/MP 02-03(B)/cT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 PA 22 was analyzed to be developed with a residential (20 courtyard units) development in the Robertson Ranch EIR. PA 22 development was addressed specifically for any potentially significant aesthetic impacts. The EIR concluded that Robertson Ranch (including PA 22) was not considered a scenic resource nor will future development on the project site block any existing scenic vistas from the view of surrounding land uses. Moreover, the project was determined to ensure aesthetic quality of future development through compliance with the Master Plan Design Guidelines. Also, it was noted that the project will avoid substantial changes to significant natural features. Notwithstanding that the present PA 22 development proposal proposes a modification of the EIR-assumed land use, and the proposed office building will be approximately 10-feet higher than the residential units could have been, the proposed project is otherwise consistent with the Robertson Ranch Master Plan Design Guidelines. The proposed dense landscaping buffer will mitigate visual impacts associated with the increased height of the proposed office building and the RV Storage facility. Furthermore, the project strictly complies with the O-Zone development standards for parking, landscaping, setbacks, and other requirements. In light of these factors, a less than significant impact to aesthetic values is assessed for the proposed project. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D n a-c) No Impact. The Robertson Ranch Master Plan EIR identifies all Important Farmlands within the Robertson Ranch Master Plan Area. All of the Prime Farmland and Farmland of Statewide Importance is located north of Cannon Road and is outside of the proposed development envelope of the project and will not be impacted by the project. In addition, the EIR concludes that implementation of the Robertson Ranch Master Plan does not constitute a significant impact to agricultural resources and thus no mitigation was required for implementation of the Master Plan. Therefore, it is concluded that no impact is assessed to Agricultural Resources. Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/cT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 [~~1 CD CD Kl applicable air quality plan? b) Violate any air quality standard or contribute |~] CD El CD substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net I I I I £3 CD 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 I I I I | | [X] pollutant concentrations? e) Create objectionable odors affecting a I I I I | I IXI substantial number of people? a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (Oi) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 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, 10 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;,^F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(d) 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 to 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, as discussed below, is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. The Robertson Ranch Master Plan EIR addressed a project that included 1,383 dwelling units at final build out. The worst-case traffic impact assumptions were based on this residential figure. Subsequent to the EIR analysis, the Robertson Ranch Master Plan was approved with a maximum of 1,154 dwelling units, or 229 residential units (200 multi-family and 29 single-family) less than what the EIR had assumed would be constructed within the Robertson Ranch property. Therefore, at build out, the Robertson Ranch project would generate 1,890 total ADT less (1,600 multi-family ADT, plus 290 single-family ADT) than the project intensity addressed in the EIR. This reduced traffic generation will result in a corresponding reduction in air quality impacts. However, the Traffic Analysis that was prepared for the proposed PA 22 project concludes that this project is expected to generate a net 308 ADT greater than the amount of ADT originally assumed for the PA 22 property and its direct neighboring planning areas within the East Village. For air quality impact purposes, this 308 ADT net local traffic generation increase when subtracted from the 1,890 ADT decrease for the overall Robertson Ranch project will result in a net decrease in build out traffic generated by the Robertson Ranch project of 1,582 ADT. Furthermore, the proposed PA 22 project no longer proposes residential dwelling units, and thus does not propose fireplaces, barbecues, or similar emission creating sources. Therefore, both the mobile source and fixed source emissions from the PA 22 project will not exceed the amount projected in the Robertson Ranch Master Plan EIR. No impact is assessed. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively 11 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 15064(h)(3), the proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. The nearest school (Kelly Elementary School) is located approximately one mile west of the site. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. No impact is assessed. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D D D D D D D D 12 Rev. 10/02/09 f GPA 09-01/ZC 09-01/MP 02-03(B)/^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact D Impact D 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) Less Than Significant Impact. According to the Robertson Ranch Master Plan HMP Hardline Map, the project site, consisting of both PA 22 and the "Option Parcel", is identified as Development Area with no adjacent hardline boundaries. A Preliminary Biological Assessment was prepared by Planning Systems, dated August 10, 2009, to provide a site specific evaluation of the biological resources on the project site. The results of that assessment are described below: VEGETATION ANALYSIS Plant Community Type Revegetated Coastal Sage Scrub Developed Lands Disturbed Lands Eucalyptus Woodland Exotic Lands Non-Native Grassland Total Acres Present 0.34 0.43 3.78 0.24 0.28 1.51 6.58 Acres Impacted 0.06 0.04 3.50* 0.23 0.00 0.71 4.54 *Mitigation fee for 3.40 acres of land for PA 22 grading associated with CT 02-16 has already been paid. A balance amount of .10 acres will be required for the area of expansion into the "Option Parcel". The only potential sensitive habitat present on the site is 0.34 acres of revegetated Coastal Sage Scrub, which was planted on the south slope of the Cannon Road right of way. According to the Preliminary Biological Assessment, this is an immature, not yet established community existing in a disturbed state due to the installation of eucalyptus as a community component. Given these conditions, this area does not represent a viable sensitive plant community. Furthermore, review of the project specific Preliminary Biological Assessment and Robertson Ranch Master Plan EIR indicates an absence of riparian, aquatic or wetland habitat, or any other sensitive natural communities on the proposed project site. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). No mitigation is required for impacts to the landscaped (i.e., exotic) and developed/paved areas. Therefore, a less than significant impact is assessed to biological habitat modification or impacts to sensitive biological communities. Calavera Creek is located off site and adjacent to the project's southerly boundary within the Rancho Carlsbad Mobile Home Park. According to the Preliminary Biological Assessment, the open water found in the creek bottom of this off-site creek channel does not support any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation, while the creek banks and adjacent flat bench are planted with ornamentals and maintained regularly by the Rancho Carlsbad HOA. Therefore, the northern edge of the channel bottom (the edge of 13 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>v,r 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Open Water) represents the wetland feature most proximate to the proposed project boundaries. Pursuant to the HMP conservation standards, a 100-foot buffer is required from all wetlands, which this project incorporates by design. . Best Management Practices (BMPs) as required by the Storm Water Management Plan contains adequate measures that will preclude significant sediment runoff from the site. The project will implement erosion control measures to avoid pollution and sedimentation of important water resources and the loss of vegetative resources from sloped areas by incorporation of such features as silt fences, brow ditches where needed and desiltation basins. Furthermore, it should be noted that there is an existing 6 foot tall masonry wall belonging to the Rancho Carlsbad Mobile Home Park and located on the north side of the creek channel further separating this project from the creek channel. As a result of these factors, a less than significant impact is assessed. b-f) No Impact. The Robertson Ranch Master Plan EIR and the project specific Preliminary Biological Assessment both indicate an absence of federally protected wetlands on the project site as'defined by Section 404 of the Clean Water Act. Therefore, the project will not have a substantial adverse effect on federally protected wetlands through direct removal, filling, hydrological interruption, or other means The project has been designed to comply with the requirements of the Carlsbad HMP. This document shows that the proposed project does not directly impact any identified animal migration corridors through the city. The project is located adjacent to the Calavera Creek, which according to the Preliminary Biological Assessment may serve as a wildlife movement corridor. As discussed above, the project is providing a 100-foot buffer from the creek channel. Standard HMP requirements as they pertain to fencing, lighting, and the use of noninvasive plant species have been incorporated into the project design to minimize any potential edge effects. The project has been designed to comply with the City of Carlsbad HMP and does not conflict with any policies or ordinances protecting biological resources within the city. As a result, the project is determined to comply with the regulations and requirements of the HMP and does not conflict with any other policies or ordinances protecting biological resources at a local, state or federal level. Therefore, no impact is assessed. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the I I I I I I [X] significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the O [X] CH d significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale I I [x] I I I I ontological resource or site or unique geologic feature? d) Disturb any human remains, including those | | I I | | 1X1 interred outside of formal cemeteries? 14 . Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 a) No Impact. A Cultural Resources Survey and Evaluation for the entire Robertson Ranch Master Plan Area (including the "Option Parcel") was prepared by Brain Smith and Associates (BFSA), dated June 2002. Cultural resource sites were identified throughout the Master Plan area and no historical sites were located within the footprint of the proposed project site. However, a Historic Structure P-37-024329, the original Robertson Ranch House, was located nearby to the east and just outside of the footprint of the subject project. This structure was described as a rectangular wood-frame and sided, Victorian style structure that had several modern era additions. The BFSA Cultural Resources Survey and Evaluation determined that the structure was in poor condition and not deemed a significant historical structure and no mitigation was suggested. The structure has since been removed. b-c) Potentially Significant Unless Mitigation Incorporated. The BFSA Cultural Resources Survey and Evaluation identified a small archaeological site on (at the location of the proposed RV storage lot) the proposed project site. Cultural Site SDI-16,138 was identified as a small scatter of marine shell and associated lithic artifacts located on a gradual slope west of the of the original Robertson Ranch house. Testing of the site demonstrated that SDI-16,138 consisted of a moderate scatter of marine shell with a small amount of bone and lithic artifacts. Testing concluded that the presence of both marine shell and bone indicated food processing was the primary activity at the site, while the surface artifacts suggested limited lithic tool production or maintenance also occurred. The site was deemed to be significant and required mitigation through excavation and analyses. In accordance with the Robertson Ranch Master Plan EIR mitigation measures, a data recovery program was completed for archaeological site SDI-16,138. This data recovery program is documented in the Results of a Cultural Resources Mitigation and Monitoring Program for Robertson Ranch, dated November 26, 2008, by Brian F. Smith and Associates. According to this report, no lithics were present in the collection, nor was pottery or any other temporally distinct artifact encountered from SDI-16,138 during the data recovery program and thus mass grading of the site was allowed to occur in compliance with the Robertson Ranch Master Plan EIR mitigation measures. In order to further develop the project site in the easterly direction for the construction of the proposed office building and RV storage facility, some additional excavation and grading is necessary to develop the pad in this area. 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 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 these mitigation measures, 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.'&•• In addition, the Robertson Ranch Master Plan EIR identified the possibility of paleontological resources being present within the soils that were identified within the Robertson Ranch Master Plan area. Grading of the project site will require minor cuts and fills. Therefore, a mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during' grading operations (i.e., cuts), with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. d) No Impact. There are no known human remains anticipated to be encountered during excavation and/or construction of the PA 22 project. No impact assessed. 15 Rev. 10/02/09 fGPA 09-01/ZC 09-01/MP 02-03(B>^f 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D n n n n n n n n n a.i.-a.iii.) Less Than Significant Impact. The project site is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. 16 Rev. 10/02/09 rGPA 09-01/ZC 09-01/MP 02-03(B>^f 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 The closest fault, the Rose Canyon fault, is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. The geotechnical evaluation that was prepared for the Robertson Ranch Master Plan EIR by GeoSoils, Inc., dated September 2004, concluded that the subject site appears generally suitable for grading and development from a geotechnical perspective. A further analysis by GeoSoils, Inc., Report of Rough Grading. Planning Area 22 of Robertson Ranch. East Village, dated March 6, 2009, was also prepared subsequent to the import of fill soil onto the PA 22 site per a rough grading plan approval for the East Village Master Final Map. This latest analysis concludes that the fill soil operations have been completed in general accordance with the City grading ordinance and per recommendations by the geologist. Poor quality soil, such as concentrated organic matter and debris, was removed prior to placing fill, loose surficial materials were removed, saturated alluvial soils were left in place and compacted, the site was brought to rough elevation grade and compacted to a minimum 90% relative compaction, all monitored by the geologist. Oversized materials were disposed of off-site. Field density tests were taken at periodic intervals and random locations to check the compactive effort of the fill soil. Laboratory testing and analysis was conducted in order to determine risks associated with corrosion, acidity, alkalinity and other potential issues. Based on anticipated foundation loads and preliminary design information, the geotechnical report concludes that the proposed office building and RV storage lot can be supported on the existing compacted fill soils. 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. a.iv.-b) No Impact. The geotechnical evaluation for the Robertson Ranch Master Plan EIR concluded that no landslides exist on the subject PA 22 site. c) Less. Than Significant Impact. Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake induced ground motion, creates excess pore pressures in relatively cohensionless soils. These soils may thereby acquire a high degree of mobility, which can lead to lateral movement sliding, consolidation and settlement of loose sediments, sand boils, and other damaging deformations. This phenomenon occurs only below the water table, but after liquefaction has developed it can propagate upward into overlying, non-saturated soil, as excess pore water dissipates. According to the geotechnical report that was prepared for the Robertson Ranch Master Plan EIR, liquefaction potential was identified within the alluvial soils of Robertson Ranch project area. Alluvial soils appear to occur within two distinct depositional environments onsite. One is characterized as tributary alluvium (QalA), deposited within smaller canyons and gullies dissecting slope areas; and valley alluvium (QalB), deposited within the larger, broad flood plains located along the eastern and southern sides of the Robertson Ranch project area. The Robertson Ranch Master Plan EIR included a mitigation measure requiring a minimum 10 to 15 foot layer of non-liquefiable soil material (i.e., compacted fill plus alluvium above the groundwater table) be provided beneath any structure to reduce any potential liquefaction potential. The Report of Rough Grading. Planning Area 22 of Robertson Ranch. East Village, dated March 6, 2009, GeoSoils, Inc., indicated that loose surficial materials (i.e., existing topsoils, colluviums, near surface alluvium, and unsuitable formational soils), were removed to expose suitable bearing soils, as defined in the approved report for the site. Therefore, impacts as a result of liquefaction are considered to be low. Based on anticipated foundation loads and preliminary design information, the geotechnical report concludes that the proposed office building and RV storage lot can be supported on the existing compacted fill soils. By following the recommendations contained within the referenced report, the site is suitable for the 17 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(3,, v,F 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. d-e) No Impact. The expansion potential of the soils underlying the subject site is considered to be low. No septic tanks are proposed. The subject project will utilize the public sanitary sewer system. 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D n Less Than Significant No Impact Impact n n n n n n n n n n n n 18 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact 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? a-b) Less Than Significant Impact. The proposed project involves grading operations and construction activity for the future development of an office building, RV storage lot, and associated improvements. 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. c-h) No Impact. The project site is not listed on any county, State or Federal databases as a hazardous waste use or disposal site. The site is in excess of one mile from the nearest (Kelly Elementary) school, and is not located within the Airport Influence Area of the McClellan Palomar Airport Land Use Compatibility Plan, or adjacent to or within the vicinity of any private airstrips. Neither construction, nor the operation of the proposed project, 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. Furthermore, the project site is not adjacent to a wildland interface where residences are intermixed with tracts of natural vegetation. No impact is assessed. 19 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^ F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 VIII. HYDROLOGY AND WATER QUALITY- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D n D Less Than Significant No Impact Impact n D n n n n n n n n 20 Rev. 10/02/09. r GPA 09-01/ZC 09-01/MP 02-03(B>CT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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? 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? Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated n Less Than Significant No Impact Impact n n n n n n n n n n n a) Less Than Significant Impact. Impacts to Hydrology and Water Quality as a result of the Robertson Ranch Master Plan project (including the PA 22 project site) were analyzed in the Robertson Ranch Master Plan EIR. Mitigation measures to reduce impacts to less than significant were identified in a Preliminary Storm Water Management Plan for the Robertson Ranch East Village and the Preliminary Drainage Study (prepared by O'Day Consultants, dated September 2005), which included implementation of the Storm Drainage and a Desiltation/Depollutant Plan as proposed in the Master Plan. A subsequent Preliminary Drainage Study for Robertson Ranch PA 22 (O'Day Consultants, April 14, 2009) and a Preliminary Storm Water Management Plan for Robertson Ranch PA 22, (O'Day Consultants, April 14, 21 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;,^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 2009) have been prepared to address the modified hydrological circumstances based on the post-deposit of fill soil for a development pad on the proposed project site. The subject property is required by law to comply with Federal, State and local water quality regulations including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for the San Diego Basin". The project is required to adhere to all applicable Regional Water Quality Control Board (RWQCB) regulations for control of sedimentation and erosion, and to comply with the National Pollution Elimination Discharge System (NPDES) requirements and Best Management Practices (BMPs) for water quality. The proposed project will include all water quality infrastructure as required by the City. As a result, the project will not violate any water quality standards or waste discharge requirements; and there will be no impact to water quality, site erosion, pollution discharge, or drainage from the site as it may affect adjacent properties and existing storm water infrastructure. The project site presently consists of a rough-graded pad with a temporary sediment basin. This pad area is approximately 3.64 acres in size and runoff flows from east to west into the temporary sediment basin via overland flow. An existing 24-inch storm drain pipe conveys runoff into an existing depollutant swale downstream within Robertson Ranch PA 20. The proposed hydrology conditions for the proposed project have been designed to preserve the existing drainage patterns to the maximum extent practicable. The drainage study concludes that post- development runoff generated on the project site will be collected and conveyed by a proposed private storm drain system to the existing depollutant basin in PA 20. The increase in pad area will result in an increase Q,0o from 14.1 cfs (existing) to 21.1 cfs (developed). It is concluded that the existing downstream 24-inch storm drain and depollutant basin can adequately convey the developed Q^O. As a result, it is determined that the proposed project will not violate water quality standards and a less than significant impact is assessed. 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. No impact is assessed. c-f) Less Than Significant Impact. The alteration of drainage patterns in the area of the project site will not be substantial, and will be consistent with that analyzed in the Robertson Ranch Master Plan EER. Likewise, the grading of the property will not result in substantial erosion on or off-site. The proposed project will not create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or otherwise degrade water quality beyond the assumptions in the Robertson Ranch Master Plan EIR. The post-development runoff generated from the proposed project will be collected and conveyed by a proposed private storm drain system to the existing depollutant basin in PA 20. The increase in pad area will result in an increase Qioo from 14.1 .cfs to 21.1 cfs and thus it is concluded that the existing downstream 24-inch storm drain and depollutant basin can adequately convey the developed Qioo- Therefore, it is concluded that the project will not substantially alter the existing drainage pattern of the site or area in a manner that would result in substantial erosion or siltation on-site or off-site. g-j) No Impact. The proposed project will not 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, or expose people or structures to significant risk of flood based on FIRM Map No. 06073 C 0768F as revised to reflect FEMA Letter of Map Revision 09-09-0276P effective September 8, 2009. However, the Robertson Ranch Master Plan EIR noted a history of flooding in the Rancho Carlsbad Mobile Home Park and required construction of detention basins and modification to the Calavera Creek stream bed to 22 Rev. 10/02/09 r • . cGPA 09-01/ZC 09-01/MP 02-03(B>wF 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 reduce flooding in the Rancho Carlsbad Mobile Home Park. The project will not place any structures within the 100-year flood hazard area, which would impede or redirect flood flows, and it will not 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, or as a result of inundation by seiche, tsunami, or mudflow. k) Less Than Significant Impact. Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project is considered a priority project as defined in Order No. 2007-01 by the San Diego Region of the California Water Quality Control Board. As a result, the project is subject to state requirements for water quality standards. In addition, prior to the start of construction activities, the project will be required to comply with all Federal, State and local permits, including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection Ordinance. The project applicant has'prepared a SWMP for the proposed project. The purpose of this SWMP is to address the water quality impacts from the proposed improvements. The SWMP includes guidelines in developing and implementing post-construction Best Management Practices (BMPs). The project is required to adhere to all applicable Regional Water Quality Control Board (RWQCB) regulations for control of sedimentation and erosion, and to comply with the National Pollution Elimination Discharge System (NPDES) requirements and Best Management Practices (BMPs) for water quality. The anticipated pollutants of concern for the proposed project include heavy metal, organic compounds (petroleum hydrocarbons), trash and debris, oil and grease, sediment, and nutrients and pesticides from landscaping. Site design BMPs, source control BMPs, and treatment control BMPs are recommended, and have been included in the project in order to minimize the potential for significant downstream water quality impacts from these pollutants. Structural treatment control BMPs have been included in the project design, including construction of a vegetated swale, bioretention, storm drain inlet filter inserts, and pervious pavement materials. As a result of the inclusion of these BMPs into the project design, impacts to water quality resulting from erosion and other pollutants are considered less than significant. 1-n) No Impact. The proposed project will not increase pollutant discharges, change receiving water quality during or following construction, and will not increase any pollutant to an already impaired water body. o) Less Than Significant Impact. The proposed project will increase the area of impervious surfaces; however it will not be significantly increased beyond that analyzed in the certified Robertson Ranch Master Plan EIR. The impervious footprint of the proposed project has been minimized through increasing the building density, utilizing pervious construction materials on walkways, driveways, and low traffic areas. A significant area of natural open space has been retained in proposed Lot 4 (PA 23G). p-q) No Impact. The proposed project will not impact any aquatic, wetland or riparian habitat and will not exceed applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. 23 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B,,^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 VIII. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D a) No Impact. Development of the subject project will not physically divide an established community. No impact is assessed. b) Less Than Significant Impact. The proposed project involves a General Plan Amendment which would modify the allowable land uses on the subject site from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office (O) and Open Space (OS). The Office use would allow for development of a commercial office, related parking lot, and accessory uses, as well as an RV storage lot for the benefit of the residents of the Robertson Ranch East and West Villages. The Office (O) Zone enacts the Office land use category. The project is consistent with the requirements and standards of the O Zone. These uses are consistent with the urban uses envisioned in the Robertson Ranch Master Plan. The RV Storage facility is a requirement of that plan and has been designed in accordance with the development standards outlined within. The proposed uses are identified in the City's General Plan as desired urban uses. The Robertson Ranch Master Plan EIR included an analysis of then-proposed residential development compatibility with the adjacent Rancho Carlsbad Mobile Home Park project. The proposed PA 22 office building and RV storage lot maintains the setbacks, grades and general quality and standards that were identified in the EIR to mitigate potential land use compatibility impacts to the Rancho Carlsbad Mobile Home Park project. Furthermore, as discussed throughout this Environmental Assessment, the proposed office building and RV storage lot has been designed or conditioned to include measures (i.e., landscaping, noise control, etc.) to mitigate any potential land use compatibility impacts of development. Therefore, the proposed project does not result in a significant impact to Planning and Land Use policy compliance. c) No Impact. The proposed project does not conflict with any habitat conservation plans or natural community conservation plan policies. No impact is assessed. 24 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B,^T 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated n Less Than Significant No Impact Impact n n 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. The subject site is not delineated on a local or regional plan as containing significant mineral resources. No impact is assessed. 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? Potentially Significant Impact n Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n n n n n n D n n 25 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/x,T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 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, c, & d) Potentially Significant Unless Mitigation Incorporated. An acoustical analysis was prepared for the proposed project by Urban Crossroads (Robertson Ranch PA 22 - Office Building Analysis, October 5, 2009, JN: 06679-06) in order to determine compatibility with the City of Carlsbad's Noise Guidelines Manual. The report identifies vehicle noise from Cannon Road as the primary noise source within the vicinity of the project site. It is estimated that each of the three floors of the proposed office building would experience worse-case unmitigated exterior noise levels as high as 68.3 dBA CNEL. The design of the proposed office building will be required to provide a minimum noise reduction of 13.3 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL. In order to meet the City of Carlsbad interior noise standard of 55 dBA CNEL and to reduce exterior traffic noise impacts to level that is considered to be less than significant, the proposed office building will need to provide the following: • standard dual-glazed windows with a minimum Sound Transmission Class (STC) rating 26 for all first, second and third floor windows; • all window and door assemblies used throughout the project shall be free of cut outs and openings and shall be well fitted and well weather-stripped; • provide a windows closed condition requiring a means of mechanical ventilation for all units to meet the City and/or Uniform Building Code (UBC) requirements stating that in lieu of exterior openings for natural ventilation, a mechanical ventilating system shall be provided (i.e., air conditioning). Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements; and • Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minimum 7/8" exterior surface of cement plaster and a minimum interior surface of 1/2" gypsum board. Masonry block or concrete tip-up assemblies will perform better than the above described wood assembly and would be an acceptable alternative. No additional interior noise mitigation is required to meet the City of Carlsbad 55 dBA CNEL interior noise standards. In addition to the above, the proposed office building is proposing a ground mounted mechanical equipment enclosure on the south side of the building. The nearest noise sensitive areas to the project are the existing single-family residential land uses (Rancho Carlsbad Mobile Home Park) to the south of the project site. According to the report, noise levels were assessed at the residences during nighttime hours (considered the worst-case scenario) in order to determine any potential operational noise impacts from the mechanical equipment. Calculations were completed to assess the nighttime noise level impacts from the proposed project to the residents located in the single-family residences to the south. As the ground mounted mechanical equipment enclosure is designed, with the louvers facing the eastern and/or western property lines and the 26 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;,^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 wall heights extending at least one (1) foot in height above the proposed mechanical equipment that is enclosed within, it is concluded that nighttime noise level projection is expected to be 42.7 dBA Leq at the nearest residential noise sensitive use located approximately 215 feet to the south. It should be noted that the City of Carlsbad Noise Guidelines manual does not include a quantitative threshold for operational noise levels from fixed "point" noise sources. Instead, the City determines if the proposed use is compatible with the existing surrounding land uses based upon the results of an acoustical assessment. According to the acoustical analysis that was prepared for the project, the 42.7 dBA Leq noise level is below both the City's exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses. Because CNEL is used only for determining mobile noise sources over a 24 hour period, the acoustical report identified that the one hour Leq is a more appropriate and restrictive standard. By comparison, the anticipated property line noise level is also below the most restrictive residential property line threshold established by the County of San Diego of 45 dBA Leq during the nighttime hours. Therefore, as designed no impacts are anticipated from the proposed mechanical equipment. Furthermore, it should be noted that this analysis did not take into account the additional noise level reductions from the existing 6 ft. tall masonry wall located at the boundary of the Rancho Carlsbad Mobile Home Park, or the proposed 6 ft. tall masonry wall that is proposed at the top of slope between theses residences and the proposed noise sources. These two (2) walls will further reduce the noise levels below 40 dBA Leq, which is similar to the existing nighttime ambient conditions. Therefore, through the implementation of these mitigation measures, impacts from noise are reduced to a less than significant level. b) No Impact. The uses associated with the proposed project are general office and RV storage. These uses will not expose people to excessive groundbourne vibration or excessive groundbourne noise levels. No impact is assessed. e) No impact. The subject site is located within 2 miles of McClellan-Palomar Airport. However, the project site is located outside of the Airport Influence Area, Flight Activity Zone, and the Runway Protection Zone, which are established by the Airport Land Use Compatibility Plan for McClellan- Palomar Airport. As such, the project will not expose people working in the project area to excessive noise levels. No impact is assessed. f) No Impact. The subject site is not located adjacent to or within the vicinity of a private airstrip for which the project would expose people residing or working in the project area to excessive noise levels. 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)? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact 27 Rev. 10/02/09 GPA 09-01/ZC 09-0IMP 02-03(E)r^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 G Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact m D D D a-c) No Impact. Development of the proposed project will not induce substantial growth in the area, either directly or indirectly. No major infrastructure facilities are proposed for extension to serve this project. The proposed office and RV storage use will not substantially induce growth. The subject site is currently undeveloped and therefore no existing housing or people will be displaced. A portion of the subject site has previously [per the approved Robertson Ranch Master Plan] been identified as a potential site for temporary or permanent RV Storage for the East and West Village of Robertson Ranch. With the addition of the western edge of the "Option Parcel", sufficient area is present to support both uses. The office development does not result in a take of sensitive natural resources and is consistent with the other approved uses within the Robertson Ranch Master Plan. No impact is assessed. Potentially Significant Impact 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 Unless Mitigation Incorporated D D D D D D Less Than Significant No Impact Impact D D D D D 28 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03 (B>^F 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 a.i.-a.v.) No Impact. The Robertson Ranch Master Plan EIR concluded that the overall impacts to public facilities and service systems were not significant provided that all the appropriate agency conditions for development are met including payment of public facilities fees. The addition of the office development does not represent a significant increase in development area and therefore no additional mitigation measures are required. No impact is assessed. XIII. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a-b) No impact. Development of the proposed office and RV Storage facility will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The Robertson Ranch Master Plan does include a city park site. The Robertson Ranch Master Plan EIR analyzed recreation demand for 20 residential units on PA 22. Per the Carlsbad Parks and Recreation Element of the General Plan, residential units generate demand for recreational facilities. Office uses are determined to generate a much smaller recreation facility obligation. Thus, the proposed office development will not contribute a significant increase in park users beyond that which was originally anticipated. 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? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated D Less Than Significant No Impact Impact D D D 29 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(6;,^T 09-0I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses.(e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn-outs, bicycle racks)? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact No Impact D D D D D D a-b) Less Than Significant Impact. A traffic impact analysis, Robertson Ranch PA 22 Traffic Study, by Urban Systems dated December 15, 2009 and later updated on September 2, 2009, has been prepared for the subject project. This analysis, as illustrated in the following tables, concludes that the proposed project (66,000 square foot office building and RV storage lot) will generate 1,320 Average Daily Trips (ADT) and 216 peak hour trips. This traffic will utilize Cannon Road, College Boulevard, Tamarack Avenue and El Camino Real. The Robertson Ranch Master Plan EIR analysis anticipated 160 ADT from 20 residential courtyard units that were originally proposed on PA 22. Also, two other planning areas within Robertson Ranch have since been restricted to a lower number of units than was originally assumed and addressed in the EIR analysis. These planning areas are PA 13 and PA 14. The EIR assumed multi-family residential development on both of these planning areas, and the adopted Master Plan ultimately restricted them to single-family development. A comparison of these assessments are described below: Traffic Generation - Certified EIR Analysis PA 13 14 22 Use Multi-Family Multi-Family Courtyard Homes TOTAL ADT 828 414 160 1,402 AM Peak Hour 66 33 13 112 PM Peak Hour 75 37 16 128 Traffic Generation - Proposed PA 22 Project with Recent Land Use Changes PA 13 14 22 Use Single-Family Single-Family Office TOTAL ADT 230 160 1,320 1,710 AM Peak Hour 18 13 185 216 PM Peak Hour 23 16 172 211 30 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03 (B>oF 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Net New ADT Generated Proposed PA 22 project . Certified EIR TOTAL (net difference) ADT 1,710 1,402 •308 AM Peak Hour 216 112 104 PM Peak Hour 211 128 83 Existing traffic (plus the proposed project) on impacted intersections and street segments are shown on the following tables. Existing plus Proposed Project - Intersections Intersection El Camino Real/Tamarack Ave. El Camino Real/Cannon Road Cannon Road/PA 22 Driveway Existing AM ICU 0.67 0.59 NA LOS B A NA PM ICU 0.55 0.72 NA LOS A C NA Existing plus Project AM ICU^ 0.68 0.60 0.37 LOS B A A PM ICU 0.56 0.74 0.49 LOS B C A Existing plus Proposed Project - Street Segments Street Segment El Camino Real (Tamarack- Cannon) El Camino Real (Cannon So. of) Cannon Road (ECR South of) Cannon Road (ECR West of) Existing plus Project AM VOL 858 1,060 337 . 527 V/C 0.48 0.59 0.19 0.29 LOS A A A A PM VOL 874 1,124 381 613 V/C 0.49 0.62 0.21 0.34 LOS A B A A Year 2030 conditions for the intersections and street segments including the proposed project are as follows: Year 2030 with Proposed Project - Intersections Intersection El Camino Real/Tamarack Ave. El Camino Real/Cannon Road Cannon Road/PA 22 Driveway Cannon Road/College Blvd. Existing AM ICU 49.7 49.8 12.3 34.1 LOS D D B C PM ICU 50.7 48.0 10.1 38.3 LOS D D B D Existing plus Project AM ICU 53.3 47.6 11.5 34.5 LOS D D B C PM ICU 51.4 48.0 10.5 39.0 LOS D D B D 31 Rev. 10/02/09 f GPA 09-01/ZC 09-01/MP 02-03(B>v,r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Year 2030 with Proposed Project - Street Segments Street Segment El Camino Real (Tamarack- Cannon) El Camino Real (Cannon So. of) Cannon Road (ECR South of) Cannon Road (ECR West of) Existing plus Project AM VOL 902 857 685 823 V/C 0.50 0.48 0.38 0.48 LOS A A A A PM VOL 805 812 665 779 V/C 0.45 0.45 0.37 0.43 LOS A A A A Thus, it is concluded that while the increase in traffic from the proposed PA 22 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. Therefore, the proposed project would not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are considered to be less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 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 for McClellan-Palomar Airport. Therefore, it will not result in a change of air traffic patterns or result in substantial safety risks. No impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed and thus will not result in design hazards. No impact is assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact is 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 is assessed. per City standards; 32 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>cT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 g) No Impact. The project site is located adjacent to circulation element roadways which accommodate public transportation. No conflict with adopted policies or standards will result from implementation of the project. No impact is assessed. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D d D D D D D D D D a-g) No Impact. The Robertson Ranch Master Plan EIR concluded that overall impacts to public facilities and service systems were not significant provided that the appropriate agency conditions for development are met, including payment of public facilities fees. No impact is assessed. 33 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D n D D D a) Potentially Significant Impact Unless Mitigation Incorporated. The subject site does not support any protected or sensitive biological resources or habitat types. Calavera Creek, which is located off site and to the south, is the nearest sensitive biological resource. The proposed project is not directly impacting Calavera Creek. Potential indirect impacts are mitigated through the incorporation of a 100- foot wide buffer made part of proposed site plan, and the requirements of a Storm Water Management Plan precludes any offsite migration of sediment. 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. 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 these projections, region-wide 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, ensure that development within the City will not result in a significant cumulatively significant impact. Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(6,,,, F 09-0I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 There are two regional issues that developments within the City of Carlsbad have the potential to have a cumulatively significant impact on. These issues are air quality and regional circulation. As described in the Robertson Ranch Master Plan EIR, the project will result in an increase in cumulative emissions in the air basin. However, the increase attributable to Robertson Ranch or this one specific project will not significantly impact basin wide air quality, which will remain effectively unchanged whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Road, El Camino Real and Palomar Airport Road) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has 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 impact from the project on the regional circulation system is considered less than significant. c) No Impact. The office building component of trie-project and the future development of the site for RV storage will comply with City standards, and by design the project will not result in any direct or indirect significant adverse effects on human beings. 35 Rev. 10/02/09 GPA 09-0i/ZC 09-01/MP 02-03(3,, v,r 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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. 36 Rev. 10/02/09 GPA 09-Ol/ZC 09-01/MP 02-03(B,,~r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan. City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad Planning Department, final approval dated November 2004. 5. Robertson Ranch Master Plan Final Environmental Impact Report (EIR 03-03). BRG Consulting, Inc., San Diego, CA, April 2006 (State Clearing House No. 2004051039). 6. Robertson Ranch Master Plan, BRG Consulting, Inc., San Diego, CA, November 2006. 7. Cultural Resources Survey and Evaluation for the Proposed Robertson Ranch Project. Brian F. Smith and Associates, San Diego, CA, June 2002. 8. Results of a Data Cultural Resources Mitigation and Monitoring Program for Robertson Ranch. Brian F. Smith and Associates, November 26, 2008. 9. Preliminary Biological Assessment Robertson Ranch PA 22. Planning Systems, Carlsbad, CA, August 10,2009. 10. Report of Rough Grading Planning Area 22 of Robertson Ranch. East Village (W.O. 5353-B1- SC], GeoSoils, Inc., March 6, 2009 11. Updated Geotechnical Evaluation of the Robertson Ranch Property, GeoSoils, Inc. Carlsbad, CA September 2004. 12. Robertson Ranch PA 22 - Office Building Noise Analysis (JN:Q6679-06). Urban Crossroads, October 5, 2009. 13. Airport Land Use Compatibility Plan for McClellan Palomar Airport, Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 14. Preliminary Storm Water Management Plan for Robertson Ranch PA 22 (JN: 011014-5). O'Day Consultants, Carlsbad, CA, April 14, 2009. 15. Preliminary Drainage Study for the Robertson Ranch PA 22 (JN: 011014-5). O'Day Consultants, Carlsbad, CA, April 14, 2009. 16. Robertson Ranch PA 22 Traffic Study. Urban Systems, dated December 15, 2008 and updated September 2, 2009. 37 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Archeological mitigation measures shall be implemented as follows: a. Prior to the issuance of a grading permit or a building 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 issuance of a grading permit or building permits, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all grading and excavation activities, including utility trenching, etc. 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 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 38 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B')/wT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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. 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. To reduce exterior traffic noise impacts and to meet the City of Carlsbad interior noise standard of 55 dBA CNEL for the office building, the final building plans shall reflect the following construction requirements prior to issuance of the building permit: a. Provide standard dual-glazed windows with a minimum Sound Transmission Class (STC) rating 26 for all first, second and third floor windows. b. All windows and door assemblies used throughout the office building shall be free of cut-outs and openings and shall be well-fitted and well weather-stripped. c. Provide a windows closed condition requiring a means of mechanical ventilation which shall meet the City and/or Uniform Building Code (UBC) requirements stating that in lieu of exterior openings for natural ventilation, a mechanical ventilating system shall be provided (i.e., air conditioning). Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements. d. Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minim W exterior surface of cement plaster and a minimum interior surface of '/21' gypsum board. Masonry block or concrete tip-up assemblies will perform better than the above described wood assembly and would be an acceptable alternative. 4. Any louvers required for venting the ground mounted mechanical equipment enclosure shall not be located on any portion of the south elevation facing the Rancho Carlsbad residences. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. 5. The wall height of the ground mounted mechanical equipment enclosure shall at a minimum extend at least one (1) foot above the surface height of the mechanical equipment housed within. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. 39 Rev. 10/02/09 GPA 09-Ol/ZC 09-Oi/MP 02-03(B)/CT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANMNG AREA 22 A PPL 1C ANT 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. 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E co V)c c| ro JZCO -*•*D) C C Q)•E= E•2 t;'c ro •i §"^ Q O)c o ^^ >; pr 1 — ^•*^>-Mitigation MeasureProvide exterior walls with a minimum SoundTransmission Class (STC) rating of 46.Typical walls with this rating will have 2x4studs or greater, 16" o.c. with R-13 insulation,a minim %" exterior surface of cement plasterand a minimum interior surface of Y2" gypsumboard. Masonry block or concrete tip-upassemblies will perform better than the abovedescribed wood assembly and would be anacceptable alternative.-n ^5 •— C C ^JS'5 0_ CD *Q (D 2 g ?«>_ ro '-o p0 3 := t'C W 3 (D 0_ .« CD ' CL ouvers required for venting the ground mountedanical equipment enclosure shall not be locatedny portion of the south elevation facing theho Carlsbad residences. The final building plansreflect this requirement prior to the issuance of ang permit for this facility.— -c ro o _ ^ < E o Di w -Q ^ • O)c Q" ilJ5 '3 0_ DO o 0)o s ?*--*j C *— .^^i_ ro T3 P0 3 — t•C W 3 Q) Q. .W CO CL iwall height of the ground mounted mechanicaliment enclosure shall at a minimum extend atone (1) foot above the surface height of theianical equipment housed within. The finalng plans shall reflect this requirement prior to thenee of a building permit for this facility.d.~ -C := ro£'!«§! sh- oj ^ fc .Q .52 in .5 w ,- roliil -2 ° "'•« ^ ? 2-S1 §5 gl S-S S g<D •— p • —1-_ 2 2. 0 -B c &I ^IEI 3 ra c™ Q. m g (U -C §> " iio t; *> C O <O I - TO 2 X: 0. •= " 2(D '= H&Ii > ce City of Carlsbad Planning Department November 25, 2009 Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 SUBJECT: RESPONSE TO PRESERVE CALAVERA COMMENTS ROBERTSON RANCH PA 22 - MITIGATED NEGATIVE DECLARATION Dear Ms. Nygaard, Thank you for your comments dated November 9, 2009 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Robertson Ranch PA 22 project. The project area is generally located in Planning Area 22 of the Robertson Ranch Master Plan and the adjacent property referred to in the Master Plan as the "Option Parcel" at the southeast corner of the intersection of Wind Trail Way and Cannon Road in the City of Carlsbad, California (APN168-0-50-55 & 168-360-03). ' We have subdivided your letter into the four issue areas (i.e., Land Use, Biological Resources, Hydrology & Water, and Traffic), which are identified below in italic text followed by staffs response. Land Use - The proposed land use is not longer required. The RV parking lot is identified as a requirement for the residential development approved in the east and west villages of Robertson Ranch. Shortly after approval of the project Master Plan the City changed their ordinance and eliminated the requirements for R ¥ parking with residential development. This change was made in recognition that such a mandate no longer serves a public purpose - and in fact is damaging to the watershed by creating excessive areas for vehicle parking, is a poor use of valuable coastal land, and there is a reduced demand for such parking. Please clarify - is the city still forcing this land use on the developer based on the now obsolete ordinance - or is this developer just so backward that they think it makes sense to park RV's next to a creek in an area with a history offloading? RESPONSE: The size of the proposed Planning Area 22 Recreational Vehicle (RV) storage lot is the minimum size necessary to accommodate the projected build out of both the East and West Villages of the Robertson Ranch Master Plan as calculated per the newly-adopted RV storage requirements of the Carlsbad Municipal Code (C.M.C.) Chapter 21.45 - Planned Developments. These new requirements for residential developments did not eliminate the requirement for RV storage as mentioned in your letter, but rather eliminated the requirement for rental apartment projects, standard single-family lots, and projects located within the RMH and RH General Plan land use designations. Medium-density projects with 100 or more units, or in a master or specific plan with 100 or more planned development units are still subject 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 2 to the requirement to provide RV storage. Robertson Ranch is a Master Plan with an excess of 100 units, in which nine of the planning areas (i.e., PA 1,3, 6, 10, 13, 14, 16, 17, and 18) are approved for residential uses at medium densities. Therefore, the Robertson Ranch Master Plan continues to be subject to a RV storage requirement. Of the total project dwelling units within Robertson Ranch, a maximum of 320 are located within the East Village (PA 14, 16, 17, and 18), and 232 are located within the West Village (1, 3, 6, 10, and 13), resulting in a maximum requirement of 11,040 square feet of RV storage, excluding drive aisles. The proposed RV storage lot is providing 11,667 square feet, which will be available to both the East and West Villages and will accommodate the Master Plan's requirement to provide RV storage. Biological Resources - Insufficient discussion and adequacy of creek buffer. The Bio Resources report and checklist discussion states that the project has provided the required 100' creek buffer. However the drawings indicate that part of this buffer is within the development footprint fence and on slopes that are proposed for "naturalizing" plantings and not_ actual wetlands buffer plants. Furthermore the description of the buffer states it is from the "creek channel." Buffers are properly measured from the top of creek bank. It is not clear from this description if that is what was used to measure the buffer. Please clarify that the 100' buffer is measured from top of bank. Buffers behind fences and vegetated with plants not appropriate for the area reduces the functional value of the buffer. At least the full buffer minimum width of 100' should be provided without obstructions and with plants that support the intended wetlands and wildlife movement corridor functions. Please provide further discussion of the adequacy of the buffer for all of the intended purposes and assure that the buffer does not include floodw alls, fences or other barriers and that all proposed plant material within the buffer is appropriate for this location. RESPONSE: The majority of the project site presently exists in a partially developed state, having already been rough graded pursuant to the mass grading plans approved for the Robertson Ranch East Village Master Tentative Map (CT 02-16) and analyzed by the Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03). Other portions of the project site exist as previously farmed land; eucalyptus woodland; underground pipelines belonging to C.M.W.D. with easements measuring between 20 and 30 feet in width; a paved access road with access easement measuring 60 feet in width; and an existing six-foot tall masonry security wall running adjacent to the entire southern property line and belonging to Rancho Carlsbad Estates. The initial grading of the site provided a 100-foot buffer from Calavera Creek, except in areas where a buffer of a lesser width was previously approved by the Wildlife Agencies near the main project entrance at Wind Trail Way and Cannon Road. The approved grading plans for the Robertson Ranch East Village Master Tentative Map (CT 02-16) measured the 100-foot wide buffer from the northern edge of the creek channel to the closest point of development (i.e., toe of slope). At the transition of where the newly proposed pad area will extend east beyond the existing pad, this same measurement for the 100-foot buffer is being followed for approximately 25 lineal feet before the creek channel and the toe of the newly proposed slope veer away from each other providing for a buffer that is > 100 feet. RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 3 The Preliminary Biological Assessment that was prepared for the project and referenced in the MND concluded that this portion of Calavera Creek primarily constitutes a drainage channel within an urban environment. According to the Preliminary Biological Assessment, the open water found in the creek bottom of this off-site creek channel does not support any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation. In addition, the banks of the channel are surrounded entirely by existing urban land uses, some of which provide no substantive buffer at all along the south side of the channel, inasmuch as existing residences and their rear yards and porches are situated within five feet of the top of channel slope. Furthermore, exotic species planted and maintained as ornamental landscaping covers the sides of the channel which • are routinely maintained and managed by the Rancho Carlsbad Estates Home Owners Association. Also, as indicated in the MND and mentioned above, an existing 6-foot tall masonry block security wall for Rancho Carlsbad Estates exists along the entire length of the property [and much farther in both directions] through the middle of the buffer which separates the project from the creek channel. In addition to this wall, the area of buffer is entirely encumbered by easements for existing pipelines for C.M.W.D. and a paved access road. These existing circumstances render the subject creek area as a less- than-ideal circumstance for habitat linkage or wildlife movement. Furthermore, the Carlsbad Habitat Management Plan (HMP) does not identify any wildlife corridors through the project area or within the adjacent properties. As a result of these factors, as well as the minimal or lack thereof of any buffers on the south side, the Preliminary Biological Assessment concluded that the channel represents a marginally viable east to west movement corridor for mammals and reptiles. Nonetheless, as indicated above, the existing and proposed grading provides the necessary 100-foot wetland buffer (with exception to the reduced buffer that was previously allowed by the Wildlife Agencies), which does help to further support any possibility of an east-west corridor. The MND and Preliminary Biological'Assessment were reviewed by the United States Fish & Wildlife Service (USFWS) and the California Department of Fish & Game (CDF&G). A response of "no comment" was received from the USFWS on November 19, 2009, and no comments were received from the CDF&G. - Inadequate mitigation for CSS impacts On page 34 it is stated that there is some disturbed Coastal Sage Scrub (CSS) planted on Cannon Road right-of-way but since it is disturbed it is no longer considered sensitive and no mitigation is required. We find it hard to believe that in this area of relatively new road construction that CSS would have been planted if it was not required - and if it was required then: 1. It should have been properly restored and not be classified as "disturbed" and 2. Impacts to required mitigation does not result in reduced mitigation requirements - it increases the mitigation requirement to 5:1. Please provide further documentation for the creation, and condition of this CSS and include full mitigation for impacts to sensitive CSS habitat. RESPONSE: The MND indicates that the Cannon Road slopes contain 0.34 acres of revegetated CSS, which according to the Preliminary Biological Assessment is identified as an immature, not yet established community existing in a disturbed state due to the installation of eucalyptus as a community component. This hybrid community was indeed sprayed/planted on the slope as a drought tolerant erosion control mix, and was not required as an element of any mitigation program. This hybrid CSS community exists on a 2:1 slope below an existing 6-foot tall masonry noise wall that is supporting the existing Cannon Road Reach 3. Cannon Road Reach 3 was graded and landscaped as required for Calavera Hills Phase II, which was required to have a secondary access. Calavera Hills Phase II was the subject of the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 4 4 and Detention Basin EIR (EIR 98-02). The CSS restoration mitigation requirement for the entire project was 2.4 acres of CSS restoration. The amount of CSS restoration is small because the project also purchased the Calavera Nature Preserve, and also dedicated a significant amount of existing CSS on-site in Calavera Hills. Review of the Calavera Hills Phase II CSS Restoration Program shows that the location of the required 2.4 acres of CSS restoration occurred on the Calavera Hills Phase II graded fill slopes and was not required on any portion of the Cannon Road slopes. Restoration occurred in three locations within Calavera Hills, and is not along the slopes adjacent to Cannon Road nor is it adjacent to subject project under consideration. The hybrid CSS/eucalyptus habitat was hydroseeded on the PA 22 slope when Cannon Road and the existing noise wall were constructed for the benefit of Rancho Carlsbad Estates in 2003-04. The CSS seeds were included in the hydroseed mix as a drought-tolerant erosion control mix, and were not a mitigation requirement. Impacts to this vegetation are determined not to be a significant biological impact, and payment of a mitigation in-lieu fee for unoccupied CSS is typically required as a condition of approval. The following condition is included as part the Planning Commission Resolution associated with the recommended approval of the Tentative Tract Map (CT 09-01): This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and aninial species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10,2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Please note that in addition to the condition listed above, an addendum to the MND will be included, adding the requirement to pay habitat in-lieu fees. The Mitigation Monitoring & Reporting Program will be revised to include the following measure: Prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first, the applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10,2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 5 - There is no specified mitigation measure for habitat impacts in the MMRP although they are called out in the Bio report and checklist. Page 34 lists habitat impacts and indicates that in-lieufees will be paid for .06 acres CSS, .36 acres NNG and .33 acres disturbed lands. However mitigation for these impacts to habitat is not included as a mitigation measured in the MMRP. Please include all habitat impact mitigation in the MMRP, consistent with the HMP. RESPONSE: Please see above. - There is no mitigation for indirect impacts along the creek/wildlife movement corridor The HMP specifically identifies a number of indirect impacts from adjacent development- include lights, noise and trash control among others. There also are no hours specified for access to the RV's stored on the project site. In the absence of any restrictions this could occur 24 hours per day seven days a week. Infrequently used RV's often have maintenance issues requiring repeat engine starting and revving and testing of mechanical systems. Such activity at night could cause disturbance of the adjacent creek corridor and nearby residents. In this area next to the creek, which is called out as a local wildlife movement corridor in the MND, there should be specific inclusion of these mitigation measures. Please add the requirements to meet all of the relevant edge effect conditions of the HMP, including hours and noise restrictions and included this as a mitigation for indirect impacts in the MMRP. RESPONSE: Regarding wildlife movement corridors, the' Preliminary Biological Assessment identified Calavera Creek" as ". . .a stream drainage within an urban environment." To further clarify, it indicated that the ". .. creek is not identified as a habitat corridor in the HMP but represents a marginally viable east to west movement corridor for mammals and reptiles." As discussed above, the creek channel exists wholly within Rancho Carlsbad Estates, and is separated entirely from the proposed project by a 100-foot buffer, plus an existing 6-foot tall masonry block security wall running along the entire length of the property through the middle of the buffer, further separating the project from the creek channel. Despite the highly impaired (i.e., C.M.W.D. pipelines and paved roadway both with significant easements, along with the existing 6 foot tall masonry wall) nature of the proposed buffer area and the "marginally viable east to west corridor" as described by the Preliminary Biological Assessment, the project nonetheless, as indicated in the MND, provides for or incorporates into the project design the standard HMP requirements as they pertain to fencing, lighting, and the use of noninvasive plant species to minimize any potential edge effects. The proposed landscape plan does not utilize any invasive plant species; fencing is proposed at the top of slope to restrict trespass, noise, trash, and debris; and a lighting plan is required as a condition of approval specifically requiring that all lighting be designed to reflect downward and avoid any impacts on adjacent homes or properties. Regarding the proposed RV storage area use and its proximity to Calavera Creek. It is anticipated that the RV storage area will be used far less frequently than a typical residential unit might (i.e., the existing Rancho Carlsbad Estates directly adjacent to the creek, and/or the residential land use that was originally considered as part of the Robertson Ranch Master Plan EIR for this site). Residential uses are allowed to be active any hours of the day or night and could generally include barking dogs and cats, and even children who might view the creek as an ideal area for exploration. All of these would appear to pose more of an impact on the creek. Please note that the proposed RV storage area is setback approximately 270 feet from the creek channel. The RV storage area is surrounded entirely by an 8-foot tall barrier consisting of a 2-foot tall earthern RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 6 berm with a 6-foot tall solid masonry wall. Beyond this is another 6-foot tall solid masonry wall, which is proposed at the top of slope between the parking lot for the office building and the creek channel, all of which will be significantly buffered by a dense canopy of trees proposed on the slope just outside this wall. Beyond this and approximately 90 feet away is an existing 6-foot tall solid masonry security wall, which further separates the proposed project from the creek channel and Rancho Carlsbad Estates. It should be noted that the following condition will be included as part the Planning Commission Resolution associated with the recommended approval of the Site Development Plan (SDP 09-01) to restrict the following activities: The RV storage area is subject to the following requirements: a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored within the recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sales yard or storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted within the storage area. d. The utilization of a stored vehicle as a living unit shall not be permitted. Notwithstanding the above, we believe that adequate provisions have been incorporated in to the project design to minimize any potential edge effects in accordance with the HMP. Please note that the MND and Preliminary Biological Assessment were reviewed by the United States Fish & Wildlife Service (USFWS) and the California Department of Fish & Game (CDF&G). A response of "no comment" was received from the USFWS on November 19, 2009, and no comments were received from the CDF&G. - Landscape plan While the landscape plan requires further review and properly restricts the use of invasive plants, it still includes excessive water use and much less native planting than is warranted for this area next to a creek. The "refined" and "lush" landscaping areas constitute almost 63% of the total landscape areas - all with 10-30 inches of water a year required—for an RV parking lot. This area is behind a screening wall so it is not visible by the nearby residences or the public roadway. If any site justifies reduced landscaping and reduced water use this would certainly be it. Please re-look at the landscaping plan to reduce the amount of water use -^particularly increasing the amount of native plants. RESPONSE: The proposed conceptual landscape plans meet City of Carlsbad Landscape Manual requirements and proposes the use of reclaimed water for all landscaped areas. The plans provide (on- site) for an approximate 50-foot wide native planting area (Zone 4) along the creek and an additional approximate 20-foot wide transitional planting area (Zone 3) between the native area and parking lot wall. The transitional area includes large native screen shrubs as well as native trees, which along with the wall should provide appropriate screening and separation between the creek area and the project. It cannot be argued that further reduction in water use by specifying more drought tolerant plantings around the parking areas and building would not be a benefit; however the applicant is allowed to make RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page? appropriate design decisions that provide a balanced project design as long as the City's landscape requirements are met. While the applicant is already utilizing reclaimed water for purposes of water conservation, we would still encourage the applicant's landscape architect to review the plans as part of the final landscape and irrigation plan submittal to determine if further revisions could be made to conserve water. This could be achieved by reducing the area of Zone 1 and 2 plantings and increasing the area of Zone 3 planting. Hydrology and Water quality - FEMA flood mapping The MND text and figures are not consistent regarding the area of this project -within the 100 year floodplain. This is of particular concern considering the long history offloading in this area and the past failures of storm water management plans/structures to adequately address flooding (as evidenced by the emergency dredging project from 2005 still not fully mitigated). Furthermore the city has yet to initiate the regular maintenance of the storm water system in this area and there is a current buildup of silt deposit that will further exacerbate flooding conditions. Please confirm that 100% of this proposed project is outside of the 100 year floodplain and that adequate consideration has been given to past flooding history and current conditions. RESPONSE: As stated in the MND, the Robertson Ranch Master Plan EIR noted a history of flooding in Rancho Carlsbad Estates and required construction of detention basins and modifications to the Calavera Creek stream bed to reduce flooding within this community. As a result of upstream improvements to the basin BJ outlet (limit plates installed), the construction of the 84-inch reinforced concrete pipe per the Robertson Ranch East Village Master Tentative Map (CT 02-16), and the Lake Calavera valve improvements, these resulted in flood plain modifications to the FEMA FIRM Maps. A Letter of Map Revision (LOMR) was filed resulting in updates to FEMA Map no. 06073 C 0768F (see FEMA Letter of Map Revision 09-09-0276P, effective September 8, 2009). Based on the LOMR, the developable portion of this property is located outside the 100-year regulatory floodplain, with exception to two subsurface private sewer laterals. The southerly toe of the 2:1 slope for the existing pad, constructed as a part of the mass grading for Robertson Ranch, is coincident with the north limit of the flood plain. - Excess impervious cover Other than landscaping, only two small areas of the proposed parking are proposed for permeable cover. We recognize that there are issues with leaking RV's stored for long periods of time but there are alternative pavements designs that allow for water percolation but still trap and treat pollutants. Permeable and semi permeable pavement can be used for fire trucks that weigh a lot more than most RV's. Please re-look at project site plan for more LID design including potential use of permeable and semi- permeable surfaces. RESPONSE: The Report of Rough Grading, Planning Area 22 of Robertson Ranch, East Village Carlsbad, San Diego County, California dated March 6, 2009 prepared by Geosoils, Inc. and referenced in the MND recommends that due to relatively low R-values of the soil samples obtained from the finished RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 PageS subgrade, water should not be allowed to penetrate street subgrades. The tentative map, in addition to the pervious pavement areas shown, includes an underground perforated storm drain system, which achieves the same purpose and intent as permeable and semi-permeable surfaces. The use and extent of permeable and semi-permeable surfaces as well as other lid features will be reviewed as part of the final design process. The City's Engineering Department has reviewed the project, along with the preliminary Storm Water Management Plan (SWMP). The preliminary SWMP does demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. Traffic - Incorrect comparison of traffic changes. The traffic study concludes no adverse traffic impacts from this project by ingeniously including two other project changes that reduced traffic to offset this change that increases it. This project site had 160 ADT in the approved EIR and now. identifies 1,320 ADT from the office building alone. The traffic analysis should both re-evaluate all changes to traffic from the original approved Master Plan to what is now proposed for the entire Master Plan area and look at the specific changes for just this specific project area. The traffic study has correctly done neither of these. It has cherry picked some changes but not properly related this to either the total area or this specific site. RESPONSE: The traffic study .only-assumed land use changes that have been approved and [in the PA 22 case] proposed. Thus," it correctly evaluated changes in traffic from approved or known revisions only within the Robertson Ranch Master Plan. Thus this traffic report utilizes the most up-to-date, correct land use assumptions. The fact that two of the nearby planning areas have been approved at reduced development intensity since the original Master Plan allows those reduced ADT to contribute an off-set to the proposed PA 22 increase. The cumulative Year 2030 traffic comparison uses the traffic generation from the entire master plan and quantified the changes in traffic using these known revised planning area projects. - Failure to include any traffic for RV parking portion of the project. Although the majority of the project site is being used for RV parking, there is not one daily ADT identified as being associated with the RV parking. The traffic analysis for this project only shows the office building trips at 1320 per day. Does the SANDAG trip generation model include standards for RV Parking lots? If not, some other method needs to be used to account for the trips associated with this land use. RESPONSE: SANDAG does not catalog a trip generation rate specifically for RV storage facilities. The certified Robertson Ranch EIR traffic study applied a trip rate which is used for household storage facilities, which typically would generate more vehicle trips, to the 2.3 acres of RV storage listed in the Master Plan. Applying that rate to the 0.8 acre RV storage facility planned for PA 22 would yield the following vehicle trips as showing in the table below: Size 0.8 Acres Trip Rate 30/Acre AM Peak Hour IN 0.03* 1 OUT 0.03* 1 PM Peak Hour IN 0.045* 1 OUT 0.045* 1 *Peak Hour % x (In & Out) Ratio RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 9 As indicated, conservatively, the PA 22 RV storage lot would generate no more than a 24 average vehicle volume with one inbound and one outbound vehicle trip occurring during both the AM and PM peak hours. The effects of these few vehicle trips would be less than significant. It should be noted that the proposed RV storage area is a private storage facility, used solely for the benefit of the Robertson Ranch community residents, and at no time is intended to be used as a public facility. - Cumulative traffic impacts. A new high school was recently approved at College/Cannon very near this project site. Please clarify how the increased trips associated with this new high school have been assessed as part of cumulative impacts to these roadway segments and intersections and confirm that with these trips, and with added trips for the RV parking that there are no additional cumulative .traffic failures caused by the proposed project. RESPONSE: Cumulative impacts were determined by using the results of the Year 2030 SANDAG/Carlsbad Combined North County Transportation forecast, as included in the Robertson Ranch EER traffic study. The forecast of future traffic included the assumed build out of the city of Carlsbad and included the future high school northeast of the Cannon Road/College Boulevard intersection. The PA 22 traffic study revised the cumulative volumes, which included high school traffic. Therefore the effects of high school traffic have indeed been evaluated. We thank you for providing comments on the Robertson Ranch PA 22 project and hope that we have addressed your concern. If you have any further questions, please do not hesitate to contact me at (760) 602-4643, or via email atjason.goff@carlsbadca.gov. Sincerely, JASON GOFF Associate Planner C: Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Adam Pevney, Brookfield Homes, 12865 Pointe del Mar, Suite 200, Del Mar, CA 92014-3859 Don Neu, Planning Director Chris DeCerbo, Principal Planner Glen Van Peski, Senior Civil Engineer Steve Bobbett, Associate Engineer Doug Bilse, Traffic Engineer File copy EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR ROBERTSON RANCH PA 22 GPA 09-01/ZC 09-01/MP 02-03 (BVCT 09-01/SDP 09-01/PUD 09-01 The purpose of this Addendum to the Mitigated Negative Declaration is to describe revisions to the Mitigation Monitoring and Reporting Program associated with the Robertson Ranch PA 22 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. The revision contained in this addendum adds Mitigation Measure No. 6 to the Mitigation Monitoring and Reporting Program. The following mitigation measure shall apply: Prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first, the applicant shall pay habitat in- lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10, 2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). 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, and a subsequent Mitigated Negative Declaration is not required. Date: Don Neu Planning Director