HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68251 PLANNING COMMISSION RESOLUTION NO. 6825
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF THE REFINED NO AFFORDABLE
4 HOUSING SITE ALTERNATIVE FOR THE FINAL
, ENVIRONMENTAL IMPACT REPORT FOR DOS COLINAS,
EIR 09-01, AND RECOMMENDING ADOPTION OF THE
6 CANDIDATE FINDINGS OF FACT AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
7 DEVELOPMENT OF A 305-UNIT CONTINUING CARE
RETIREMENT COMMUNITY AND THE RELOCATION OF
8 RANCHO CARLSBAD'S RECREATIONAL VEHICLE
9 STORAGE AND GARDEN AREA (FROM APN 168-050-36 TO
APN 209-060-70) ON A 46-ACRE PROPERTY GENERALLY
10 LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF
CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST
11 OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD
REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE
12 15.
13 CASE NAME: DOS COLINAS
CASE NO.: EIR 09-01
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WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
,, application with the City of Carlsbad regarding property described as
17 That portion of Lot "B" of Rancho Agua Hedionda in the
County of San Diego, State of California, According to Map
18 thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
20 ("the Property"); and
21 WHEREAS, a Project Environmental Impact Report (EIR 09-01) was
22 prepared in conjunction with said project; and
23 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony26
27 and arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation
28 Monitoring and Reporting Program, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
2 relating to the Project EIR.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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c Commission as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 09-01, dated October 19, 2011,
appendices, written comments and responses to comments, as amended to
include the comments and documents of those testifying at the public hearing and
responses thereto is hereby found to be in good faith and reason by incorporating
10 a copy of the minutes of said public hearing into the report, all on file in the
Planning Division incorporated by this reference, and collectively referred to
as the "Report."
12 C) That the Environmental Impact Report, EIR 09-01, as so amended and evaluated
13 is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
14 adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
*s D) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Refined No
17 Affordable Housing Site Alternative described in the Environmental Impact
Report for Dos Colinas, EIR 09-01 and RECOMMENDS ADOPTION of the
18 Candidate Findings of Fact ("CEQA Findings") attached hereto marked as
"Exhibit A" and incorporated by this reference and of the Mitigation
Monitoring and Reporting Program ("Program"), attached hereto marked
20 as "Exhibit B" and incorporated by this reference; based on the following
findings and subject to the following condition.
21
Findings;
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~~ . The Planning Commission of the City of Carlsbad does hereby find that the Final
Project EIR 09-01, the Candidate Findings of Fact, and the Mitigation Monitoring and
24 Reporting Program, have been prepared in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental
25 Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
considered Final Project EIR 09-01, the environmental impacts therein identified for
this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") attached
28 hereto as "Exhibit A," and the Mitigation Monitoring and Reporting Program
("Program") attached hereto as "Exhibit B," prior to RECOMMENDING APPROVAL
of this project.
PC RESO NO. 6825 -2-
3. The Planning Commission finds that Final EIR 09-01 reflects the independent
2 judgment of the City of Carlsbad Planning Commission.
3 4. The Planning Commission does accept as its own, incorporate as if set forth in full
herein, and make each and every one of the findings contained in the CEQA Findings
("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources
, Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives.
5 5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to
ensure that during project implementation, the Developer and any other responsible
7 parties implement the project components and comply with the feasible mitigation
measures identified in the CEQA Findings and the Program.8
o 6. The Record of Proceedings for this project consists of The Report, CEQA Findings,
and Program; all reports, applications, memoranda, maps, letters and other
10 planning documents prepared by the planning consultant, the environmental
consultant, and the City of Carlsbad that are before the decision makers as
determined by the City Clerk; all documents submitted by members of the public
and public agencies in connection with the Project EIR; minutes of all public
meetings and public hearings; and matters of common knowledge to the City of
13 Carlsbad which they may consider, including but not limited to, the Carlsbad
General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan
14 which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk,
and 1635 Faraday Avenue in the custody of the Director of Planning.
, ,• Condition:lo
17 1. The Developer/Owner shall implement the mitigation measures described in
"Exhibit B," the Mitigation Monitoring and Reporting Program, for the mitigation
18 measures and monitoring programs applicable to development of Dos Colinas.
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PC RESO NO. 6825 -3-
1 ' PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
2 !Commission of the City of Carlsbad, California, held on October 19, 2011, by the following
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vote, to wit:
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- AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
6
NOES:
7
ABSENT:8
9 ABSTAIN:
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12 STEPHE^jaBr" L'HEUREUX, Chairperson
j 3 CARLSBAD PLANNING COMMISSION
14 „ATTEST:
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DON NEU
18 Planning Director
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PC RESO NO. 6825 -4-
CEQA Findings Exhibit "A"
October 19, 2011
California Environmental Quality Act
Findings
(Public Resource Code § 21081, CEQA Guidelines § 15091)
for the
Final Environmental Impact Report on
Dos Colinas
EIR 09-01; GPA 09-02; ZC 09-02; MS 09-04; CUP 09-02; SDP 09-02;
RMHP 96-01(0); LFMP 15(E); SUP 09-02; HDP 09-02; HMP 09-02
(SCH No. 2009111085)
1.0 Introduction
A Draft EIR was prepared for the Dos Colinas project, which included analysis of the proposed
project and alternatives to the project that would meet the most basic project objectives. The
Draft EIR was available for public review and comment for a period of 45 days (September 27, 2010
through November 10, 2010).
Comments were received by the City from agencies, organizations, and individuals regarding the
potential impacts to Agua Hedionda Creek associated with the affordable housing site and
development in the southern portion of the CCRC site. To respond to such concerns and
environmental impacts, the No Affordable Housing Site Alternative was refined by the project
applicant and design documents were submitted to the City for review and comment. This Refined
No Affordable Housing Site Alternative included the deletion of the offsite affordable housing
component ON APN 209-060-68, and the omission of the southern parcel (APN 209-060-71),
relocation of a small detention basin and four cottage units in the southern portion of the CCRC.
These changes were incorporated to further reduce potential impacts to Agua Hedionda Creek.
Analysis within Section 6.4 of the Final EIR was expanded to clarify and provide further detail of the
potential impacts of the Refined No Affordable Housing Site Alternative to the proposed project.
This refined alternative is an environmentally superior alternative under CEQA. The following
Findings of Fact pursuant to Public Resource Code § 21081; CEQA Guidelines § 15091, have been
drafted for the Refined No Affordable Housing Site Alternative. The applicant and City planning
staff support the review and adoption of the Refined No Affordable Housing Site Alternative.
1.1 Proposed Project
The proposed project consists of 55.7 gross acres of land located in the northeast quadrant of the
City of Carlsbad (City), San Diego County. Generally, the project site is located approximately 3
miles east of Interstate 5 and 2.5 miles south of State Route 78. More specifically, the site is located
Dos Colinas Final EIR .1
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
north of the intersection of Sunny Creek Road and College Boulevard, north of El Camino Real, and
south of Cannon Road. The future alignment of College Boulevard Reach "A" will define the
eastern boundary of the Continuing Care Retirement Community site, as well as the western
boundary of the affordable housing site.
The Dos Colinas project consists of three primary components: 1) the development of a 309-unit
Continuing Care Retirement Community (CCRC); 2) the relocation and reconstruction of a
recreational vehicle (RV) storage and garden area for the residents of Rancho Carlsbad Estates;
and, 3) the development of a 29-unit income restricted multi-family development (i.e.,
apartments).
Continuing Care Retirement Community
The CCRC project is comprised of a total of 309 commercial living units. The housing types include
detached cottages, and attached independent living and assisted living units. Each of the CCRC
unit-types will be available for lease only. The facility is classified as a Professional Care Facility, as
defined pursuant to Carlsbad Municipal Code Section 21.04.295, which will include dietary and
medical services, and support services such as meals, housekeeping, laundry, transportation,
social/personal care services, and recreational activities. Parking for the independent living
buildings will be provided by a subterranean parking garage (52 spaces) located within Building #3
as well as a surface parking lot (280 spaces) which is intended to be shared with the assisted living
unit building. The easterly boundary of the CCRC site will be defined by the future extension of
College Boulevard Reach "A." (EIR No. 98-02, SCH No. 99111082).
RV Storage/Garden Site
The proposed project also involves the relocation and reconstruction of an existing off-site
recreational vehicle storage and garden lot for the Rancho Carlsbad Estates community, to
northwestern boundary of the project site, western of the CCRC site and adjacent to the Rancho
Carlsbad Estates Community. These facilities will be relocated from their current location off-site on
APN 168-050-36 to the project site. The relocation of the existing RV storage and garden areas is
required as a mitigation measure for the previously-certified Calavera Hills Master Plan Phase II,
Bridge and Thoroughfare District No. 4 & Detention Basins Environmental Impact Report (EIR No. 98-
02, SCH No. 99111082).
Affordable Housing Site
The affordable housing site is proposed to be developed on a 3.2-gross acre vacant parcel
located approximately 400 feet southeast of the CCRC and RV storage and garden parcels (APN
209-060-68). The subject parcel is proposed to be subdivided into two lots which will
accommodate the affordable housing development, as well as open space to preserve the area
encompassing Agua Hedionda Creek and the supporting riparian canopy. A total of 29 low-
income multi-family affordable units are proposed.
1.2 Refined No Affordable Housing Site Alternative
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
As noted above, as a result of comments received during the Draft EIR public review period, the
project applicant has proposed a Refined No Affordable Housing Site Alternative that would omit
the affordable housing site (APN 209-060-68) that was a component of the proposed project. The
Refined No Affordable Housing Site Alternative would further reduce impacts associated with the
development of the proposed CCRC by reducing the number of cottages by four living units, to a
total of 58 units and eliminating the grading and development under the proposed project on the
equestrian parcel (APN 209-060-71). This refined alternative is the recommended project design
supported by both City Staff and applicant for consideration by the City Council for adoption and
implementation. Under the refined alternative, no amendments to the Sunny Creek Specific Plan
are proposed.
The Refined No Affordable Housing Site Alternative would consist of 46.0 gross acres within one
parcel (APN 209-060-70). The parcel is proposed for subdivision into three separate legal lots for the
community care facility, the RV storage, and open space. The Refined No Affordable Housing Site
Alternative development plan consists of a total of 305 commercial living units, consisting of
cottages, and Independent Living (IL) and Assisted Living (AL) units.
Under this alternative, the affordable housing site (APN 209-060-68) would not be developed with
29 affordable housing units as a component of the proposed project and the site would remain in
its existing condition as primarily vacant land, and not be subject to any environmental review or
permitting. However, the inclusionary housing would still apply to the proposed project. Therefore,
as an alternative to the current inclusionary housing proposal, the applicant has proposed to
designate 20 of the independent living units on-site as income-restricted or 24 units offsite at a
location to be determined (pursuant to the City's Housing Policy Team, March, 17, 2011) prior to
recordation of the final map.
1.3 Project Objectives
The following statements represent objectives of the project. These objectives also provide a basis
for identification of alternatives evaluated in the EIR.
• Construct and operate a community that will be licensed by the California State
Department of Social Services as a Continuing Care Retirement Community (CCRC) which
meets all applicable state and local licensing requirements and complies with all
applicable regulations;
• Operate the facility in compliance with the Fair Housing Act definition of "housing for older
persons" in that at least one person who is 55 or older will occupy at least 80 percent of the
occupied units;
• Construct and operate a multi-unit professional care facility/senior community catering to
older adults desiring access to various onsite services;
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19,2011
• Construct and. operate a facility that provides a "supportive living" approach to provide
services in a home environment, blending in the latest knowledge and expertise from the
various long-term and personal care disciplines;
• Provide residents with an environment that allows them as much independence as
possible, yet is safe, resulting in maximizing their quality of life and dignity;
• Construct and operate a project that provides a residential setting that provides and
coordinates housing, basic and personal care services, 24-hour supervision and assistance
(scheduled and unscheduled), activities, and health-related services;
» Provide the highest quality service-enhanced community for seniors in the market;
• Design a senior community which encourages social interaction by providing a variety of
common indoor and outdoor recreation areas/activities;
• Provide a facility that allows for protective oversight of residents including monitoring of the
general condition and whereabouts of a resident with regular visits by personal aides,
regular health check-ups and a 24-hour emergency call system;
• Provide for compatible and complimentary adjacent land uses and facilities;
• Implement a project that is sensitive to the environment and aesthetically pleasing;
• Strengthen the City's tax base and economic viability through property taxes;
• Provide increased employment opportunities for local residents;
• Construct a multi-family affordable housing development to comply with the City's
Affordable housing requirements;
• Provide multi-family units that will add to the diversity of housing opportunities within the
City;
• Construct College Boulevard Reach "A" to complete this General Plan Circulation Element
Roadway;
• Provide a topographically level area which is conducive for senior citizens;
• Locate a senior community in an area which is within a reasonable walking distance of a
bus or transit stop;
• Relocate the existing Rancho Carlsbad Estates RV storage and garden areas in order to
satisfy the mitigation measure requirement for the previously certified College Boulevard
Reach "A" EIR (EIR 98-02, SCH No. 99111082);
• Provide additional emergency access to and from Rancho Carlsbad Estates through the
proposed project site; and
• Development and retention of open space and wildlife habitat through the preservation
and enhancement of sensitive flora and fauna.
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19,2011
1.4 Purpose of CEQA Findings
CEQA Findings play an important role in the consideration of projects for which an EIR is prepared.
Under Public Resources Code §21081 and CEQA Guidelines §15091, where a final EIR identifies one
or more significant environmental effects, a project may not be approved until the public agency
makes written findings supported by substantial evidence in the administrative record regarding
each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines
§15091 (a) are:
(1) Changes or alterations have been required in, or incorporated into, the project, which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was
prepared unless either:
1. The project approved will not have a significant effect on the environment, or
2. The agency has:
a. Eliminated or substantially lessened all significant effects where feasible as shown in
the findings under Section 15091; and,
b. Determined that any remaining significant effects on the environment found to be
unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
2.0 Findings of Significant Impacts, Required
Mitigation Measures and Supporting Facts
The City, having reviewed and considered the information contained in the EIR, finds pursuant to
Public Resources Code §21081 (a)(1) and Guidelines §15091 (a)(l) that changes or alterations have
been required in, or incorporated into, the Project which would mitigate, avoid, or substantially
lessen to below a level of significance the following potential significant environmental effects
identified in the EIR.
2.1 Air Quality
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October! 9, 2011
A. Significant Impact. The Refined No Affordable Housing Site Alternative would result in
exceedances in oxides of nitrogen (NOx) of the San Diego Air Pollution Control District
(SDAPCD) threshold during the Rough Grading/Hauling construction phase (short-term
impact).
B. Facts in Support of Finding (1). The Project's potentially significant air quality impact would be
mitigated to below a level of significance with implementation of Mitigation Measures AQ-1
and AQ-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure AQ-1
Construction equipment shall be equipped with an engine designation of EPA Tier 2 or better Tier
(Tier 2+). A list of the construction equipment and the associated EPA Tier shall be submitted to the
City Planning Department prior to issuance of a grading permit.
Mitigation Measure AQ-2
All scraper equipment shall meet the "Blue Sky Series" equivalent standard. The "Blue Sky Series"
designation (40 CFR Part 89) is a voluntary program enacted by the USEPA requiring participating
engine manufactures to produce cleaner burning engines that are at least 40% better than the
current Tier 2 or 3 mandates. This measure would require the use of scraper equipment that meets
this standard (or equivalent). These standards are specified below:
• The maximum CO emissions from Tier 2 equipment is 0.0082 pounds per horsepower-hour
(Ib/HP-hr) for equipment with power ratings between 50 and 175 HP, and 0.0057 Ib/HP-hr for
equipment with power ratings over 175 HP. Tier 3 ratings only apply between 50 to 750 HP and
are identical to Tier 2 requirements. Tier 4 requirements (to be phased-in between 2008 and
2015) set a sliding scale on CO limits ranging from 0.0132 Ib/HP-hr for small engines, to 0.0057
Ib/HP-hr for engines up to 750 HP.
• The maximum NOx and PM10 emissions from Tier 2 equipment are 0.0152 and 0.0003 Ib/HP-hr
regardless of the engine size. Tier 3 emissions were either not adopted or must meet the Tier 2
requirement. Tier 4 standards further reduce this level to 0.0006 Ib/HP-hr for NO, and 0.00003
Ib/HP-hr for PM for engines over 75 HP.
A list of the scraper equipment and the associated EPA Tier (Blue Sky Series or equivalent) shall be
submitted to the City Planning Department prior to issuance of a grading permit.
2.2 Greenhouse Gas Emissions
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative
would contribute approximately 1,524 metric tons CDE/year which would exceed the 900-ton
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
quantitative threshold suggested by the California Air Pollution Control Officers Association
(CAPCOA). The project is required to be consistent with the requirements of AB.32.
B. Facts in Support of Finding (1). The Project's potentially significant impact would be mitigated
to below a level of significance with implementation of Mitigation Measures GHG-1 and GHG-
2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure GHG-1
Prior to the issuance of a grading permit for any phase of project development, the proposed
project shall demonstrate that the following greenhouse gas offset measures have been
implemented, or will be implemented during construction activities.
The Diesel Equipment (Compression Ignition) offset Strategies (40% to 60% Reduction):
1. Electricity from power poles shall be used rather than temporary diesel power generators.
2. Construction equipment operating onsite shall be equipped with two to four degree
engine timing retard or precombustion chamber engines.
3. Scraper equipment shall meet the "Blue Sky Series" equivalent standard (reference
Mitigation Measure AQ-2 in Section 5.3-Air Quality.)
4. Other construction equipment used for the project shall utilize EPA Tier 2 or.better engine
technology.
Vehicular Trip (Spark Ignition) Offset Strategies (30% to 70% Reduction):
1. Transportation Demand Management (TDM) Measures: Commute alternatives shall be
encouraged by informing construction employees and customers about transportation
options for reaching your location (i.e. post transit schedules/routes).
2. Construction vehicles shall be kept well maintained to prevent leaks and minimize
emissions.
Mitigation Measure GHG-2
Prior to the issuance of a building permit for any habitable structure, the Applicant shall
demonstrate compliance with the following measures. These measures shall be shown on the
building plans for each component of the project (i.e., IL and AL buildings, and cottages), to
ensure that the features will be incorporated into the project. Verification of compliance can be
accomplished as part of City inspection of buildings prior to issuance of certificate of occupancy.
Onsite Energy Offset Strategies (50% to 70% Reduction):
1. All new structures shall meet California Code of Regulations Title 24 part 6: California's Energy
Efficiency Standards.
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
2. All new structures shall use compact fluorescent lights.
4. Dimmable ballasts to dim lights to take advantage of daylight shall be installed.
5. A programmable thermostat shall be installed in all habitable units to control heating and air
conditioning.
6. All major hot water pipes shall be insulated.
7. Refrigeration cold suction lines shall be insulated.
8. Weather stripping shall be used to close air gaps around doors and windows.
9. Electrical equipment, including all appliances shall be Energy Star compliant.
10. Ceiling fans shall be installed in the cottages.
11. Transportation Demand Management (TDM) Measures:
• Vanpool/Shuttle service for senior residents;
• Van use/Shuttle service to public transportation for employees; and
• Carpool promotion and parking spaces available for employees.
2.3 Noise
2.3.1 Construction Noise
A. Significant Impact. Implementation of the proposed project would result in a significant noise
impact (exceedance of 75-dBA Leq-8h threshold) related to construction activities affecting
adjacent noise-sensitive uses. The closest existing residences to the construction area for the
RV storage lot are the Rancho Carlsbad Estates, located approximately 25 or more feet from
the western property boundary of the RV storage lot. Based on the construction equipment
and distance to the closest residences, the construction noise is anticipated to generate
intermittent maximum noise levels of up to approximately 90 dBA at the adjacent residences.
B. Facts in Support of Finding (1). The Project's potentially significant impact related to
construction noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-l, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-1
Prior to Grading Permit issuance for Phase I and Phase II, the Applicant shall ensure that:
• All construction equipment, fixed or mobile, shall be equipped with properly operating and
maintained mufflers.
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
• Construction noise reduction methods such as shutting off idling equipment, installing
temporary acoustic barriers around stationary construction noise sources, maximizing the
distance between construction equipment staging areas and occupied residential areas, and
use of electric air compressors and similar power tools, rather than diesel equipment, shall be
used where feasible.
• During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from or shielded from sensitive noise receivers.
• During construction, stockpiling and vehicle staging areas shall be located as far as practical
from noise sensitive receptors.
• The project shall be in compliance with the City's Municipal Code such that grading activities
are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m.
and sunset on Saturday.
2.3.2 Exterior Recreational Noise
A. Significant Impact. Onsite parks and courtyards are proposed to be located on the project
site, including a larger park, with an amphitheater, picnic area, and children's play area west
of Independent Living Building 3. The closest onsite resident has the potential to be exposed to
recreational noise associated with the use of the park amphitheatre, picnic area, and
children's play area.
B. Facts in Support of Finding (1). The Project's potentially significant impact related to exterior
recreational noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-2
The park amphitheater, picnic area, recreation areas for the IL buildings, and children's play area
shall not be used between the hours of 10:00 p.m. and 7:00 a.m. This restriction shall be included as
a condition to the CCRC facility's conditional use permit.
2.3.3 Traffic Generated Noise: Exterior
A. Significant Impact. The ground floor noise level of the assisted/independent living buildings
adjacent to College Boulevard would range up to 71 dB CNEL. The noise level would exceed
the City's noise guidelines (60 dB threshold) by up to 11 dB, and would result in a significant
noise impact. In addition, the backyards of the homes located adjacent to College Boulevard
at the north and south cluster of cottages would be exposed to noise levels greater than 60 dB
CNEL.
Dos Colinas Final EIR
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
B. Facts in Support of Finding (1). The Project's potentially significant impact related to traffic
generated noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-3, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-3
Prior to the issuance of building permits for any building associated with Phase II, six to ten-foot high
noise barriers shall be constructed to mitigate noise impacts adjacent to College Boulevard. The
noise barrier heights at the CCRC site are depicted on Figure 6.4-14. The noise barriers may be
constructed as a wall, berm, or combination of both; however, the overall height of the masonry
wall shall not exceed six feet. The noise barriers must have a surface density of at least 3.5 pounds
per square foot, and have no openings or cracks. The wall may be constructed of 5/8 inch
Plexiglas, any masonry material, or a combination of these materials.
2.3.4 Traffic Generated Noise: Interior
A. Significant Impact. The three independent Jiving buildings and assisted living/Alzheimer's
buildings would be exposed to interior noise levels exceeding the City of Carlsbad's maximum
threshold of 45 dB for residential land uses.
B. Facts in Support of Finding (1). The Project's potentially significant impact related to traffic
• generated noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-4, as provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-4
Prior to the issuance of building permits for the development of Phase II, an interior noise study will
be required for the three independent living buildings and the assisted living/Alzheimer's building to
ensure that the interior CNEL would not exceed 45 dB. Any additional measures identified by the
acoustical analysis that are necessary to achieve an interior standard of 45 dB CNEL shall be
incorporated into the building/architectural plans. The buildings will require air-conditioning and/or
mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact.
2.3.5 Heating Ventilation and Air Conditioning Equipment Noise
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative has
the potential to expose the inhabitants of the future cottages, located adjacent to the
independent living and assisted living/Alzheimer's buildings, to noise related to heating,
ventilation, and air conditioning (HVAC) equipment.
Dos Colinas Final EIR 10
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
B. Facts in Support of Finding (1). The Project's potentially significant impact related to heating
ventilation and air conditioning equipment noise would be mitigated to below a level of
significance with implementation of Mitigation Measure N-5, provided below from the Final EIR
(Section 6.4).
C. Mitigation Measure
Mitigation Measure N-5
Prior to finalizing the mechanical equipment plans for the independent -living buildings and the
assisted living/Alzheimer's building of Phase II, the plans shall be evaluated to ensure that outdoor
mechanical equipment noise would at a minimum not exceed 60 dB CNEL at the proposed
adjacent cottage residences.
2.3.6 McClellan-Palomar Airport Noise
A. Significant Impact. The project site is located within the McClellan-Palomar Airport Overflight
Notification Area. As such, the project may be subject some of the annoyances or
inconveniences associated with proximity to airport operations. This is considered a significant
noise impact.
B. Facts in Support of Finding (1). The Project's potentially significant impact related to airport
noise would be mitigated to below a level of significance with implementation of Mitigation
Measures N-6 and N-7, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure N-6
New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the
ALUCP shall be notified as part of the standard Carlsbad Noise Disclosure that the project area is
outside the 60 db(A) CNEL airport noise impact area, but still subject to intermittent single-event
noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state
statute dictates that the following statement shall be provided:
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CEQA Findings Exhibit "A"
October 19,2011
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity
to airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
and determine whether they are acceptable to you.
This measure shall be implemented through inclusion of the standard Carlsbad Noise Disclosure in
the lease for the residents of the senior community. Prior to issuance of building permits for Phase II,
the City of Carlsbad Planning Department shall be responsible for verification of implementation of
this measure.
Mitigation Measure N-7
Prior to recordation of the final map for Phase II,. an overflight notification document shall be
recorded for any local agency approval or new residential land use development within the
overflight notification area. The document shall inform property owners that the property is subject
to aircraft overflight, aircraft noise exposure, and other airport-related impacts. The City of
Carlsbad Planning Department shall be responsible for verification of implementation of this
measure through the recordation of a Notice ("Noise Form No. 2").
2.4 Biological Resources
2.4. ] Phase I
A. Significant Impact. The relocation of the RV storage and garden area, as part of Phase I of
the Refined No Affordable Housing Site Alternative, would permanently impact approximately
7.0 acres of extensive agriculture and 0.6 acre of disturbed habitat (HMP Habitat Group F). The
new location of the RV storage and garden area is designed to replace existing off-site
facilities located northeast of College Boulevard-Reach "A"; this is a required mitigation
measure of the Final EIR for the College Boulevard Reach "A" (EIR No. 98-02 SCH No.
99111082). The impacts to extensive agriculture and disturbed habitat are considered
significant per the City's HMP. In addition, 0.1 acre of extensive agriculture and 0.1 acre of
disturbed habitat would be temporarily impacted by the development of Phase I.
B. Facts in Support of Finding (1). The Project's potentially significant biological resources impacts
associated with Phase I of the project would be mitigated to below a level of significance with
implementation of Mitigation Measures B-l through B-4, provided below from the Final EIR
(Section 6.4).
C. Mitigation Measures
Dos Colinas Final EIR 12
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CEQA Findings Exhibit "A"
October 19, 2011
Mitigation Measure B-1
Prior to issuance of a grading permit for improvements proposed for Phase I of construction (i.e.,
grading to support the new RV storage/garden plot parcel), per the Carlsbad HMP, the Applicant
shall pay in-lieu mitigation fees as a result of significant direct impacts to 7.0 acres of extensive
agriculture (HMP Habitat Group F) and 0.6 acre of disturbed habitat (HMP Habitat Group F). The in-
lieu mitigation fees shall be in an amount to be determined pursuant to the City of Carlsbad Fee
Schedule.
Mitigation Measure B-2
Prior to issuance of a grading permit for improvements proposed for Phase I, construction (grading
and building) and design measures listed below shall be implemented into the construction
documents to avoid and minimize the likelihood of unanticipated impacts occurring.
• A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and
b) project construction within 300 feet of sensitive habitat to ensure compliance with all
conservation measures. The biologist shall be knowledgeable of upland and wetland biology
and ecology. The biologist shall perform the following duties:
Oversee installation of, and inspect temporary fencing and erosion control measures
approximately once per week (or as determined necessary by the biologist and City
Project Manager) and daily during all rain events to ensure that any breaks in the fence or
erosion control measures are repaired immediately.
Monitor the work area weekly (or as determined necessary by the biologist and City
Project Manager) to ensure that work activities do not generate excessive amounts of
dust.
Train all contractors and construction personnel on the biological resources associated
with this project and ensure that training is implemented by construction personnel. At a
minimum, training should include: a) the purpose for resource protection; b) the
conservation measures that should be implemented during project construction, including
strictly limiting activities, vehicles, equipment, and construction materials to the fenced
project footprint to avoid sensitive resource areas in the field (i.e., avoided areas
delineated on maps or on the project site by fencing); d) environmentally responsible
construction practices, and e) the protocol to resolve conflicts that may arise at any time
during the construction process.
Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the
Wildlife Agencies within 24 hours of discovery of its occurrence.
• Prior to construction activities, the construction manager should implement and maintain BMPs
according to the City's HMP and/or according to Appendix B of the Final MHCP Subarea Plan,
Volume II.
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CEQA Findings Exhibit "A"
October 19, 2011
• Prior to construction activities, all wetland areas within 50 feet of construction shall be
protected by orange environmental fencing to protect them from damage (if determined
necessary by the biologist and City Project Manager). Fencing shall be implemented and
maintained by the construction manager and not interfere with wildlife movement or flows
along the riparian corridors.
• Prior to construction activities, the construction manager shall implement and maintain silt
fencing or other sediment trapping devices in order to prevent run-off from entering the water
systems during construction activities.
• Adequate requirements for dust, drainage, and erosion control shall be incorporated into
project plans and grading conditions. The erosion control material used for revegetation
purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of
similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed
by the California Invasive Plant Inventory (Cal-IPC) in the California Invasive Plant Inventory
(2007).
• Construction storm water management plans shall be prepared and followed through the
implementation of a Storm Water Pollution Prevention Plan (SWPPP).
• The Applicant and the contractor shall execute a construction contract that includes the
following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and
construction materials to the fenced project footprint; b) the project site shall be kept as clean
of debris as possible (all food related trash items should be enclosed in sealed containers and
regularly removed from the site); c) pets of project personnel shall not be allowed on the
project site; d) disposal or temporary placement of excess fill, brush or other debris should not
be allowed in adjacent waters of the United States or .their banks; and e) all equipment
maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall
occur in designated staging areas outside of waters of the United States within the fenced
project impact limits. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from waters of the United States. Contractor equipment shall be
checked for leaks prior to operation and repaired as necessary.
• All environmental permits and authorizations for work shall be kept on site and fully reviewed
and complied with by the project superintendent and City representative.
Mitigation Measure B-3
After completion of site grading and associated Phase I improvements for the RV storage/garden
parcel, areas temporarily impacted shall be revegetated with appropriate native species for
erosion control purposes.
Mitigation Measure B-4
If construction (grading) of Phase I would occur during the migratory bird breeding season
(generally defined as January 15 - September 15), a pre-construction survey for active migratory
bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior
Dos Colinas Final EIR 14
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CEQA Findings Exhibit "A"
October 19, 2011
to the start of construction. The results of the survey shall be submitted to the City and CDFG in the
form of a written report, and should include the following information: a) date(s) of survey, b) total
field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an
active bird nest were found, no "take" of nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and
§3513. Based on similar projects, .if the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be'delineated by temporary fencing, and would be in effect
throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100
feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and
localized conditions (e.g., width and type of screening vegetation between the nest and the
proposed activity, terrain, existing level of human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced buffer.
2.4.2 Phase //
A. Significant Impact. Phase II of the Dos Colinas project may result in impacts to vegetation
communities, jurisdictional wetlands and waterways, and migratory birds. These impacts are
discussed in detail below.
Approximately less than 0.1 acre of disturbed valley needlegrass and 0.6 acre of Diegan
coastal sage scrub located within the CCRC footprint would be permanently impacted due to
the development of Phase II. Permanent impacts would also occur to approximately 0.1 acre
of eucalyptus woodland, 27.2 acres of extensive agriculture, and 1.1 acres of disturbed habitat
due to the development of Phase II. All permanent impacts to disturbed valley needlegrass
grassland (HMP Habitat Group B), Diegan coastal sage scrub (BMP Habitat Group D),
eucalyptus woodland (HMP Habitat Group F), extensive agriculture (HMP Habitat Group F),
and disturbed habitat (HMP Habitat Group F) are significant under CEQA and the City's HMP.
In addition, approximately less than 0.1 acre of Diegan coastal sage scrub, 0.1 acre of
eucalyptus woodland, 0.2 acre of extensive agriculture, and 0.1 acre of disturbed habitat
would be temporarily impacted with implementation of Phase II of the refined alternative.
As part of Phase II of the Dos Colinas project, an off-site storm drain will be constructed to
provide permanent drainage for the project site. The refined alternative cannot avoid direct
permanent impacts to waters regulated as streambank by the CDFG for the construction of
the storm drain. Construction of the off-site storm drain will result in an impact to 0.01 acre of
non-vegetated earthen stream bank subject to regulation by the California Department of Fish
and Game.
With regards to sensitive species, construction activities associated with Phase II of the Dos
Colinas project may result in impacts to raptors, least Bell's vireo and lower sensitivity species.
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CEQA Findings Exhibit "A"
October 19, 2011
Impacts include exposure to construction noise and loss of habitat due to the removal of trees
on-site.
Moreover, Phase II could result in potential indirect impacts such as increased erosion or
sedimentation offsite along Little Encinas Creek and Agua Hedionda Creek as a result of
ground disturbance from construction of the RV Parking/Garden parcel, planned senior
community storm drain channel, and sewer access road. In addition, intrusion of invasive non-
native species could occur passively through natural seed recruitment in disturbed onsite soils
and/or actively through site development revegetation or erosion control measures. Indirect
impacts may also result from artificial lighting during construction and/or site development
lighting that could affect adjacent natural areas.
B. Facts in Support of Finding (1). The Project's potentially significant biological resource impacts
associated with Phase II of the project would be mitigated to below a level of significance with
implementation of Mitigation Measures B-5 through B-15, provided below from the Final EIR
(Section 6.4).
C. Mitigation Measures
Mitigation Measure B-5
Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to <0.1 (0.04)
acre of disturbed valley needlegrass grassland and a mitigation ratio of 1:1 shall be applied to
permanent and temporary impacts to 0.65 acre of Diegan coastal sage scrub.
As a result, 0.13 acre of valley needlegrass grassland would be created within Parcel 3 via removal
of 0.13 acres of extensive agriculture habitat and replacement with native grasses with a-minor
inclusion of Diegan coastal sage scrub constituents. Project mitigation for impacts to Diegan
coastal sage scrub shall occur via preservation of 1.08 acres of existing Diegan coastal sage scrub
within Parcel 3. Parcel 3 will be preserved as open space in perpetuity.
Prior to the issuance of a grading permit or clearing of any habitat associated with Phase II,
whichever occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot which is being conserved for natural habitat in
conformance with the City's Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses qualifications
to manage the open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity
in accordance with the requirements of the North County Multiple Habitats Conservation
Plan and the City's Open Space Management Plan.
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the Planning Director and conservation entity, if any, in an
amount sufficient for management and monitoring of the open space lot(s) in perpetuity.
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CEQA Findings Exhibit "A"
October 19.2011
d. Record a Conservation Easement over the open space lot(s). The conservation easement
shall meet the minimum standards outlined pursuant to CMC Section 21.21.050(C) and the
HMP.
e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity. The Preserve Management Plan shall meet the minimum
standards outlined pursuant to CMC Section 21.210.050(0) and the HMP.
Mitigation Measure B-6
Prior to issuance of a grading permit for improvements proposed for Phase II, construction (grading
and building) and design measures listed below shall be implemented into the construction
documents to avoid and minimize the likelihood of unanticipated impacts occurring.
• A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and
b) project construction within 300 feet of sensitive habitat to ensure compliance with all
conservation measures. The biologist shall be knowledgeable of upland and wetland biology
and ecology. The biologist shall perform the following duties:
Oversee installation of, and inspect temporary fencing and erosion control measures
approximately once per week (or as determined necessary by the biologist and City
Project Manager) and daily during all rain events to ensure that any breaks in the fence or
erosion control measures are repaired immediately.
Monitor the work area weekly (or as determined necessary by the biologist and City
Project Manager) to ensure that work activities do not generate excessive amounts of
dust.
Train all contractors and construction personnel on the biological resources associated
with this project and ensure that training is implemented by construction personnel. At a
minimum, training should include: a) the purpose for resource protection; b) the
conservation measures that should be implemented during project construction, including
strictly limiting activities, vehicles, equipment, and construction materials to the fenced
project footprint to avoid sensitive resource areas in the field (i.e., avoided areas
delineated on maps or on the project site by fencing); d) environmentally responsible
construction practices, and e) the protocol to resolve conflicts that may arise at any time
during the construction process.
Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the
Wildlife Agencies within 24 hours of discovery of its occurrence.
• Prior to construction activities, the construction manager shall implement and maintain BMPs
according to the City's HMP and/or according to Appendix B of the Final MHCP Subarea Plan,
Volume II.
• Prior to construction activities, all wetland areas within 50 feet of construction shall be
protected by orange environmental fencing to protect them from damage (if determined
necessary by the biologist and City Project Manager). Fencing shall be implemented and
Dos Colinas Final EIR 17
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CEQA Findings Exhibit "A"
October 19, 2011
maintained by the construction manager and not interfere with wildlife movement or flows
along the riparian corridors.
• Prior to construction activities, the construction manager shall implement and maintain silt
fencing or other sediment trapping devices in order to prevent run-off from entering the water
systems during construction activities.
• Adequate requirements for dust, drainage, and erosion control shall be incorporated into
project plans and grading conditions. The erosion control material used for revegetation
purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of
similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed
by the California Invasive Plant Inventory (Cal-IPC) in the California Invasive Plant Inventory
(2007).
In addition to the above recommended hydroseed mix, the lowest detention basin in
elevation, in the southwestern portion of the CCRC site shall be planted with native
container plants as recommend by the biologist.
• Construction storm water management plans shall be prepared and followed through the
implementation of a Storm Water Pollution Prevention Plan (SWPPP).
• The project shall incorporate low sodium, downcast/fully shielded temporary (during
construction activities if required) and permanent lighting (associated with CCRC site and
affordable site adjacent to the open space) within its lighting plan.
• The Applicant and the contractor shall execute a construction contract that includes the
following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and
construction materials to the fenced project footprint; b) the project site shall be kept as clean
of debris as possible (all food related trash items should be enclosed in sealed containers and
regularly removed from the site); c) pets of project personnel shall not be allowed on the
project site; d) disposal or temporary placement of excess fill, brush or other debris should not
be allowed in adjacent waters of the United States or their banks; and e) all equipment
maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall
occur in designated staging areas outside of waters of the United States within the fenced
project impact limits. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from waters of the United States. Contractor equipment shall be
checked for leaks prior to operation and repaired as necessary.
• All environmental permits and authorizations for work shall be kept on site and fully reviewed
and complied with by the project superintendent and City representative.
Mitigation Measure B-7
After completion of site grading and associated Phase II improvements, all areas temporarily
impacted shall be revegetated with appropriate native species for erosion control purposes.
Mitigation Measure B-8
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CEQA Findings Exhibit "A"
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Prior to issuance of a grading permit for improvements proposed for Phase II of construction, per
the Carlsbad HMP, the Applicant shall pay in-lieu mitigation fees as a result of significant direct
impacts to 27.3 acres of extensive agriculture (HMP Habitat Group F), 0.2 acre of eucalyptus
woodland, and 1.1 acres of disturbed habitat (HMP Habitat Group F). The in-lieu mitigation fees
shall be in an amount to be determined pursuant to the City of Carlsbad Fee Schedule.
Mitigation Measure B-9
Prior to issuance of a grading permit for Phase II, the alignment of the storm drain shall be finalized.
If the storm drain cannot be located within the existing road at Rancho Carlsbad, and construction
of the storm drain is under the Proposed or Alternative 1 Stormdrain alignment, the construction of
the storm drain will require the approval of a streambed alteration agreement with the CDFG,
pursuant to section 1602 of the California Fish and Game Code. If Alternative 2 Stormdrain
Alignment, as detailed in the above section, is selected for implementation, this mitigation is not
applicable and shall be signed off.
Dos Colinas Final EIR 19
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October 19, 2011
Mitigation Measure B-10
If construction (grading) of Phase II would occur during the migratory bird breeding season
(generally defined as January 15 - September 15), a pre-construction survey for active migratory
bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior
to the start of construction. The results of the survey shall be submitted to the City and CDFG in the
form of a written report, and should include the following information: a) date(s) of survey, b) total
field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an
active bird nest were found, no "take" of nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and
§3513. Based on similar projects, if the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary fencing, and would be in effect
throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100
feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and
localized conditions (e.g., width and type of screening vegetation between the nest and the
proposed activity, terrain, existing level of human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced buffer.
Mitigation Measure B-11
After the issuance of a grading permit, construction (grading) for Phase II adjacent to the
occupied habitat, shall occur outside of the least Bell's vireo and Cooper's hawk breeding season
(generally defined as January 15 - September 15). If avoidance of the nesting bird season is not
feasible, vegetation removal and construction activities may occur during the restricted work
period if the project biologist conducts a focused survey for active nests within forty-eight (48)
hours prior to work in the area. The results of the survey shall be submitted to the City and Wildlife
Agencies via fax and/or email. If the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary fencing, and shall be in effect throughout
construction or until the nest is no longer active. The buffer shall be a minimum of 300 feet around
a Cooper's hawk nest and 500 feet around active least Bell's vireo nest. The Applicant may
consult with the Wildlife Agencies to discuss a reduced buffer size if species sensitivity and localized
conditions (e.g., width and type of screening vegetation between the nest and the proposed
activity, terrain, existing level of human activity within the buffer and in the surrounding area, and
existing ambient level) warrant a reduced buffer.
Mitigation Measure B-12
If an active vireo nest is located, construction noise levels at the project edge closest to the
occupied habitat shall be kept below ambient noise levels or 60 dBA (if ambient less than 60 dBA)
from 5 a.m. to 11 a.m. during the peak nesting period of March 15 to July 15. For the balance of
the day/season, the noise levels shall not exceed 60 decibels, averaged over a one-hour period
on an A-weighted decibel. Noise levels shall be monitored and monitoring reports shall be
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provided to the City and Wildlife Agencies via fax and/or email. Noise levels in excess of this
threshold shall require written concurrence from the Wildlife Agencies and may require additional
minimization/mitigation measures.
Mitigation Measure B-13
Prior to issuance of a building permit, permanent fencing (i.e., lodge pole with vinyl chain link
screening the open areas between horizontal beams to prevent domestic animal intrusion) shall be
installed along the southern border of the property (i.e. property line adjacent to APN 209-060-71,
southern extent of south cluster of cottages and upland open space parcel).
2.5 Cultural Resources
A. Significant Impact. The project is located in area containing dense scattering of prehistoric
sites and is located near the Agua Hedionda Lagoon, a major resource center for prehistoric
populations (the San Dieguito Complex, La Jolla Complex, and Luiseno Indians). As such, there
is a potential that previously undiscovered archaeological resources could be encountered
during grading activities associated with the Refined No Affordable Housing Site Alternative.
B. Facts in Support of Finding (1). The Project's potentially significant cultural resources impact
would be mitigated to below a level of significance with implementation of Mitigation
Measures CR-1 A. through F., and CR-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure CR-1
Prior to the issuance of a grading permit, any development of the Refined No Affordable Housing
Site Alternative will require the implementation of an Archaeological Monitoring Program as a
mitigation measure. This program will provide the means to ensure that any historic or prehistoric
resources that may be encountered during grading of the project are identified, evaluated, and
subjected to mitigation measures, if necessary. The monitoring program will be directed by an
individual approved by the City and who meets the minimum qualifications for Principal
Investigator listed in 36 CFR 61 under the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation. The archaeologist will be qualified in site identification,
significance evaluation of archaeological deposits, consultation with regulatory agencies, and to
plan site evaluation and mitigation activities. The qualified archaeologist must implement the
grading monitoring program to mitigate potential impacts to undiscovered buried archaeological
resources to the satisfaction of the City of Carlsbad. The onsite monitors shall be experienced
archaeologists operating under the direction of the •Principal Investigator. The basis for this
requirement is that any construction within the APE may include areas where potentially important
buried cultural deposits could be discovered. In order to identify any significant and previously
undocumented cultural deposits, the monitoring program will require the presence of an
archaeological monitor, as well as a Luiseno Native American monitor, during all grading and
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excavation associated with the CCRC site under the refined alternative. This program shall
include, but shall not be limited to, the following actions:
A. Prior to project commencement, the qualified Principal Investigator and Native American
monitor shall attend the pre-grading meeting with the contractors to explain and
coordinate the requirements of the monitoring program.
B. . During the cutting or excavation of previously undisturbed deposits, archaeological
monitor(s) and Native American Observers shall be on site full-time to perform inspections
of the excavations. The number of monitors will depend on the rate of excavation, the
number of areas being graded at any one time, the materials excavated, and the
presence and abundance of artifacts and features.
C. In the event that previously unidentified and potentially significant cultural resources are
discovered, the monitoring archaeologist shall have the authority to divert or temporarily
halt ground disturbance operations in the area of discovery to allow evaluation of
potentially significant cultural resources. The Principal Investigator shall contact the City of
Carlsbad representative at the time of discovery. The Principal Investigator, in consultation
with City staff, shall determine the significance of the discovered resources. For any
significant cultural resources discovered during monitoring of grading, further mitigation
measures (data recovery) will be necessary to complete the impact mitigation. A
detailed description of the additional mitigation measures will be prepared by the
consulting archaeologist and approved by the City, prior to implementation. Isolates and
clearly non-significant deposits will be minimally documented in the field and the
monitored grading can proceed.
D. If any Native American burials, human skeletal or other remains including associated grave
goods are discovered, the Principal Investigator shall contact the County Coroner and the
City representative for the project immediately. In the event that the remains are
determined to be of Native American origin, the Most Likely Descendant (MLD, as
identified by the Native American Heritage Commission, shall be contacted in order to
determine proper treatment and disposition of the remains.
E. All cultural material collected during the grading monitoring program shall be processed
and curated according to current professional repository standards. The collections and
associated records shall be transferred, including title, to an appropriate curation facility
within San Diego County, to be accompanied by payment of the fees necessary for
permanent curation. If the Native American representatives request that artifacts be
repatriated to the local Native American community, this shall be conducted as directed
by the City.
F. Complete and submit to the satisfaction of the City, a final monitoring report for the
project that documents the results, analysis, and conclusions of all phases of the
Archaeological Monitoring Program. However, in the event that no cultural resources are
discovered, a brief letter to that effect shall be sent to the City by the Principal Investigator
that the grading monitoring activities have been completed. Regardless, the report shall
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include any updated Archaeological Site forms, which must also be submitted to the
South Coastal Information Center.
Mitigation Measure CR-2
Prior to commencement of grading of the CCRC site (including the RV storage and garden area),
the developer shall enter into a pre-excavation agreement with a representative of the San Luis
Rey Band of Mission Indians. The purpose of the agreement will be to formalize monitoring
requirements and procedures for the treatment of Native American human remains, burial,
ceremonial or cultural sites that may be uncovered during any ground disturbance activity.
2.6 Geology/Soils
A. Significant Impact. The project site for the Refined No Affordable Housing Site Alternative may
be prone to landslides and slope instability, potential settlement, and liquefaction. In addition,
the residual soils and deposits encountered within the project site are identified as moderately
to highly expansive. Furthermore, because groundwater was encountered at the CCRC site,
there is concern that the presence of deep, potentially compressible alluvial deposits coupled
with shallow groundwater may cause a settlement hazard to the project site.
B. Facts in Support of Finding (1). The Project's potentially significant geology/soils impact would
be mitigated to below a level of significance with implementation of Mitigation Measure GS-1,
provided below from the Final EIR (Section 6.4}.
C. Mitigation Measure
Mitigation Measure GS-1
Prior to approval of final grading plans for either the CCRC site or RV storage/garden area, the City
shall verify that all recommendations contained in the Updated Geotechnical Investigation Dos
Co/inas Residential Development have been incorporated into all final grading plans. The City's
soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan
compliance with the recommendations of the report. All future grading and construction of the
project site shall comply with the geotechnical recommendations contained in the geotechnical
reports. These reports identify specific measures for mitigating geotechnical conditions on the
project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and
earth retaining walls.
2.7 Paleontological Resources
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative will
require earthwork that will occur within Quaternary (Pleistocene terrace deposits) and Tertiary
(Santiago Formation) deposits, including the Santiago Formation. These formations have a
high paleontological resource sensitivity. Because the refined alternative will disturb
Dos Colinas Final EIR 23
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
geological formations that have a high sensitivity, the potential impact to paleontological
resources is considered significant.
B. Facts in Support of Finding (1). The Project's potentially significant paleontological resources
impact would be mitigated to below a level of significance with implementation of Mitigation
Measure PR-1, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure PR-1
Prior to project site grading for all phases of development, a qualified paleontologist shall be
retained to carry out an appropriate mitigation program. A qualified paleontologist is defined as
an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontology
procedures and techniques.
• The qualified paleontologist shall be present at the pre-construction meeting to consult with
grading and excavation contractors concerning excavation schedules, paleontological field
techniques, and safety issues.
• A paleontological monitor shall be onsite on a full-time basis during the original cutting of
previously undisturbed deposits of high paleontological resource potential (Pleistocene Terrace
Deposits and Santiago Formation) to inspect exposures for contained fossils. A paleontological
monitor is defined as an individual who has experience in the collection and salvage of fossil
materials. The paleontological monitor should work under the direction of a qualified
paleontologist.
• When fossils are discovered the paleontologist (or paleontological monitor) shall recover them.
In most cases, this fossil salvage can be completed in a short period of time. However, some
fossil specimens (such as a complete large mammal skeleton) may require an extended
salvage period. In these instances the paleontologist (or paleontological monitor) shall be
allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a
timely manner. Because of the potential for the recovery of small fossil remains, such as
isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing
operation on the site.
• Fossil remains collected during the monitoring and salvage portion of the paleontological
mitigation program shall be cleaned, repaired, sorted, and cataloged.
• Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be
deposited (as a donation) in a scientific institution with permanent paleontological collections
such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied
by financial support for initial specimen storage.
• A final paleontological monitoring and recovery (if applicable) summary report shall be
completed that outlines the results of the mitigation program. This report shall include
Dos Colinas Final EIR 24
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and
significance of recovered fossils.
2.8 Hydrology/Water Quality
2.8. / Erosion and Siltation
A. Significant Impact. The Refined No Affordable Housing Site Alternative would include the use
of graders and other earthmoving equipment during initial site preparation. These activities
would generate dust and require the use of water trucks to meet fugitive dust requirements.
The use of water trucks increases the potential for silt to exit the project site and enter the
surrounding Agua Hedionda Creek watershed. Increased erosion may also occur from
construction activities and the modification and/or filling and rerouting of existing drainage
patterns. Therefore, the refined alternative has the potential to result in significant adverse
impacts related to erosion and siltation.
B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality
impact related to erosion and siltation would be mitigated to below a level of significance with
implementation of Mitigation Measure WQ-1, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure WQ-1
Prior to issuance of a grading permit for any phase of the development, the applicant shall
prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution
Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance
with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General
Construction Stormwater Permit (Order No. 2009-0009-DWR, NPDES CAS000002), and the General
Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES CAS0108758). The applicant shall be
responsible for monitoring and maintaining the BMP erosion control measures identified below on a
weekly basis in accordance with the City's grading and erosion control requirements (Municipal
Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted on the
SWPPP Site Map. BMPs that shall be installed include, but are not limited to, the following:
• Silt fence, fiber rolls, or gravel bag berms;
• Check dams;
• Street sweeping and vacuuming;
• Storm drain inlet protection;
• Stabilized construction entrance/exit;
• Hydroseed, soil binders, or straw mulch;
• Containment of material delivery and storage areas;
• Stockpile management;
• Spill prevention and control;
Dos Colinas Final EIR 25
EIR 09-01
CEQA Findings Exhibit "A"
October 19,2011
• Waste management for solid, liquid, hazardous, and.sanitary waste-contaminated soil; and,
• Concrete waste management.
2.8.2 Hydromodification
A. Significant Impact. Because a majority of the project site is currently undeveloped, the Refined
No Affordable Housing Site Alternative has a potential to result in a hydrology/water quality
impact related to an increase in impervious areas over existing conditions, increasing
stormwater runoff volumes and altering the route and velocity in which water flows across the
project site. Changes in stormwater runoff can lead to increased erosion and sedimentation
. rates of downstream channels, creeks, and rivers, causing increased turbidity, channel
aggradation, or channel degradation.
B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality
impact related to stormwater runoff volumes would be mitigated to below a level of
significance with implementation of Mitigation Measure WQ-2, provided below from the Final
EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure WQ-2
Prior to the issuance of a grading permit for any phase of development, the applicant shall
prepare a Final Hydromodification Plan in accordance with the Final Hydromodification
Management Plan for the phase of grading being permitted. The final plan shall show how the
project complies with the applicable hydromodification provisions of Order R9-2007-0001 and is
designed so that post-project runoff flow rates and directions do not exceed pre-project runoff
flow rates and duration for applicable design storms.
2.8.3 Wafer Qualify
A. Significant Impact. The Refined No Affordable Housing Site Alternative would require grading
of the site and would result in water quality impacts associated with construction such as
increased sedimentation or debris. In addition, once constructed, the project site will likely
generate certain pollutants commonly found in similar developments that could affect water
quality downstream from the project site.
B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality,
impact would be mitigated to below a level of significance with implementation of Mitigation
Measures WQ-1 (as listed above) and WQ-3, provided from the Final EIR (Section 6.4).
Dos Colinas Final EIR 26
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
C. Mitigation Measure
Mitigation Measure WQ-3
Prior to the issuance of grading permits or other approvals for any public or private right-of-way
improvements or site development plans, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will
be controlled through compliance with the City of Carlsbad SUSMP and Stormwater Management
Program (SWMP). Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has incorporated the post-development water quality pollution
control site design BMPs, source control BMPs, and structural treatment control BMPs into the
project design to the maximum extent practicable.
3.0 Effects Found Not to be Significant
The City finds, based on the substantial evidence appearing in Chapter 7.0 of the EIR, that the
following impacts on the following resources will not be significant: Agricultural and Forest
Resources, Mineral Resources, and Recreation.
4.0 Findings Regarding Feasible Alternatives
Pursuant to CEQA Guidelines §15126.6(a), EIRs must "describe a range of reasonable alternatives
to the project, or to the location of the project, which would feasibly attain most of the basic
objectives of the project but would avoid or substantially lessen any of the significant effects of the
project, and evaluate the comparative merits of the alternatives."
The EIR considers a reasonable range of alternatives. The alternatives to the Project are evaluated
in Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the Project, and
eliminate or further reduce its significant environmental effects. Based on these parameters, the
following alternatives are considered: (1) No Project/No Development Alternative, (2) Existing
General Plan Alternative, and (3) Refined No Affordable Housing Site Alternative.
As noted above, the Refined No Affordable Housing Site Alternative is the recommended project
by both City staff and the applicant for adoption by the City Council. The Findings prepared for this
project reflect the Refined No Affordable Housing Site Alternative, potential impacts and
associated mitigation measures to reduce those impacts to below a level of significance.
Because detailed description of the Refined No Affordable Housing Site Alternative are included
above, the following is a summary of the two other alternatives analyzed within this EIR.
4.1 No Project-No Development Alternative
The No Project/No Development Alternative assumes that the Dos Colinas project, as proposed,
would not be implemented and the project site would not be developed. The No Project/No
Development Alternative would not provide new assisted living units and affordable housing to
Dos Colinas Final EIR 27
EIR 09-01
CEQA Findings Exhibit "A"
October 19,2011
meet the needs of the City of Carlsbad's anticipated population growth. Overall, the No
Project/No Development Alternative would not meet any of the project objectives.
The No Project/No Development Alternative is environmentally superior to the proposed project.
Similar to the proposed project, implementation of this alternative would result in no significant
environmental effects associated with land use, traffic/circulation, grading /aesthetics, and
population/housing. This alternative would avoid impacts associated with air quality, greenhouse
gas emissions, noise, biological resources, cultural resources, geology/soils, paleontological
resources, hazardous materials and hazards, hydrology/water quality, and public services/utilities.
However, under this alternative none of the basic objectives of the project would be met. The No
Project/No Development Alternative would not provide a multi-unit professional care facility/senior
community catering to older adults desiring access to various onsite services and would not
provide living units that will add to the diversity of housing opportunities within the City.
Furthermore, this alternative would not provide increased employment opportunities for local
residents. Therefore, this alternative, while Environmentally Superior under CEQA, is not
recommended for approval.
4.2 Existing General Plan Alternative
The Existing General Plan Alternative assumes that the project site would be developed pursuant to
the specifics of the existing General Plan land use designations.
Under this scenario, development of the project site would be primarily either one large subdivision
or a series of single-family residential subdivisions (residential low-medium density). The residential
low-medium density (RLM) General Plan designation allows 0-4 dwelling units per acre. Open
space areas, similar to the existing open space areas that surround the site, will be maintained.
Grading is assumed to be similar in area and quantity as the proposed project. Additional
emergency access to and from Rancho Carlsbad Estates would be provided through the
proposed project site. This alternative would comply with the City's Inclusionary Housing Ordinance
by developing 15% of the total units as affordable to low income households. Thus, the project
would result in the provision of moderate-priced housing pursuant to the Regional Housing needs.
The Existing General Plan alternative would not include the development of a continuing care
retirement community. However, it is assumed that the RV storage/garden area would be included
as it is a requirement from a mitigation measure for the future extension of College Boulevard
Reach "A" (EIR No. 98-02, SCH No. 99111082) and the Local Facilities Management Plan for Zone
15. The CCRC site contains 52.5 gross acres. If the acreage for land with existing slopes greater
than 25%, land with sensitive biological habitat (including riparian and wetlands), and existing
floodway areas are removed from development under this alternative, the result would be 48.43
net acres. Assuming a growth management control point of 3.2 dwelling units per acre for the RLM
General Plan Land Use designation, this alternative would result in a total of 155 residential units.
Dos Colinas Final EIR 28
EIR 09-01
CEQA Findings Exhibit "A"
October 19. 2011
The affordable housing site would consist of both open space and residential uses and contains 3.2
gross acres. If the acreage for existing floodway areas is removed from development under this
alternative, the result would be 1.88 net acres. Assuming a maximum of 2 dwelling units per acre,
this alternative would result in a total of 4 residential units.
As compared to the proposed project, the Existing General Plan Alternative would provide 155
single-family dwelling units instead of 309 commercial living units and 29 multi-family dwelling unit
associated with the proposed project, or 305 commercial living units as proposed under the
Refined No Affordable Housing Site Alternative.
This alternative is consistent with the existing RLM General Plan Land Use designation and would not
require a General Plan Amendment. The current zoning for the project site is Limited Control (L-C)
and the project site would need to be re-zoned to Residential (R-l). Similar to the proposed
project, implementation- of this alternative would result in no significant environmental effects
associated with land use, traffic/circulation, grading /aesthetics, and population/housing.
However, it should be noted that the existing General Plan Alternative would generate more ADTs
(1,550 ADTs) when compared to the Refined No Affordable Housing Site Alternative (1,090 ADTs).
This alternative would reduce or avoid impacts associated hydrology/water quality and public
services/utilities. Under this alternative impacts to noise, biological resources, cultural resources,
geology/soils, paleontological resources, and hazardous materials and hazards would be similar to
those identified for the proposed project; and impacts to air quality and greenhouse gas emissions
would be greater than those identified for the proposed project. In addition to resulting in similar or
greater impacts to those identified for the proposed project, this alternative would not meet the
following objectives of the project:
• Construct and operate a community that will be licensed by the California State
Department of Social Services as a Continuing Care Retirement Community (CCRC) which
meets all applicable state and local licensing requirements and complies with all applicable
regulations;
• Operate the facility in compliance with the Fair Housing Act definition of "housing for older
persons" in that at least one person who is 55 or older will occupy at least 80 percent of the
occupied units;
• Construct and operate a multi-unit professional care facility/ senior community catering to
older adults desiring access to various onsite services;
• Construct and operate a facility that provides "supportive living" approach to provide
services in a home environment, blending in the latest knowledge and expertise from the
various long-term and personal care disciplines;
• Construct and operate a project that provides a residential setting and coordinates housing,
basic and personal care services, 24-hour supervision and assistance (scheduled and
unscheduled), activities, and health-related services;
• Provide the highest quality service enhanced community for seniors in the market; and
Dos Colinas Final EIR 29
EIR 09-01
CEQA Findings Exhibit "A"
October 19, 2011
• Provide a facility that allows for protective oversight of residents including monitoring of the
general condition and whereabouts of a resident with regular visits by personal aides,
regular health check- ups and a 24-hour emergency call system.
While this alternative is considered feasible under CEQA, and provides for additional housing stock
within the City of Carlsbad, it does not meet many of the most basic objectives for the proposed
project and it is not recommended for approval on this site.
5.0 Environmentally Superior Alternative
While the No Project/No Development Alternative is considered the environmentally superior
alternative, as it reduces or avoids most of the environmental effects identified for the proposed
project, the State CEQA Guidelines, Sectionl5126.6(e)(2) requires that another alternative be
identified as the Environmentally Superior Alternative among the other alternatives. The Refined No
Affordable Housing Site Alternative has been identified as an additional Environmentally Superior
Alternative. This project design is recommended by both the project applicant and City staff for
consideration and approval by the City Council.
6.0 Consideration and Approval of the Final EIR
Pursuant to Article 7 of the State CEQA Guidelines, these Findings have been prepared for the
consideration and approval of the Final EIR and the analysis contained herein. The Final EIR was
completed in accordance with CEQA; and the decision-making body, the City Council for the City
of Carlsbad, has reviewed and considered the information contained in the Final EIR prior to
action. It is recommended that the Refined No Affordable Housing Site Alternative, along with the
above detailed mitigation measures to reduce identified significant environmental effect to below
a level of significance, be adopted. No outstanding significant impacts associated with this
refined, environmentally superior alternative would occur; and therefore, no Statement of
Overriding Considerations is proposed.
7.0 Statement of Location and Custodian of Documents
and Other Materials that Constitute a Record of
Proceedings
CEQA [Section 21081.6(a)(2)] requires that the lead agency, in this case the City of Carlsbad,
specify the location and custodian of the documents and other material that constitute the record
of proceedings upon which its decision is based. It is the purpose of this statement to satisfy this
requirements.
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, California 92008-7314
Dos Colinas Final EIR 30
EIR 09-01
CEQA Findings Exhibit "A"
October 19,2011
Because this project was subject to a hearing of the City Council, the following is also a location for
retention and custodianship of documents and other material that constitutes the record of
proceedings.
City of Carlsbad OR City of Carlsbad - Dove Library
City Clerk 1775 Dove Lanen
1200 Carlsbad Village Drive Carlsbad, California 92011
Carlsbad, California 92008
Dos Colinas Final EIR 31
EIR 09-01
Exhibit "B"
Mitigation Monitoring
and
Reporting Program
Dos Colinas Project
EIR 09-01
(GPA 09-02; ZC 09-02; CUP 09-02; SDP 09-02;
RMHP 96-01 (D); LFMP 15(E); SUP 09-02; HDP 09-02; HMP 09-02; MS 09-04)
State Clearinghouse No. 2009111085
Refined No Affordable Housing Site Alternative
Lead Agency:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Prepared by:
BRG Consulting, Inc.
304 Ivy Street
San Diego, CA 92101
October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
MITIGATION MONITORING AND REPORTING PROGRAM
City of Carlsbad
Dos Colinas Project
Final Environmental Impact Report
EIR 09-01
Refined No Affordable Housing Site Alternative
Mitigation measures have been identified in the Environmental Impact Report for the Dos Colinas Project to
reduce or eliminate potential environmental impacts associated with the Refined No Affordable Housing
Site Alternative, which is the applicant and staff recommended project. The City of Carlsbad (City) is
required to implement all adopted mitigation measures. In order to ensure compliance, the following
mitigation monitoring program has been formulated for this refined alternative. This program consists of a
checklist followed by a detailed description of the mitigation measures.
The Dos Colinas Project is intended to strengthen the City's tax base, provide a multi-unit professional care
facility/senior community catering to older adults; provide employment opportunities for local residents;
provide affordable housing which will comply with the City's Affordable housing requirements; provide
commercial living units that will add to the diversity of housing opportunities within the City; and, develop
and retain open space and wildlife habitat through the preservation and enhancement of sensitive flora
and fauna.
A mitigation checklist has been prepared for the Project. Table 1 summarizes the mitigation measures for
the Project. Information contained within the checklist clearly identifies the mitigation measure, delineates
the monitoring schedule, and defines the conditions required to verify compliance. Following is an
explanation of the seven columns that constitute the checklist.
Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with a brief
description.
Column 2 Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project
Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term Mitigation (LT) in
order to identify at what stage in the project development process the mitigation measure
can be implemented based upon the following definitions:
PD - Project Design Mitigation - mitigation that has been incorporated into the
project at the design phase of project development (e.g., traffic control plan,
landscape plan);
Dos Colinas Project MMRP-1 October 19, 2011
EIR 09-01
Mitigation Monitoring and Reporting Program Exhibit "B"
PC - Project Construction Mitigation - mitigation that is to be initiated at the
project site prior to and/or during construction to avoid construction related
impacts (e.g., dust or noise control measures);
OM - On-going Mitigation - mitigation associated with the project over a period
of time (e.g., success of revegetation);
U - Long-Term Mitigation - mitigation that requires monitoring over a greater
period of time (e.g., five year revegetation monitoring program).
Column 3 Monitor: Identifies the City department or other public agency that is responsible for
determining compliance with the mitigation measure and for informing the Planning
Department about compliance.
Column 4 Schedule: The monitoring schedule depends upon the progression of the overall project.
Therefore, specific dates are not used within the "Schedule" column. Instead, scheduling
describes a logical succession of events (e.g., prior to construction, annual) and if
necessary, delineates a follow-up program.
Column 5 Compliance Action: The monitor can easily determine a mitigation measure's completion
by referring to "Compliance Action." Upon satisfaction of the requirement listed in this
column, the mitigation measure is considered complete.
Column 6 Verification of Compliance: The monitor verifies completion of the particular mitigation
measure by initialing and dating in this column. Where the "Schedule" column indicates
annual or other ongoing mitigation measures, verification of compliance may not occur
until completion of the project. Provision of all required signatures within the Verification of
Compliance column signifies conclusion of the monitoring program.
Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be documented
during each visit. The space provided for remarks is obviously too small for inclusion of the
remarks. It is intended that this space be used to indicate whether there are specific
comments pertaining to the status of the mitigation measure. If there are additional
comments they are to be attached to the checklist. Progress reports are required for the
revegetation program. Information provided within progress reports will be helpful in the
development of future mitigation programs.
This program is to be adopted by the lead and responsible agencies upon formulation of findings in order
to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code Section 21081.6).
Dos Colinas Project
EIR 09-01
MMRP-2 October 19, 2011
Mitigation Monitoring and Reporting Program
TABLE 1
Dos Colinas Project (EIR 09-01)
Mitigation Monitoring and Reporting Program Checklist
, Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
AlfQuality '.. ;--;J7. .'••':- "•" ' v :•-',-... : , - . v . •. , '..• . *"'•>' ^- . ' '••'• ;^t '':':"• '. : . : ....••: ' ' "...
AQ-1.
Construction equipment shall be equipped with an engine
designation of EPA Tier 2 or better Tier (Tier 2+). A list of the
construction equipment and the associated EPA Tier shall
be submitted to the City Planning Department prior to
issuance of a grading permit.
AQ-2.
All scraper equipment shall meet the "Blue Sky Series"
equivalent standard. The "Blue Sky Series" designation (40
CFR Part 89) is a voluntary program enacted by the USEPA
requiring participating engine manufactures to produce
cleaner burning engines that are at least 40% better than
the current Tier 2 or 3 mandates. This measure would
require the use of scraper equipment that meets this
standard (or equivalent). These standards are specified
below:
• The maximum CO emissions from Tier 2 equipment is
0.0082 pounds per horsepower-hour (Ib/HP-hr) for
equipment with power ratings between 50 and 1 75
HP, and 0.0057 Ib/HP-hr for equipment with power
ratings over 175 HP. Tier 3 ratings only apply between
50 to 750 HP and are identical to Tier 2 requirements.
Tier 4 requirements (to be phased-in between 2008
and 2015) set a sliding scale on CO limits ranging
from 0.0132 Ib/HP-hr for small engines, to 0.0057
Ib/HP-hr for engines up to 750 HP.
• The maximum NOx and PM10 emissions from Tier 2
equipment are 0.0152 and 0.0003 Ib/HP-hr regardless
of the engine size. Tier 3 emissions were either not
adopted or must meet the Tier 2 requirement. Tier 4
PC
PC
City of
Carlsbad
Planning and
Engineering
Departments
City of
Carlsbad
Planning and
Engineering
Departments
Prior to issuance of a
grading permit
Prior to issuance of a
grading permit
Prior to issuance of a grading permit, a list of the
construction equipment and associated EPA Tier shall be
submitted to the City Planning Department for review.
The approved equipment shall be listed on the grading
plans as construction notes. Grading plans shall list
measures to be implemented as directed by City Staff.
Prior to the issuance of a grading permit, a list of the
scraper equipment and the associated EPA Tier (Blue
Sky Series or equivalent) shall be submitted to the City of
Carlsbad Planning Department for review. The
approved equipment shall be listed on the grading
plans as construction notes. Grading plans shall list
measures to be implemented as directed by City Staff.
Dos Colinas Project
EIR 09-01
MMRP-3 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
standards further reduce this level to 0.0006 Ib/HP-hr
for NO, and 0.00003 Ib/HP-hr for PM for engines over
75 HP.
A list of the scraper equipment and the associated EPA Tier
(Blue Sky Series or equivalent) shall be submitted to the
City Planning Department prior to issuance of a grading
permit.
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Greenhouse Gas Emissions ' .' ''.-•'•>'-. • ';'.' ' •• ; ,,i -• ":'••: „ V''. i-i*^; .':....: -*•-•'. - •-• : •- ' . - • " . i: -• . •'-. • • -'• .' '. ''iM:"'---;; - '•; : ,V '. '• ':
Construction Measures
GHG-1.
Prior to the issuance of a grading permit for any phase of
project development, the proposed project shall
demonstrate that the following greenhouse gas offset
measures have been implemented, or will be
implemented during construction activities.
The Diesel Equipment (Compression Ignition) offset
Strategies (40% to 60% Reduction):
1 . Electricity from power poles shall be used rather than
temporary diesel power generators.
2. Construction equipment operating onsite shall be
equipped with two to four degree engine timing
retard or precombustion chamber engines.
3. Scraper equipment shall meet the "Blue Sky Series"
equivalent standard (reference Mitigation Measure
AQ-2 in Section 5.3-Air Quality.)
4. Other construction equipment used for the project
shall utilize EPA Tier 2 or better engine technology.
Vehicular Trip (Spark Ignition) Offset Strategies (30% to 70%
Reduction):
1 . Transportation Demand Management (TDM)
Measures: Commute alternatives shall be
encouraged by informing construction employees
and customers about transportation options for
PD City of
Carlsbad
Planning and
Engineering
Departments
Prior to issuance of a
grading permit
Prior to issuance of a grading permit for any phase of
project development, the developer shall identify
measures to reduce greenhouse gas emissions as listed
in Mitigation Measure GHG-1 . City of Carlsbad Planning
and Engineering Departments shall provide in writing
the mitigation to be implemented during construction.
Grading plans shall list measures to be implemented as
directed by City Staff.
Dos Colinas Project
EIR 09-01
MMRP-4 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
reaching your location (i.e. post transit
schedules/routes) .
2. Construction vehicles shall be kept well maintained to
prevent leaks and minimize emissions.
Operational Measures
GHG-2.
Prior to the issuance of a building permit for any habitable
structure, the Applicant shall demonstrate compliance
with the following measures. These measures shall be
shown on the building plans for each component of the
project (i.e.. IL and AL buildings, and cottages), to ensure
that the features will be incorporated into the project.
Verification of compliance can be accomplished as part
of City inspection of buildings prior to issuance of
certificate of occupancy.
Onsite Energy Offset Strategies (50% to 70% Reduction):
1 . All new structures shall meet California Code of
Regulations Title 24 part 6: California's Energy
Efficiency Standards.
2. All new structures shall use compact fluorescent lights.
3. Dimmable ballasts to dim lights to take advantage of
daylight shall be installed.
4. A programmable thermostat shall be installed in all
habitable units to control heating and air
conditioning.
5. All major hot water pipes shall be insulated.
6. Refrigeration cold suction lines shall be insulated.
7. Weather stripping shall be used to close air gaps
around doors and windows.
8. Electrical equipment, including all appliances shall be
Energy Star compliant.
9. Ceiling fans shall be installed in the cottages.
10. Transportation Demand Management (TDM)
Measures:
Vanpool/Shuttle service for senior residents:
Type
PD
Monitor
City of
Carlsbad
Planning and
Building
Departments
Schedule
Prior to issuance of a
building permit for any
habitable structure
Compliance Action
Prior to issuance of a building permit for any habitable
structure, the developer shall identify measures to
reduce greenhouse gas emissions as listed below.
Verification of compliance can be accomplished as
part of City inspection of buildings prior to issuance of
certification of occupancy.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-5 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
• Van use/Shuttle service to public transportation
for employees; and
• Carpool promotion and parking spaces
available for employees.
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Noise ; -•'• :; '-•:•:.'• >:i: .'./.-'"- . .' "•-"•'••. : •'? .- r. ' '.' • ' ../ . ""' ••.>'• '•".•X- . • . ~- :••'•:. -.< :",-x ': -'' r \ • •','•••'•' . •'.-:.'•• i;' ';'•''. •••
N-1.
Prior to Grading Permit issuance for Phase 1 and Phase II,
the Applicant shall ensure that:
• All construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers.
«. Construction noise reduction methods such as
shutting off idling equipment, installing temporary
acoustic barriers around stationary construction noise
sources, maximizing the distance between
construction equipment staging areas and occupied
residential areas, and use of electric air compressors
and similar power tools, rather than diesel
equipment, shall be used where feasible.
• During construction, stationary construction
equipment shall be placed such that emitted noise is
directed away from or shielded from sensitive noise
receivers.
• During construction, stockpiling and vehicle staging
areas shall be located as far as practical from noise
sensitive receptors.
• The project shall be in compliance with the City's
Municipal Code such that grading activities are
limited to the hours of 7:00 a.m. to sunset. Monday
through Friday, and between 8:00 a.m. and sunset on
Saturday.
N-2.
The park amphitheater, picnic area, recreation areas for
the IL buildings, and children's play area shall not be used
between the hours of 10:00 p.m. and 7:00 a.m. This
restriction shall be included as a condition to the CCRC
PC
OM
City of
Carlsbad
Planning and
Engineering
Departments
City of
Carlsbad
Planning
Department
Prior to issuance of a
grading permit and during
construction/grading
activities
On-Going
During construction and grading activities, the Planning
and Engineering Departments will verify that the noise
reduction measures provided in Mitigation Measure N-1
are implemented. In addition, the measures shall be
included in the grading plans.
Compliance shall be confirmed by Planning
Department investigation of noise complaints
associated with the use of outdoor recreational areas.
Dos Colinas Project
EIR 09-01
MMRP-6 October 19, 2011
Mitigotion Monitoring ond Reporting Program Exhibit "B"
MitigaHon Measure
facility's conditional use permit.
N-3.
Prior to the issuance of building permits for any building
associated with Phase II. six to ten-foot high noise barriers
shall be constructed to mitigate noise impacts adjacent to
College Boulevard. The noise barrier heights at the CCRC
site are depicted on Figure 6.4-1 4 of the EIR. The noise
barriers may be constructed as a wall, berm, or
combination of both; however, the overall height of the
masonry wall shall not exceed six feet. The noise barriers
must have a surface density of at least 3.5 pounds per
square foot, and have no openings or cracks. The wall
may be constructed of 5/8 inch Plexiglas, any masonry
material, or a combination of these materials.
N-4.
Prior to the issuance of building permits for the
development of Phase II. an interior noise study will be
required for the three independent living buildings and the
assisted living/ Alzheimer's building to ensure that the
interior CNEL would not exceed 45 dB. Any additional
measures identified by the acoustical analysis that are
necessary to achieve an interior standard of 45 dB CNEL
shall be incorporated into the building/architectural plans.
The buildings will require air-conditioning and/or
mechanical ventilation and possibly sound-rated windows
to mitigate the interior noise impact.
N-5.
Prior to finalizing the mechanical equipment plans for the
independent living buildings and the assisted
living/ Alzheimer's building of Phase II, the plans shall be
evaluated to ensure that outdoor mechanical equipment
noise would at a minimum not exceed 60 dB CNEL at the
proposed adjacent cottage residences.
Type
PD
PD
PD
Monitor
City of
Carlsbad
Planning and
Building
Departments
City of
Carlsbad
Planning and
Building
Departments
City of
Carlsbad
Planning and
Building
Departments
Schedule
Prior to issuance of a
grading permit the wall
shall be designated on the
grading plans; Prior to
Issuance of a building
permit for any component
related to the senior
community, the noise
barrier shall be
constructed.
Prior to issuance of a
building permit
Prior to issuance of building
permits for the
independent living
buildings and the assisted
living/Alzheimer's buildings
Compliance Action
Prior to issuance of the first grading permit for Phase II.
the location of the noise barriers shall be identified on
the project plans.
Prior to issuance of a building permit for the noise
barriers, the developer or contractor shall provide
evidence satisfactory to the Planning and Building
Departments that the noise barriers have been
constructed and meet the design requirements of
Mitigation Measure N-3.
Prior to issuance of a building permit, an interior noise
study for the independent living buildings or assisted
living/Alzheimer's building shall be completed and
approved by the Building Department. Mitigation
measures shall be included in the construction drawings.
Developer or contractor shall provide satisfactory
evidence to the Building Department that noise from
outdoor mechanical equipment would not exceed 60
db CNEL at the proposed adjacent cottage residences.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-7 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
N-4.
New residents within the McClellan-Palomar Airport
Overflight Notification Area as defined by the ALUCP shall
be notified as part of the standard Carlsbad Noise
Disclosure that the project area is outside the 60 db(A]
CNEL airport noise impact area, but still subject to
intermittent single-event noise impacts, sight and sound of
aircraft operating from McClellan-Palomar Airport. The
state statute dictates that the following statement shall be
provided:
NOTICE OF AIRPORT IN VICINITY: This property is presently
located in the vicinity of an airport, within what is known as
an airport influence area. For that reason, the property
may be subject to some of the annoyances or
inconveniences associated with proximity to airport
operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from
person to person. You may wish to consider what airport
annoyances, if any, are associated with the property
before you complete your purchase and determine
whether they are acceptable to you.
This measure shall be implemented through inclusion of the
standard Carlsbad Noise Disclosure in the lease for the
residents of the senior community. Prior to issuance of
building permits for Phase II, the City of Carlsbad Planning
Department shall be responsible for verification of
implementation of this measure.
N-7.
Prior to recordation of the final map for Phase II, an
overflight notification document shall be recorded for any
local agency approval or new residential land use
development within the overflight notification area. The
document shall inform property owners that the property is
subject to aircraft overflight, aircraft noise exposure, and
other airport-related impacts. The City of Carlsbad
Type
PD
PD
Monitor
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Department
Schedule
Prior to issuance of building
permits
Prior to recordation of the
final map for Phase II
Compliance Action
Prior to issuance of building permits for Phase II, the
applicant shall submit documentation to the Planning
Department (i.e., lease agreements), which verifies
implementation of this measure.
The City of Carlsbad Planning Department shall be
responsible for verification of implementation of this
measure through the recordation of a Notice ("Noise
Form No. 2").
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-8 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
Planning Department shall be responsible for verification of
implementation of this measure through the recordation of
a Notice ("Noise Form No. 2").
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
BiologicarResources ;•-„•. ••'.'•'.•' ' : " .. . ': ' ' ?;"* •'. . ':>7^ ' • , • • ;.„-.. ' . • • ' -., ' . • •• ".' .'•••• .',•••' • ..
B-l.
Prior to issuance of a grading permit for improvements
proposed for Phase 1 of construction (i.e., grading to
support the new RV storage/garden plot parcel), per the
Carlsbad HMP, the Applicant shall pay in-lieu mitigation
fees as a result of significant direct impacts to 7.0 acres of
extensive agriculture (HMP Habitat Group F) and 0.6 acre
of disturbed habitat (HMP Habitat Group F). The in-lieu
mitigation fees shall be in an amount to be determined
pursuant to the City of Carlsbad Fee Schedule.
6-2.
Prior to issuance of a grading permit for improvements
proposed for Phase 1, construction (grading and building)
and design measures listed below shall be implemented
into the construction documents to avoid and minimize
the likelihood of unanticipated impacts occurring.
• A monitoring biologist shall be onsite during a) the
initial clearing and grubbing of habitat and b) project
construction within 300 feet of sensitive habitat to
ensure compliance with all conservation measures.
The biologist shall be knowledgeable of upland and
wetland biology and ecology. The biologist shall
perform the following duties:
Oversee installation of. and inspect temporary
fencing and erosion control measures approximately
once per week (or as determined necessary by the
biologist and City Project Manager) and daily during
all rain events to ensure that any breaks in the fence
or erosion control measures are repaired immediately.
Monitor the work area weekly (or as determined
necessary by the biologist and City Project Manager)
to ensure that work activities do not generate
PC
PC
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Department
Prior to issuance of a
grading permit
Prior to issuance of a
grading permit
Prior to issuance of a grading permit for Phase 1
construction, the Applicant shall pay in-lieu mitigation
fees as a result of direct impacts to vegetation
communities.
Prior to issuance of a grading permit, the measures listed
in Mitigation Measure B-2 shall be incorporated into the
construction documents to avoid and minimize the
likelihood of unanticipated impacts from occurring.
Dos Colinas Project
EIR 09-01
MMRP-9 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
excessive amounts of dust.
Train all contractors and construction personnel
on the biological resources associated with this
project and ensure that training is implemented by
construction personnel. At a minimum, training should
include: a) the purpose for resource protection; b) the
conservation measures that should be implemented
during project construction, including strictly limiting
activities, vehicles, equipment, and construction
materials to the fenced project footprint to avoid
sensitive resource areas in the field (i.e., avoided
areas delineated on maps or on the project site by
fencing); d) environmentally responsible construction
practices, and e) the protocol to resolve conflicts that
may arise at any time during the construction process.
Halt work, if necessary, and confer with the
Wildlife Agencies to report any violation to the Wildlife
Agencies within 24 hours of discovery of its
occurrence.
• Prior to construction activities, the construction
manager should implement and maintain BMPs
according to the City's HMP and/or according to
Appendix B of the Final MHCP Subarea Plan, Volume
iiit.
• Prior to construction activities, all wetland areas within
50 feet of construction shall be protected by orange
environmental fencing to protect them from
damage (if determined necessary by the biologist
and City Project Manager). Fencing shall be
implemented and maintained by the construction
manager and not interfere with wildlife movement or
flows along the riparian corridors.
Prior to construction activities, the construction
manager shall implement and maintain silt fencing or
other sediment trapping devices in order to prevent
run-off from entering the water systems during
construction activities.
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-10 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
Adequate requirements for dust, drainage, and
erosion control shall be incorporated into project plans
and grading conditions. The erosion control material
used for revegefation purposes shall include a
hydroseed-mix of non-invasive herbaceous species.
consisting of similar species currently on site.
Specifically, the hydroseed-mix shall avoid those
species listed by the California Invasive Plant Inventory
(Cal-IPC) in the California Invasive Plant Inventory
(2007).
• Construction storm water management plans shall be
prepared and followed through the implementation of
a Storm Water Pollution Prevention Plan (SWPPP).
• The Applicant and the contractor shall execute a
construction contract that includes the following
requirements: a) employees shall strictly limit their
activities, vehicles, equipment, and construction
materials to the fenced project footprint: b) the
project site shall be kept as clean of debris as possible
(all food related trash items should be enclosed in
sealed containers and regularly removed from the
site); c) pets of project personnel shall not be allowed
on the project site: d) disposal or temporary
placement of excess fill, brush or other debris should
not be allowed in adjacent waters of the United States
or their banks; and e) all equipment maintenance,
staging, and dispensing of fuel, oil, coolant, or any
other such activities shall occur in designated staging
areas outside of waters of the United States within the
fenced project impact limits. Fueling of equipment
shall take place within existing paved areas greater
than 100 feet from waters of the United States.
Contractor equipment shall be checked for leaks prior
to operation and repaired as necessary.
• All environmental permits and authorizations for work
shall be kept on site and fully reviewed and complied
with by the project superintendent and City
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-11 October 19, 201!
Mitigation Monitoring and Reporting Program
Mitigation Measure
representative.
8-3.
After completion of site grading and associated Phase 1
improvements for the RV storage/garden parcel, areas
temporarily impacted shall be revegetated with
appropriate native species for erosion control purposes.
B-4.
If construction (grading) of Phase 1 would occur during the
migratory bird breeding season (generally defined as
January 15 - September 15), a pre-construction survey for
active migratory bird nests including raptor nests shall be
conducted within approximately forty-eight (48) hours prior
to the start of construction. The results of the survey shall
be submitted to the City and CDFG in the form of a written
report, and should include the following information: a)
date(s) of survey, b) total field time of survey efforts, c)
name(s) of investigator(s), and d) if any active nests were
found. If an active bird nest were found, no "take" of
nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California
Fish and Game Codes §3503 and §3513. Based on similar
projects, if the survey identifies an active nest, a buffer
shall be established between the construction activities
and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary
fencing, and would be in effect throughout construction or
until the nest is no longer active. The buffer shall be a
minimum of 100 feet of a non-listed nesting migratory bird
nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced
buffer size if species sensitivity and localized conditions
(e.g., width and type of screening vegetation between
the nest and the proposed activity, terrain, existing level of
human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced
buffer.
Type
OM
PC
Monitor
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Department
Schedule
Prior to certificate of
occupancy
Prior to issuance of grading
and building permits.
Compliance Action
Prior to certificate of occupancy, the Applicant shall
provide photographs of the areas that were temporarily
impacted where Drevegetation of such areas with
appropriate native species for erosion control has been
completed.
If grading and construction during the general avion
and raptor breeding season can not be avoided, the
on-site project biologist shall provide a written report to
the Carlsbad Planning Department that initial surveys for
active nests were conducted and completed prior to
commencement of construction.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-12 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
B-5.
Pursuant to the HMP, a mitigation ratio of 3:1 shall be
applied to permanent impacts to <0.1 (0.04] acre of
disturbed valley needlegrass grassland and a mitigation
ratio of 1:1 shall be applied to permanent and temporary
impacts to 0.65 acre of Diegan coastal sage scrub.
As a result, 0.13 acre of disturbed valley needlegrass
grassland would be created within Parcel 3 via removal of
0.13 acres of extensive agriculture habitat and
replacement with native grasses with a minor inclusion of
Diegan coastal sage scrub constituents. Project mitigation
for impacts to Diegan coastal sage scrub shall occur via
preservation of 1 .08 acres of existing Diegan coastal sage
scrub within Parcel 3. Parcel 3 will be preserved as open
space in perpetuity.
Prior to the issuance of a grading permit or clearing of any
habitat associated with Phase II, whichever occurs first, the
Developer shall take the following actions to the
satisfaction of the Planning Director in relation to the open
space lot which is being conserved for natural habitat in
conformance with the City's Habitat Management Plan:
a. Select a conservation entity, subject to approval by
the City, that possesses qualifications to manage the
open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other
method acceptable to the City for estimating the
costs of management and monitoring of the open
space lot(s) in perpetuity in accordance with the
requirements of the North County Multiple Habitats
Conservation Plan and the City's Open Space
Management Plan.
c. Based on the results of the PAR, provide a non-
wasting endowment or other financial mechanism
acceptable to the Planning Director and
conservation entity, if any, in an amount sufficient for
management and monitoring of the open space
lot(s) in perpetuity.
Type
PC
Monitor
City of
Carlsbad
Planning
Department
Schedule
Prior to issuance of a
grading permit
Compliance Action
Prior to issuance of a grading permit or clearing of
habitat for Phase II, the Applicant shall comply with the
measures listed in B-5 to mitigate for biological impacts.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-13 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
d. Record a Conservation Easement over the open
space lot(s). The conservation easement shall meet
the minimum standards outlined pursuant to CMC
Section 21.21.050(C) and the HMP.
e. Prepare a Preserve Management Plan which will
ensure adequate management of the open space
lot(s) in perpetuity. The Preserve Management Plan
shall meet the minimum standards outlined pursuant
to CMC Section 21.210.050(0) and the HMP.
B-6.
Prior to issuance of a grading permit for improvements
proposed for Phase II, construction (grading and building)
and design measures listed below shall be implemented
into the construction documents to avoid and minimize
the likelihood of unanticipated impacts occurring.
• A monitoring biologist shall be onsite during a) the
initial clearing and grubbing of habitat and b)
project construction within 300 feet of sensitive
habitat to ensure compliance with all conservation
measures. The biologist shall be knowledgeable of
upland and wetland biology and ecology. The
biologist shall perform the following duties:
Oversee installation of, and inspect temporary
fencing and erosion control measures approximately
once per week (or as determined necessary by the
biologist and City Project Manager] and daily during
all rain events to ensure that any breaks in the fence
or erosion control measures are repaired
immediately.
Monitor the work area weekly (or as determined
necessary by the biologist and City Project Manager)
to ensure that work activities do not generate
excessive amounts of dust.
Train all contractors and construction personnel
on the biological resources associated with this
project and ensure that training is implemented by
construction personnel. At a minimum, training
Type
PC
Monitor
City of
Carlsbad
Planning
Department
Schedule
Prior to issuance of a
grading permit
Compliance Action
Prior to issuance of a grading permit, the measures listed
in Mitigation Measure B-6 shall be implemented into the
construction documents to avoid and minimize the
likelihood of unanticipated impacts from occurring.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-14 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
should include: a) the purpose for resource
protection; b) the conservation measures that should
be implemented during project construction.
including strictly limiting activities, vehicles.
equipment, and construction materials to the fenced
project footprint to avoid sensitive resource areas in
the field (i.e., avoided areas delineated on maps or
on the project site by fencing); d) environmentally
responsible construction practices, and e] the
protocol to resolve conflicts that may arise at any
time during the construction process.
Halt work, if necessary, and confer with the
Wildlife Agencies to report any violation to the Wildlife
Agencies within 24 hours of discovery of its
occurrence.
• Prior to construction activities, the construction
manager shall implement and maintain BMPs
according to the City's HMP and/or according to
Appendix B of the Final MHCP Subarea Plan, Volume
II
• Prior to construction activities, all wetland areas
within 50 feet of construction shall be protected by
orange environmental fencing to protect them from
damage (if determined necessary by the biologist
and City Project Manager). Fencing shall be
implemented and maintained by the construction
manager and not interfere with wildlife movement or
flows along the riparian corridors.
• Prior to construction activities, the construction
manager shall implement and maintain silt fencing or
other sediment trapping devices in order to prevent
run-off from entering the water systems during
construction activities.
Adequate requirements for dust, drainage, and
erosion control shall be incorporated into project
plans and grading conditions. The erosion control
material used for revegetation purposes shall include
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-15 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
a hydroseed-mix of non-invasive herbaceous
species, consisting of similar species currently on site.
Specifically, the hydroseed-mix shall avoid those
species listed by the California Invasive Plant
Inventory (Cal-IPC) in the California Invasive Plant
Inventory (2007).
In addition to the above recommended
hydroseed mix, the lowest detention basin in
elevation, in the southwestern portion of the CCRC
site shall be planted with native container plants as
recommend by the biologist.
Construction storm water management plans shall
be prepared and followed through the
implementation of a Storm Water Pollution Prevention
Plan (SWPPP).
• The project shall incorporate low sodium.
downcast/fully shielded temporary (during
construction activities if required] and permanent
lighting (associated with CCRC site and affordable
site adjacent to the open space) within its lighting
plan.
The Applicant and the contractor shall execute a
construction contract that includes the following
requirements: a) employees shall strictly limit their
activities, vehicles, equipment, and construction
materials to the fenced project footprint; b) the
project site shall be kept as clean of debris as
possible (all food related trash items should be
enclosed in sealed containers and regularly
removed from the site); c) pets of project personnel
shall not be allowed on the project site; d) disposal or
temporary placement of excess fill, brush or other
debris should not be allowed in adjacent waters of
the United States or their banks; and e) all equipment
maintenance, staging, and dispensing of fuel, oil,
coolant, or any other such activities shall occur in
designated staging areas outside of waters of the
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-16 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
United States within the fenced project impact limits.
Fueling of equipment shall take place within existing
paved areas greater than 100 feet from waters of the
United States. Contractor equipment shall be
checked for leaks prior to operation and repaired as
necessary.
• All environmental permits and authorizations for work
shall be kept on site and fully reviewed and
complied with by the project superintendent and
City representative.
B-7.
After completion of site grading and associated Phase II
improvements, all areas temporarily impacted shall be
revegetated with appropriate native species for erosion
control purposes.
B-8.
Prior to issuance of a grading permit for improvements
proposed for Phase II of construction, per the Carlsbad
HMP, the Applicant shall pay in-lieu mitigation fees as a
result of significant direct impacts to 27.3 acres of
extensive agriculture (HMP Habitat Group F), 0.2 acre of
eucalyptus woodland, and 1.1 acres of disturbed habitat
(HMP Habitat Group F). The in-lieu mitigation fees shall be
in an amount to be determined pursuant to the City of
Carlsbad Fee Schedule.
B-y.
Prior to issuance of a grading permit for Phase II, the
alignment of the storm drain shall be finalized. If the storm
drain cannot be located within the existing road at
Rancho Carlsbad, and construction of the storm drain is
under the Proposed or Alternative 1 Stormdrain alignment.
the construction of the storm drain will require the
approval of a streambed alteration agreement with the
CDFG, pursuant to section 1 602 of the California Fish and
Game Code. If Alternative 2 Stormdrain Alignment, as
detailed in the above section, is selected for
implementation, this mitigation is not applicable and shall
Type
OM
PC
PC
Monitor
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Schedule
Prior to certificate of
occupancy
Prior to issuance of a
grading permit for Phase II.
Prior to the issuance of a
grading permit
Compliance Action
Prior to certificate of occupancy, the Applicant shall
provide photographs of the areas that were temporarily
impacted where revegetation of such areas with
appropriate native species for erosion control has been
completed.
Prior to issuance of a grading permit, the Applicant shall
pay mitigation fees as a result of direct impacts to
vegetation communities.
If applicable, prior to the issuance of a grading permit.
the developer shall provide the Planning Department
with a copy of the streambed alteration agreement with
the CDFG.
Verification of
Compliance
Initial 1 Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-17 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
be signed off.
B-10.
If construction (grading) of Phase II would occur during the
migratory bird breeding season (generally defined as
January 15 -September 15). a pre-construction survey for
active migratory bird nests including raptor nests shall be
conducted within approximately forty-eight (48) hours prior
to the start of construction. The results of the survey shall
be submitted to the City and CDFG in the form of a written
report, and should include the following information: a)
date(s) of survey, b) total field time of survey efforts, c)
name(s) of investigator(s), and d) if any active nests were
found. If an active bird nest were found, no "take" of
nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California
Fish and Game Codes §3503 and §3513. Based on similar
projects, if the survey identifies an active nest, a buffer
shall be established between the construction activities
and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary
fencing, and would be in effect throughout construction or
until the nest is no longer active. The buffer shall be a
minimum of 100 feet of a non-listed nesting migratory bird
nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced
buffer size if species sensitivity and localized conditions
(e.g., width and type of screening vegetation between
the nest and the proposed activity, terrain, existing level of
human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced
buffer.
B-11.
After the issuance of a grading permit, construction
(grading) for Phase II adjacent to the occupied habitat.
shall occur outside of the least Bell's vireo and Cooper's
hawk breeding season (generally defined as January 1 5 -
September 1 5). If avoidance of the nesting bird season is
Type
' PC
PC
Monitor
City of
Carlsbad
Planning
Department
City of
Carlsbad
Planning
Department
Schedule
Prior to issuance of grading
and building permits.
Prior to issuance of grading
and building permits.
Compliance Action
If grading and construction during the general avion
and raptor breeding season can not be avoided, the
on-site project biologist shall provide a written report to
the Carlsbad Planning Department that initial surveys for
active nests were conducted and completed prior to
commencement of construction.
If grading and construction during the least Bell's vireo
and Cooper's hawk breeding season can not be
avoided, the on-site project biologist shall provide a
written report to the Carlsbad Planning Department that
initial surveys for active nests were conducted and
completed prior to commencement of construction.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-18 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
not feasible, vegetation removal and construction
activities may occur during the restricted work period if the
project biologist conducts a focused survey for active
nests within forty-eight (48) hours prior to work in the area.
The results of the survey shall be submitted to the City and
Wildlife Agencies via fax and/or email. If the survey
identifies an active nest, a buffer shall be established
between the construction activities and the active nest so
that nesting activities are not interrupted. The buffer shall
be delineated by temporary fencing, and shall be in
effect throughout construction or until the nest is no longer
active. The buffer shall be a minimum of 300 feet around
a Cooper's hawk nest and 500 feet around active least
Bell's vireo nest. The Applicant may consult with the
Wildlife Agencies to discuss a reduced buffer size if species
sensitivity and localized conditions (e.g., width and type of
screening vegetation between the nest and the proposed
activity, terrain, existing level of human activity within the
buffer and in the surrounding area, and existing ambient
level) warrant a reduced buffer.
B-12.
If an active vireo nest is located, construction noise levels
at the project edge closest to the occupied habitat shall
be kept below ambient noise levels or 60 dBA (if ambient
less than 60 dBA) from 5 a.m. to 1 1 a.m. during the peak
nesting period of March 15 to July 15. For the balance of
the day/season, the noise levels shall not exceed 60
decibels, averaged over a one-hour period on an A-
weighted decibel. Noise levels shall be monitored and
monitoring reports shall be provided to the City and
Wildlife Agencies via fax and/or email. Noise levels in
excess of this threshold shall require written concurrence
from the Wildlife Agencies and may require additional
minimization/mitigation measures.
Type
PC
Monitor
City of
Carlsbad
Planning
Department
Schedule
Prior to issuance of grading
and building permits.
Compliance Action
If grading and construction during the least Bell's vireo
breeding season cannot be avoided, and if LBV are
present, the on-site project biologist shall monitor noise
levels and provide a written report(s) to the Carlsbad
Planning Department that noise levels are below
ambient noise levels or 60 dBA.
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-19 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
B-13.
Prior to issuance of a building permit, permanent fencing
(i.e., lodge pole with vinyl chain link screening the open
areas between horizontal beams to prevent domestic
animal intrusion) shall be installed along the southern
border of the property (i.e. property line adjacent to APN
209-060-71 , southern extent of south cluster of cottages
and upland open space parcel).
Type
PD
Monitor
City of
Carlsbad
Building
Department
Schedule
Prior to issuance of building
permit.
Compliance Action
Prior to the issuance of a grading permit, the measures
provided in Mitigation Measure B-13 shall be
incorporated into the project design plans and
implemented during construction of the proposed
project to ensure that indirect impacts due to increased
lighting, non-native species introduction, and intrusion
into adjacent habitats do not rise to a level of
significance.
Verification of
Compliance
Initial Date
Remarks
Cultural Resources . , .••:.- ' ^ '.'•,• ' •:':-\,.:V , :: '" - ' ' .-• ••' .•'.'•.- :•'•• • -V- .'••* .:V:^W^- :-->. -^ Ov • •• ' ' '''."' ;''l. ^.'.v,'- "':.\' :i'
CR-1.
Prior to the issuance of a grading permit, any
development for the CCRC site (including the RV storage
and garden area) under the refined alternative will require
the implementation of an Archaeological Monitoring
Program as a mitigation measure. This program will
provide the means to ensure that any historic or prehistoric
resources that may be encountered during grading of the
project are identified, evaluated, and subjected to
mitigation measures, if necessary. The monitoring program
will be directed by an individual approved by the City and
who meets the minimum qualifications for Principal
Investigator listed in 36 CFR 61 under the Secretary of the
Interior's Standards and Guidelines for Archaeology and
Historic Preservation. The archaeologist will be qualified in
site identification, significance evaluation of
archaeological deposits, consultation with regulatory
agencies, and to plan site evaluation and mitigation
activities. The qualified archaeologist must implement the
grading monitoring program to mitigate potential impacts
to undiscovered buried archaeological resources to the
satisfaction of the City of Carlsbad. The on-site monitors
shall be experienced archaeologists operating under the
direction of the Principal Investigator. The basis for this
requirement is that any construction within the APE may
include areas where potentially important buried cultural
deposits could be discovered. In order to identify any
significant and previously undocumented cultural
PD City of
Carlsbad
Planning
Department
Prior to the issuance of a
grading permit
Prior to issuance of a grading permit, the developer and
contractor shall both provide a statement agreeing to
comply in full with Mitigation Measures CR-1 , A. through
P., during development of the project. Evidence of a
contract with a qualified archaeologist to carry out an
Archaeological Monitoring Program shall be provided to
the Planning Department.
Dos Colinas Project
El R 09-01
MMRP-20 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
deposits, the monitoring program will require the presence
of an archaeological monitor, as well as a Luiseno Native
American monitor, during all grading and excavation
associated with the CCRC site and the RV storage and
garden site. This program shall include, but shall not be
limited to, the following actions:
CR-1.
A. Prior to project commencement, the qualified
Principal Investigator and Native American monitor
shall attend the pre-grading meeting with the
contractors to explain and coordinate the
requirements of the monitoring program.
B. During the cutting or excavation of previously
undisturbed deposits, archaeological monitor(s) and
Native American Observers shall be on site full-time
to perform inspections of the excavations. The
number of monitors will depend on the rate of
excavation, the number of areas being graded at
any one time, the materials excavated, and the
presence and abundance of artifacts and features.
C. In the event that previously unidentified and
potentially significant cultural resources are
discovered, the monitoring archaeologist shall have
the authority to divert or temporarily halt ground
disturbance operations in the area of discovery to
allow evaluation of potentially significant cultural
resources. The Principal Investigator shall contact the
City of Carlsbad representative at the time of
discovery. The Principal Investigator, in consultation
with City staff, shall determine the significance of the
discovered resources. For any significant cultural
resources discovered during monitoring of grading.
further mitigation measures (data recovery) will be
necessary to complete the impact mitigation. A
detailed description of the additional mitigation
measures will be prepared by the consulting
archaeologist and approved by the City, prior to
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-21 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
implementation. Isolates and clearly non-significant
deposits will be minimally documented in the field
and the monitored grading can proceed.
D. If any Native American bun'als, human skeletal or
other remains including associated grave goods are
discovered, the Principal Investigator shall contact
the County Coroner and the City representative for
the project immediately. In the event that the
remains are determined to be of Native American
origin, the Most Likely Descendant (MLD, as identified
by the Native American Heritage Commission, shall
be contacted in order to determine proper
treatment and disposition of the remains.
E. All cultural material collected during the grading
monitoring program shall be processed and curated
according to current professional repository
standards. The collections and associated records
shall be transferred, including title, to an appropriate
curation facility within San Diego County, to be
accompanied by payment of the fees necessary for
permanent curation. If the Native American
representatives request that artifacts be repatriated
to the local Native American community, this shall be
conducted as directed by the City.
F. Complete and submit to the satisfaction of the City,
a final monitoring report for the project that
documents the results, analysis, and conclusions of all
phases of the Archaeological Monitoring Program.
However, in the event that no cultural resources are
discovered, a brief letter to that effect shall be sent
to the City by the Principal Investigator that the
grading monitoring activities have been completed.
Regardless, the report shall include any updated
Archaeological Site forms, which must also be
submitted to the South Coastal Information Center.
CR-2.
Prior to commencement of grading of the CCRC site
Type
PC
Monitor
City of
Carlsbad
Schedule
Prior to issuance of grading
permit.
Compliance Action
Prior to the issuance of grading permit, the developer
shall enter into an agreement with a representative of
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-22 October 19, 2011
Mitigotion Monitoring ond Reporting Progrom
Mitigation Measure
(including the RV storage and garden area), the
developer shall enter into a pre-excavation agreement
with a representative of the San Luis Rey Band of Mission
Indians. The purpose of the agreement will be to formalize
monitoring requirements and procedures for the treatment
of Native American human remains, burial, ceremonial or
cultural sites that may be uncovered during any ground
disturbance activity.
Type Monitor
Planning
Department
Schedule Compliance Action
the San Luis Rey Band of Mission Indians.
Verification of
Compliance
Initial Date
Remarks
Geology andSoils :'';;-'."' ••;/: ."-,'•"; '''"•;:'':,''' : : :'"•'• .'.....•.•".."' :; : ' '..^h •?:£'"'. Hi. , *' .: ^•' . •:"-.'• '-«*>• ;" ' •" ' '• :v -V. ':'•':..'''• : • : ^ :;:: .•".--•
GS-1.
Prior to approval of final grading plans for either the CCRC
site or RV storage/garden area, the City shall verify that all
recommendations contained in the Updated
Geotechnical Investigation Dos Co/inas Residential
Development and the Geotechnical Investigation Dos
Colinas Affordable Housing Site (Southern California Soil &
Testing, 2009) have been incorporated into all final
grading plans. The City's soil engineer and engineering
geologist shall review grading plans prior to finalization, to
verify plan compliance with the recommendations of the
report. All future grading and construction of the project
site shall comply with the geotechnical recommendations
contained in the geotechnical reports. These reports
identify specific measures for mitigating geotechnical
conditions on the project site, and addresses grading,
slope stability, foundations, concrete slabs-on-grade, and
earth retaining walls.
PD&PC Carlsbad
Engineering
Department
Prior to issuance of grading
permit.
Prior to the issuance of grading permit, the City's soil
engineer and engineering geologist shall review grading
plans prior to finalization, to verify plan compliance with
the recommendations of the report.
Paleontologfcdl Resources •'•'••'•'•' -^ ''.'••' •'.•••'."• :'::'"?' "(•••'"' =''•'"" ";¥••'. '• " .-•.'••••-.•••••.-••• '.••• •. ' •. '• • -v' .- •."•'
PR-1.
Prior to project site grading for all phases of development
for the CCRC site or RV/Storage Garden area, a qualified
paleontologist shall be retained to carry out an
appropriate mitigation program. A qualified
paleontologist is defined as an individual with an M.S. or
Ph.D. in paleontology or geology who is familiar with
paleontology procedures and techniques.
The qualified paleontologist shall be present at the
PD City of
Carlsbad
Engineering
Department
Prior to issuance of grading
permits
Prior to issuance of a grading permit, the developer and
contractor shall both provide a statement agreeing to
comply in full with Mitigation Measure PR-1 during
development of the project. Evidence of a contract
with a qualified paleontologist to carry out the
mitigation program shall be provided to the Engineering
Department.
Dos Colinas Project
EIR 09-01
MMRP-23 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
pre-construction meeting to consult with grading and
excavation contractors concerning excavation
schedules, paleontological field techniques, and
safety issues.
• A paleontological monitor shall be onsite on a full-
time basis during the original cutting of previously
undisturbed deposits of high paleontological
resource potential (Pleistocene Terrace Deposits and
Santiago Formation) to inspect exposures for
contained fossils. A paleontological monitor is
defined as an individual who has experience in the
collection and salvage of fossil materials. The
paleontological monitor should work under the
direction of a qualified paleontologist.
• When fossils are discovered the paleontologist (or
paleontological monitor) shall recover them. In most
cases, this fossil salvage can be completed in a short
period of time.
However, some fossil specimens (such as a complete large
mammal skeleton) may require an extended salvage
period. In these instances, the paleontologist (or
paleontological monitor) shall be allowed to temporarily
direct, divert, or halt grading to allow recovery of fossil
remains in a timely manner. Because of the potential for
the recovery of small fossil remains, such as isolated
mammal teeth, it may be necessary in certain instances.
to set up a screen-washing operation on the site.
• Fossil remains collected during the monitoring and
salvage portion of the paleontological mitigation
program shall be cleaned, repaired, sorted, and
cataloged.
Prepared fossils, along with copies of all pertinent
field notes, photos, and maps, shall be deposited (as
a donation) in a scientific institution with permanent
paleontoloqical collections such as the San Dieqo
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Dos Colinas Project
EIR 09-01
MMRP-24 October 19, 2011
Mitigation Monitoring and Reporting Program
Mitigation Measure
Natural History Museum. Donation of the fossils shall
be accompanied by financial support for initial
specimen storage.
A final paleontological monitoring and recovery (if
applicable) 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.
Type Monitor Schedule Compliance Action
Verification of
Compliance
Initial Date
Remarks
Hydrology/Water Quality •:.'• ',. '• :-K-/:'': i& ^-'^' ^. •* . ..-v'' '. , '-.-^... : - X- ,.. '. '•--'-'. "- " ''• , 0: •--•••• v. „•• • .;''
WQ-1.
Prior to issuance of a grading permit for any phase of the
development, the applicant shall prepare and submit for
review and approval of the Carlsbad City Engineer, a
Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through
compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), General Construction
Stormwater Permit (Order No. 2009-0009-DWR, NPDES
CAS000002), and the General Municipal Stormwater Permit
(Order No. R9-2007-000 1 , NPDES CAS0108758). The
applicant shall be responsible for monitoring and
maintaining the BMP erosion control measures identified
below on a weekly basis in accordance with the City's
grading and erosion control requirements (Municipal
Code Section 15.16. et seq.). The locations of all erosion
control devices shall be noted on the SWPPP Site Map.
BMPs that shall be installed include, but are not limited to.
the following:
Silt fence, fiber rolls, or gravel bag berms;
Check dams;
Street sweeping and vacuuming;
Storm drain inlet protection;
Stabilized construction entrance/exit;
Hydroseed. soil binders, or straw mulch;
Containment of material delivery and storage areas;
Stockpile management-
PD&PC City of
Carlsbad
Engineering
Department
Prior to issuance of a
grading permit
Prior to issuance of a grading permit, the developer shall
prepare and submit for review and approval of the
Carlsbad City Engineer, a SWPPP to control pollutants in
compliance with the City's SUSMP, General Construction
Stormwater Permit, and the General Municipal
Stormwater Permit. The developer shall be responsible
for monitoring and maintaining all project BMP erosion
control measures on a weekly basis.
Dos Colinas Project
EIR 09-01
MMRP-25 October 19, 2011
Mitigation Monitoring and Reporting Program Exhibit "B"
Mitigation Measure
• Spill prevention and control;
• Waste management tor solid, liquid, hazardous, and
sanitary waste-contaminated soil; and,
• Concrete waste management.
WQ-2.
Prior to the issuance of a grading permit for any phase of
development, the applicant shall prepare a Final
Hydromodification Plan in accordance with the Final
Hydromodification Management Plan for the phase of
grading being permitted. The final plan shall show how the
project complies with the applicable hydromodification
provisions of Order R9-2007-0001 and is designed so that
post-project runoff flow rates and directions do not
exceed pre-project runoff flow rates and duration for
applicable design storms.
WQ-3.
Prior to the issuance of grading permits or other approvals
for any public or private right-of-way improvements or site
development plans, the developer shall prepare and
submit for review and approval of the Carlsbad City
Engineer, improvement plans that demonstrate that
pollutants will be controlled through compliance with the
City of Carlsbad SUSMP and Stormwater Management
Program (SWMP|. Approval of such plans shall be subject
to a determination by the Carlsbad City Engineer that the
proposed project has incorporated the post-development
water quality pollution control site design BMPs, source
control BMPs. and structural treatment control BMPs into
the project design to the maximum extent practicable.
Type
PD&PC
PD&PC
Monitor
City of
Carlsbad
Engineering
Department
City of
Carlsbad
Engineering
Department
Schedule
Prior to issuance of a
grading permit
Prior to issuance of a
grading permit
Compliance Action
Prior to issuance of a grading permit for any phase of
the development, the applicant shall prepare and
submit for review and approval of the City of Carlsbad
Engineer, a Final Hydromodification Plan in accordance
with the Final Hydromodification Management Plan.
Prior to issuance of permits or approvals for any public or
private right-of-way improvements or site development
plans, the developer shall prepare and submit for review
and approval of the City of Carlsbad City Engineer,
improvement plans that demonstrate pollutants will be
controlled through compliance with the City of
Carlsbad SUSMP and SWMP.
Verification of
Compliance
Initial Date
Remarks
Source: ERG Consulting, Inc., 2011.
Dos Colinas Project
EIR 09-01
MMRP-26 October 19, 2011