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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 14 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 24 noticed public hearing as prescribed by law to consider said request; and 25 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. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 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; 22 ~~ . 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. 19 20 21 22 23 24 25 26 27 28 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 3 vote, to wit: 4 - AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 12 STEPHE^jaBr" L'HEUREUX, Chairperson j 3 CARLSBAD PLANNING COMMISSION 14 „ATTEST: 15 16 17 DON NEU 18 Planning Director 19 20 21 22 23 24 25 26 27 28 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: Dos Colinas Final EIR 11 EIR 09-01 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 EIR 09-01 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. Dos Colinas Final EIR 13 EIR 09-01 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 EIR 09-01 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. Dos Colinas Final EIR 15 EIR 09-01 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. Dos Colinas Final EIR 16 EIR 09-01 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 EIR 09-01 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 Dos Colinas Final EIR 18 EIR 09-01 CEQA Findings Exhibit "A" October! 9, 2011 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 EIR 09-01 CEQA Findings Exhibit "A" 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 Dos Colinas Final EIR 20 EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 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 Dos Colinas Final EIR 21 EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 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 Dos Colinas Final EIR 22 EIR 09-01 CEQA Findings ' Exhibit "A" October 19, 2011 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