HomeMy WebLinkAbout2012-12-05; Planning Commission; Resolution 6931
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION FOR
THE 2005-2010 HOUSING ELEMENT FOR THE PURPOSE OF
EFFECTUATING PROGRAM 2.1 OF THE HOUSING
ELEMENT BY AMENDING THE GENERAL PLAN, ZONING ORDINANCE AND LOCAL COASTAL PROGRAM TO CHANGE LAND USE DESIGNATIONS AND ZONING ON
VARIOUS PROPERTIES THROUGHOUT THE BARRIO,
WHICH IS GENERALLY LOCATED NORTH OF TAMARACK
AVE., SOUTH OF OAK AVE., EAST OF THE RAILROAD AND WEST OF INTERSTATE-5. CASE NAME: HOUSING ELEMENT PROGRAM 2.1 –
BARRIO
CASE NO.: GPA 12-03/ZC 12-02 & GPA 12-04/ZC 12-03/
ZCA 12-02/LCPA 12-03 WHEREAS, on December 22, 2009, the City Council adopted Resolution 2009-
322, which adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program ("Mitigated Negative Declaration") and approved the 2005-2010 Housing Element
(GPA 03-02); and
WHEREAS, shortly after adoption of Resolution 2009-322, a lawsuit was filed
challenging the adequacy of the Mitigated Negative Declaration and the validity of the 2005-
2010 Housing Element; and
WHEREAS, on May 18, 2011, the Superior Court entered a judgment which
found that the 2005-2010 Housing Element Mitigated Negative Declaration complied with the
requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, Program 2.1 of the 2005-2010 Housing Element identifies parcels
throughout the Barrio that, with an amendment to the General Plan to increase allowed
residential densities, can accommodate a portion of the city’s 2005-2010 Regional Housing
Needs Assessment (RHNA); and
PLANNING COMMISSION RESOLUTION NO. 6931
PC RESO NO. 6931 -2-
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WHEREAS, to implement Program 2.1, the City Planner has filed a verified
application for a General Plan Amendment, Zone Change, Zoning Ordinance Amendment and
Local Coastal Program Amendment to amend the land use designations and zoning on various
properties throughout the Barrio, which is generally located north of Tamarack Ave., south of
Oak Ave., east of the railroad and west of Interstate-5 in Carlsbad, California; and
WHEREAS, to reflect the input received during the Envision Carlsbad
community outreach process, the proposed amendments differ in comparison to Program 2.1 and
result in the potential for 165 more dwelling units than the amendments specified in Program 2.1;
and
WHEREAS, in compliance with the California Environmental Quality Act
("CEQA"), the proposed amendments and 2005-2010 Housing Element Mitigated Negative
Declaration were evaluated, based on the conditions described in Section 15162 of the CEQA
Guidelines, to determine if the preparation of a subsequent negative declaration was required for
HOUSING ELEMENT PROGRAM 2.1 – BARRIO – GPA 12-03/ZC 12-02 & GPA 12-04/ZC
12-03/ZCA 12-02/LCPA 12-03; and
WHEREAS, the proposed amendments constitute a change to the project on
which the 2005-2010 Housing Element Mitigated Negative Declaration and, pursuant to CEQA
Guidelines Section 15164, an Addendum to the 2005-2010 Housing Element Mitigated Negative
Declaration was prepared; and
WHEREAS, said Addendum, dated December 5, 2012, is attached hereto as
Exhibit "A," and includes as attachments the 2005-2010 Housing Element Mitigated Negative
Declaration; and
WHEREAS, the Planning Commission did, on December 5, 2012, hold a duly
noticed public hearing as prescribed by law to consider the Addendum; and
PC RESO NO. 6931 -3-
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Addendum, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the Addendum to the 2005-2010 Housing Element Mitigated
Negative Declaration, based on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Addendum to the 2005-2010 Housing Element Mitigated Negative Declaration any comments thereon prior to
RECOMMENDING APPROVAL of Housing Element Program 2.1 – Barrio – GPA
12-03/ZC 12-02 and GPA 12-04/ZC 12-03/ZCA 12-02/LCPA 12-03, and said
recommendation reflects the independent judgment of the Planning Commission of the City of Carlsbad; and
b. the Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and c. that RECOMMENDING APPROVAL of an Addendum to the 2005-2010 Housing
Element Mitigated Negative Declaration is appropriate because, although the
proposed land use changes differ slightly and could result in 165 more dwelling units
than what is specified by Program 2.1 of the 2005-2010 Housing Element, the
differences and additional number of units are not substantial (fewer than 10% additional units compared to the 1,760 units possible pursuant to Housing Element
Program 2.1); and none of the conditions described in Section 15162 of the CEQA
Guidelines calling for preparation of a subsequent negative declaration have occurred,
specifically:
i. The proposed amendments will not result in any significant new environmental
effects or any substantial increase in the severity of a previously identified
significant effect. The analysis and mitigation contained in the 2005-2010
Exhibit “A”
December 5, 2012
1
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION (SCH # 2006051076)
FOR THE CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT
A. Introduction
On December 22, 2009, the City Council of the City of Carlsbad (City) adopted Resolution No.
2009-322, which adopted a Mitigated Negative Declaration and approved the 2005-2010 Housing
Element. Shortly thereafter, a lawsuit was filed challenging the adequacy of the Mitigated Negative
Declaration and the validity of the 2005-2010 Housing Element (Housing Element). On May 18,
2011, the Superior Court entered a judgment which found that the Mitigated Negative Declaration
complied with the requirements of the California Environmental Quality Act (CEQA).
Housing Element Program 2.1, which was part of the project evaluated in the Mitigated Negative
Declaration, identifies amendments to General Plan land use designations to increase allowed
residential densities on various parcels throughout the Barrio, which is an existing developed (infill)
residential neighborhood generally located north of Tamarack Ave., south of Oak Ave., east of the
railroad and west of Interstate 5. Program 2.1 identifies increased density in the Barrio in order to
provide sites that can accommodate a portion of Carlsbad’s 2005-2010 Regional Housing Needs
Assessment (RHNA) for housing affordable to lower and moderate income households. Program 2.1
identifies each parcel in the Barrio and what residential density is to be allowed on each parcel.
The city is now effectuating the density increases pursuant to Program 2.1 by amending the land use
designations and zoning on parcels throughout the Barrio (Housing Element Program 2.1 – Barrio
(GPA 12-03/ZC12-02 and GPA 12-04/ZC 12-03/ZCA 12-02/LCPA 12-03)).
B. Background
Between 2004 and 2009, the city engaged in an extensive, multi-year public process to update the
Housing Element of the Carlsbad General Plan in compliance with state law. The result of this
process was embodied in the 2005-2010 Housing Element, which provided the goals, policies and
programs that will enable the city to accommodate its share of the region's need for low and
moderate income housing.
In compliance with CEQA, the city prepared a project description/initial study to determine whether
the 2005-2010 Housing Element may result in any significant impacts on the environment. The
initial study found the 2005-2010 Housing Element would facilitate the construction of housing that
may have significant impacts on a number of environmental resources unless mitigation was
required. The initial study thus recommended mitigation measures to reduce or avoid the potential
significant impacts and incorporated those measures into a Mitigation Monitoring and Reporting
Program (MMRP). Because there were no unmitigated significant impacts, the city prepared a
Mitigated Negative Declaration as the environmental document required by CEQA.
On February 12, 2009, the Housing Commission adopted Resolution No. 2009-001, which
recommended approval of the 2005-2010 Housing Element. On November 18, 2009, the Planning
Commission adopted Resolution No. 6547, which recommended adoption of the Mitigated Negative
Declaration and the MMRP, and Resolution No. 6548, which recommended approval of the 2005-
2010 Housing Element. On December 22, 2009, the City Council adopted Resolution No. 2009-322,
which adopted and approved the findings and recommendations of the Housing Commission and the
Exhibit “A”
December 5, 2012
2
Planning Commission, adopted the Mitigated Negative Declaration, and approved the 2005-2010
Housing Element.
Pursuant to Government Code section 65585(h), the California Department of Housing and
Community Development (HCD) reviewed the 2005-2010 Housing Element to determine whether it
addressed the statutory requirements of housing element law. On March 30, 2010, HCD notified the
city that the 2005-2010 Housing Element was in full compliance with housing element law.
On January 22, 2010, a lawsuit entitled Friends of Aviara v. City of Carlsbad was filed in the San
Diego Superior Court as Case No. 37-2010-00050553 (lawsuit), challenging the adequacy of the
Mitigated Negative Declaration and the validity of the 2005-2010 Housing Element. On March 28,
2011, the Superior Court issued an order finding that the Mitigated Negative Declaration complied
with the requirements of CEQA.
C. Minor Changes to Barrio Portion of Program 2.1 of the 2005-2010 Housing Element
The city has prepared this Addendum to describe minor changes proposed to the Barrio portion of
Program 2.1 of the 2005-2010 Housing Element on which the Mitigated Negative Declaration is
based. Housing Element Program 2.1 – Barrio (GPA 12-03/ZC 12-02 and GPA 12-04/ZC 12-
03/ZCA 12-02/LCPA 12-03) proposes to effectuate the residential density increases identified for the
Barrio area by Program 2.1 in order to accommodate a portion of Carlsbad’s share of the 2005-2010
RHNA. The proposed amendments achieve the RHNA objectives of Program 2.1 relative to the
Barrio; however, in order to reflect the input received during the Envision Carlsbad community
outreach process, the proposed amendments differ from what is specified in Program 2.1. There are
minor differences in the proposed residential densities from parcel to parcel in comparison to
Program 2.1; the proposed amendments do not include designating parcels for “mixed-use” as
specified in Program 2.1; and the proposed amendments result in the potential for 165 more dwelling
units than Program 2.1.
There are 1,164 existing dwelling units in the Barrio and Program 2.1 specifies land use designation
changes that result in a potential net increase of 596 dwelling units (i.e. a potential for 1,760 total
dwellings). Although the proposed amendments differ slightly and could result in 165 more units
than what is specified by Program 2.1, the differences and additional number of units are not
substantial (fewer than 10% additional units compared to the 1,760 units possible pursuant to
Program 2.1); and said differences will not increase the severity of previously identified significant
effects. In addition, no new information of substantial importance shows that the project will have
significant effects not discussed in the 2005-1010 Housing Element Mitigated Negative Declaration.
The number of dwelling units that may result from the proposed amendments is within the city’s
Growth Management dwelling unit limitations. All mitigation measures identified in the 2005-2010
Housing Element MND remain sufficient and are applicable to the proposed amendments.
The Deputy Director of the City of Carlsbad Transportation Department has reviewed the proposed
amendments and determined they will not result in a significant impact to transportation/traffic. The
additional 165 potential dwelling units that may result from the proposed amendments, as compared
to Program 2.1, could generate approximately 100 peak hour trips, which would be dispersed over
the 10 ingress/egress points that provide access to the Barrio. The area has a very connective grid
roadway network that allows all trips (pedestrian, bicyclists, and motorists) to be spread throughout
Exhibit “A”
December 5, 2012
3
the community. Most of the access points are signalized and have sufficient capacity to
accommodate existing and future growth.
The Barrio is also within walkable proximity to the Coaster train station, jobs, retail, services,
schools and parks. Frequent transit bus service is also provided in close proximity. This area is a
“smart growth” area for the City of Carlsbad and San Diego Association of Governments
(SANDAG); both organizations are investing funds to promote and encourage alternative
transportation choices in the area. The proposed density increase further supports the ability to create
a smart growth and transit oriented development area.
D. CEQA Guidelines Provision for Addendum.
CEQA Guidelines section 15164(b) provides that an addendum to an adopted negative declaration
may be prepared if none of the conditions described in CEQA Guidelines section 15162 calling for
preparation of a subsequent EIR or negative declaration has occurred.
CEQA Guidelines section 15162 provides that, when a negative declaration has been adopted for a
project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead
agency determines that:
1. Substantial changes are proposed in the project which will require major revisions of
the previous negative declaration due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified effects;
2. Substantial changes have occurred with respect to the surrounding circumstances
which will require major revisions of the previous negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously identified
effects;
3. New information of substantial importance, which was not and could not have been
known at the time the previous negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous
negative declaration;
b. Significant effects previously examined will be substantially more severe than shown
in the previous mitigated negative declaration;
c. Mitigation measures or alternatives previously found infeasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project but the project
proponent declines to adopt them;
d. Mitigation measures or alternatives which are considerably different from those
analyzed in the previous mitigated negative declaration would substantially reduce one or more
significant effects of the project but the project proponent declines to adopt them.
The city has considered whether any of the events described in Section C above would satisfy the
requirements for preparation of a subsequent mitigated negative declaration pursuant to CEQA
Exhibit “A”
December 5, 2012
4
Guidelines Section 15162. The proposed amendments do not constitute a substantial change in the
proposed project or in the circumstances under which the project is undertaken; and no new
information of substantial importance is known. The proposed amendments do not make any
substantial change in the nature or scope of the 2005-2010 Housing Element or in the analysis of
environmental effects contained in the adopted Mitigated Negative Declaration.
E. Conclusion.
Pursuant to CEQA Guidelines section 15164(b), the city has prepared this Addendum to the
previously approved 2005-2010 Housing Element Mitigated Negative Declaration to serve as the
environmental review required by CEQA for the proposed amendments. The Addendum complies
with the requirements of CEQA because:
1. The Superior Court ruled that the previously adopted 2005-2010 Housing Element
Mitigated Negative Declaration complied with CEQA; and
2. Although the amendments proposed by Housing Element Program 2.1 – Barrio (GPA
12-03/ZC 12-02 and GPA 12-04/ZC 12-03/ZCA 12-02/LCPA 12-03) constitute a change to Program
2.1 of the 2005-2010 Housing Element, the changes are not substantial and none of the conditions
described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR or
negative declaration have occurred.
Accordingly, this Addendum and the previously adopted Mitigated Negative Declaration comply
with the requirements of CEQA for environmental review of the proposed amendments. A copy of
the previously adopted Mitigated Negative Declaration is attached.
Pursuant to CEQA Guidelines Section 15164(c), this Addendum need not be circulated for public
review but can be included in or attached to the adopted Mitigated Negative Declaration. The City
Council will consider the Addendum prior to making a decision on Housing Element Program 2.1 –
Barrio (GPA 12-03/ZC 12-02 and GPA 12-04/ZC 12-03/LCPA 12-03).
Attachments:
1. Mitigated Negative Declaration and Project Description & Initial Study for City of Carlsbad
2005-2010 Housing Element (General Plan Amendment 03-02)
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follows:
EXHIBIT 1
RESOLUTION NO. 2009-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND APPROVING A GENERAL
PLAN AMENDMENT TO ADOPT THE UPDATE OF THE
HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE
AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE
AND WHICH AFFECTS PROPERTIES THROUGHOUT THE
CITY.
CASE NAME: 2005-2010 HOUSING ELEMENT
CASE NO.: GPA 03-02
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Housing
Commission did, on February 12, 2009, hold a noticed public meeting to consider General Plan
Amendment GPA 03-02, as referenced in Housing Commission Resolution No. 2009-001, and
the Housing Commission adopted Housing Commission Resolution No. 2009-001,
recommending to the Planning Commission and City Council that GPA 03-02 be approved; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on November 18, 2009, hold a duly noticed public hearing as prescribed by
law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
program, as referenced in Planning Commission Resolution No. 6547, and General Plan
Amendment GPA 03-02, as referenced in Planning Commission Resolution No. 6548, and the
Planning Commission adopted Planning Commission Resolutions No. 6547 and 6548
recommending to the City Council that they be approved; and
WHEREAS, the Gity Council of the City of Carlsbad, on the 22nd day of
___..JDio!.:ieo.looc...,.emw.:b..::.e ..... r ___ , 2009, held a duly noticed public hearing to consider said Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan
Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
l
relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
2 and General Plan Amendment.
3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
4 of Carlsbad as follows:
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1. That the above recitations are true and correct.
2. That the recommendation of the Housing Commission for the approval of
General Plan Amendment GPA 03-02 is adopted and approved, and that the findings of the
Housing Commission contained in Housing Commission Resolution No 2009-001 on file with
the City Clerk and incorporated herein by reference are the findings of the City Council.
3. That the recommendations of the Planning Commission for the (1)
adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
and (2) approval of General Plan Amendment GPA 03-02 are adopted and approved, and that
the findings of the Planning Commission contained in Planning Commission Resolutions No.
6547 and 6548 on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
4. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review", shall apply:
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/II
/II
/II
Ill
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation· of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 6547
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
FOR A GENERAL PLAN AMENDMENT TO ADOPT THE
UPDATE OF THE HOUSING ELEMENT FOR THE 2005-2010
HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA
GOVERNMENT CODE.
CASE NAME: 2005-2010 HOUSING ELEMENT
CASE NO.: GPA 03-02
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
with the City of Carlsbad to adopt a General Plan Amendment for the Draft 2005-2010 Housing
Element ("Draft Housing Element"), a document that affects properties throughout Carlsbad; and
WHEREAS, the Draft Housing Element is an update to the Housing Element
adopted in 2000 for the 1999-2005 Housing Cycle; and
,,
WBEREAS, a Mitigated Negative Declaration (MND) was prepared in
conjunction with said project; and
WHEREAS, subsequent to the public circulation of the MND from May 29,
2009 to June 28, 2009, staff prepared minor revisions to the Draft Housing Element and
the MND, as necessary, to (1) delete text and figures regarding the La Costa Town Square
project, which was approved by City Council in August 2009 without the residential and
mixed use high density components indentified in the Draft Housing Element; (2) add
additional shopping center sites with high density, mixed use potential to Table 3-7 and
related text; (3) revise text, tables and figures as necessary to reflect the above revisions; ( 4)
update the MND's Initial Study (Environmental Impact Assessment Form) Sections 15 and
J
17 on Transportationffraffic and Mandatory Findings of Significance to match the
findings of the San Diego Association of Governments' Final 2008 Congestion Management
Program Update and amend the MND's Jist of supporting information sources to include
this document; and (5) amend Draft Housing Element Section 4 to clarify the ability of
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water and sewer providers to serve the City's remaining Regional Housing Needs
Assessment and to add to the Quarry Creek environmental constraints discussion that
remediation of groundwater is occurring; and
WHEREAS, the minor changes to the MND and Draft Housing Element do
not require recirculation of the MND since they are consistent with the description of "new
information" in CEQA Section 15073.5(c) (4), which states recirculation is not required if
"new information is added to the negative declaration which merely clarifies, amplifies, or
makes insignificant modifications to the negative declaration;" and
WHEREAS, the minor revisions to the MND affect specifically the "Project
Description" and "Initial Study (Environmental Impact Assessment Form)"portions of the
environmental document, which are attached, and are shown as either strikeouts or bolded
and underlined text; arid
WHEREAS, the Planning Commission did on November 18, 2009, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That tpe foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program according to
Exhibits "NOI," "MND," "Project Description" and "Initial Study (Environmental
Impact Assessment Form)," and "MMRP" attached hereto and made a part
hereof, based on the following findings:
PC RESO NO. 6547 -2-ll
2 Findings:
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1. The Planning Commission ofthe City of Carlsbad does hereby find:
a.
b.
c.
d.
It has reviewed, analyzed, and considered the Negative Declaration for the
DRAFT 2005-2010 HOUSING ELEMENT (dated December 2008)-GPA 03-
02, the environmental impacts therein identified for this project and said
comments thereon, and the Program, on file in the Planning Department, prior to
RECOMMENDING APPROVAL of the project;
The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad;
The Mitigated Negative Declaration and Mitigation Monitoring and Reporting_
Program reflect the independent judgment of the Planning Commission of the
City of Carlsbad, and;
Based on the "Project Description" and "Initial; Study (Environmental Impact
Assessment F-orm)," the Mitigation Monitoring and Reporting Program, and
comments thereon, the Planning Commission finds that there is no substantial
evidence the project will have a significant effect on the environment. ··-
PC RESO NO. 6547 ..,
-.)-11--
CASE NAME:
CASE NO:
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
Draft 2005-2010 Housing Element
GPA 03-02
PROJECT LOCATION: Citv-wide
PROJECT DESCRIPTION: The project is the adoption of the City of Carlsbad Draft 2005-__
2010 Housing Element, which requires a General Plan Amendment. California Housing Element
law requires that local jurisdictions update their housing elements every five years. The Housing
Element represents a chapter of the City's General Plan, a planning document that identifies the
community's long-term goals for development. The Housing Element chapter provides guidance
and direction for City policymakers to address the specific housing needs of the community.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental
review of the above described project pursuant to the Guidelines for Implementation of the
California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of
the City of Carlsbad. As a result of said review, the initial study ,(EIA Part 2) identified
potentially significant effects on the environment, but O) mitigation measures developed before
the proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project "as revised" may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City
Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated
Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad,
California 92008. Comments from the public are invited. Pursuant to Section 15204 of the
CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies
should focus on the proposed finding that the project will not have a significant effect on the
environment. If persons and public agencies believe that the project may have a significant
effect, they should: (1) identify the specific effect;· (2) explain why they believe the effect would
occur; and (3) explain why they believe the effect would be significant. Please submit comments
in writing to the Planning Department within 30 days ofthe date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and
approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional
public notices will be issued when those public hearings are scheduled. If you have any
questions, please call Scott Donnell in the Planning Department at (7 60) 602-4618.
PUBLIC REVIEW PERIOD May 29,2009-June 28,2009
PUBLISH DATE May 29, 2009
14
City of Carlsbad
2005-2010 Housing Element
(General Plan Amendment GPA 03-02)
Project Description & Initial Study
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Contact: Scott Donnell, Senior Planner
(760) 602-4618
Scott.Donnell(a)carlsbadca.gov
I
I. Project Descript-~vn
Update
This environmental document, a Mitigated Negative Declaration, supersedes the Negative
Declaration circulated by the City in January and February 2009. The Draft 2005-2010 Housing
Element programs analyzed in both environmental documents remain the same. Please see the
Environmental Review section below.
Project Summary
The project is the adoption of the City of Carlsbad Draft 2005-2010 Housing Element ("Draft
Housing Element"). California Housing Element law requires that local jurisdictions update
their Housing Elements every five years. I The Housing Element represents a chapter, or element,--
of the City's General Plan, a planning document that identifies the community's long-term goals
for development. Adoption of the Draft Housing Element requires an amendment to the General
Plan.
The Draft Housing Element-provides guidance and direction for City.policymakers to address the
specific housing needs of the community. For this Initial Study, the project is the adoption of the
Draft Housing Element pursuant to Section 65302 of the California Government Code.
California law provides guidance to communities in the preparation ofthe Housing Element.2
Per State law, the Housing Element has two main purposes: :.
(1) To provide an assessment of both current and future housing needs and constraints in
meeting these needs; and
(2) To provide a strategy that establishes housing goals, policies, and programs.
The Draft Housing Element is a plan for the 2005-2010 period. This differs from the City's other
General Plan elements, which cover a much longer period. The Draft Housing Element serves as
an integrated part of the General Plan but is updated more frequently to ensure its relevancy and
accuracy. The Draft Housing Element identifies strategies and programs that focus on:
(1) Conserving and improving existing affordable housing;
(2) Maximizing housing opportunities throughout the community;
(3) Assisting in the provision of affordable housing;
(4) Removing governmental and other constraints to housing investment; and
(5) Promoting fair and equal housing opportUnities.
State law requires Housing Elements to be updated every five years to reflect a community's
changing housing needs, unless otherwise extended by State legislation. These five year periods, or
housing cycles, are staggered throughout the state so all California cities and counties update their
elements at different times. For San Diego County jurisdictions, the current housing cycle began
July 1, 2005, and ends June 3'0, 2010.
The state Department of Housing and Community Development, Division of Housing Policy
Development (HCD) reviews Housing Elements for compliance with state law. With revisions
made since its initial release in April 2007, HCD has found Carlsbad's Draft Housing Element
1 California Government Code, §65588 et. seq. 2 California Government Code, §65583 et. seq.
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for the current housing cycle will comply with state law. This compliance is stated in a
November 21, 2008, letter from HCD to the City. The compliant version of the Draft Housing
Element is dated December 2008 and is the subject of this Project Description and Initial Study.
The preparation of the Draft Housing Element has taken several years and has involved several
public meetings before the City's Housing Commission and City Council. Now that the draft has
been completed and found compliant by HCD, the Draft Housing Element and its related
General Plan Amendment (GP A) will undergo the formal approval process. After receiving a
recommendation of approval from the Housing Commission in February 2009, the GP A also will--
be reviewed by the Planning Commission and City Council at public hearings. These hearing are
expected to take place in summer 2009. Ifthe City Council approves the Draft Housing
Element, it will be sent to HCD for certification.
Readers may view the HCD compliance letter and the City's Draft Housing Element, dated
December 2008, at http://www.carlsbadca. gov/pdfdoc.html?pid=528
Project Location
The City of Carlsbad is located along the Pacific coast in northern San I)iego County. Carlsbad
is bounded by the city of Oceanside to the north; the city of Encinitas to the south; the cities of
San Marcos and Vista, ~nd un_incorporated San Diego County areas to 'the east; and the Pacific
Ocean to the west. The Draft Housing Element applies to the areas within the City limits, which
encompass approximately 42 square miles. The City contains three lagoons, extensive
agricultural lands, and several large tracts of open space.
Project Objectives
The Draft Housing Element uses the residential goals and objectives of the City's adopted Land
Use Element as a policy framework for developing more specific goals and policies in the Housing
Element. The residential goals and objectives of the Land Use Element encompass four main
themes:
1. Preservation: The City should preserve the neighborhood character, retain the identity of
existing neighborhoods, maximize open space, and ensure slope preservation.
2. Choice: The City should ensure a variety of housing types (single-family detached or
attached, multifamily apartments and condominiums) with different styles and price levels
in a variety of locations for all economic segments and throughout the City.
3. Medium and High Density Uses in Appropriate, Compatible Locations: Medium and
higher density uses should be located where compatible with adjacent land uses and where
adequately and conveniently served by commercial and employment centers, transportation
and other infrastructure, and amenities. Further, the City should encourage a variety of
residential uses in commercial areas to increase the advantages of "close-in" living and
convenient shopping.
4. Housing Needs: The City should utilize programs to revitalize deteriorating-areas or those
with high potential for deterioration and seek to provide low and moderate income housing. \--,
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Furthermore, affecting all development in Carlsbad is the Growth Management Program, the
provisions of which are incorporated into the General Plan. Developed in 1986, the Growth
Management Program ensures the timely provision of adequate pubic facilities and services to
preserve the quality of life of Carlsbad residents. Accordingly, a purpose and intent of the Growth
Management Program is to provide quality housing opportunities for a_ll economic segments of the
community and to balance the housing needs of the region against the public service needs of
Carlsbad's residents and available fiscal and environmental resources.
The Draft Housing Element was reviewed with regard to the Growth Management Program. As
demonstrated herein, the City can meet its obligations under the law with respect to the Regional --
Housing Needs Allocation under the Growth Management Program.
Project Characteristics
Each community in California has a responsibility to provide affordable housing and help
address statewide housing needs. A process commonly known as the Regional Housing Needs
Assessment (RHNA), mandated by State law, was developed to allocate the regional housing
needs to individual jurisdictions. The San Diego Association of Governments (SANDAG) is
responsible for developing the RHNA for the county and the 18 citie~ in San Diego County.
RHNA figures are developed based on statewide housing needs; regional growth patterns; local
growth potentials; housing ma!ket Gharacteristics such as· construction, 'demolition, and vacancy
rates; and household characteristics such as average household size. Furthermore, the RHNA is
divided into four income groups based on the county Median_Family Income (MFI):
• Very Low Income (up to 50 percent MFI)
Low Income (between 51 and 80 percent MFI)
Moderate Income (between 81 and 120 percent MFI)
• Above Moderate Income (above 120 percent MFI)
For the 2005-2010 Housing Element cycle, the State Department of Housing and Community
Development (HCD) projected a need for 107,301 new housing units in the San Diego region.
The San Diego Association of Governments (SANDAG) is responsible for allocating this future
housing need to the 19 jurisdictions within the County. In this capacity, SANDAG developed a
RHNA that determines each jurisdiction's "fair share" of the forecasted growth through 2010.
Carlsbad's share of the regional housing need for the 2005-2010 period is allocated by SANDAG
based on factors such as recent growth trends, income distribution, and capacity for future
growth.
The City of Carlsbad was assigned a future housing need of 8,376 units for the 2005-2010
planning period, or 7.8 percent of the overall regional housing need. The City must make
available residential sites at appropriate densities and development standards to accommodate
these 8,376 units according to the following income distribution:
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• Very Low Income:
• Low Income:
• Moderate Income:
• Above Moderate Income:
1,922 units (23.0 percent)
1,460 units (17.4 percent)
1,583 units (18.9 percent)
3,411 units (40.7 percent)
For San Diego County, the regional growth projected by the State was for the period between
January 1, 2003 and June 30, 2010. Therefore, while the Draft Housing Element is a five-year
document covering July 1, 2005 to June 30, 2010, the City has seven and one-half years (January
1, 2003 through June 30, 2010) to fulfill the RHNA. Therefore, housing units constructed or-
issued Certificates of Occupancy during. this period can be credited toward the RHNA for this
housing cycle. As part of the City Indusionary Housing program, a significant number of
affordable units have been constructed (or are under construction) since January 1, 2003. Overall,
based on the number of units constructed or under construction since January 1, 2003 through
December 31, 2006, the City has already met 60 percent of its RHNA, with a remaining RHNA of
3,566 units (2,395 lower and 1,171 moderate income units). Approxil1).ately 25 percent of the units
constructed or under construction during the 2003 to 2006 period are affordable to persons in the
very low, low, and moderate income categories.
Pursuant to State law, the City must demonstrate that it has adequate vacant and underutilized
residential sites at appropriate densities and devel6pm~n~ standards to a.ccommodate the City's
RHNA. Overall, the City has the capaCity to accommodate 5,280 additional units on residentially
designated land and in mixed-use and redevelopment areas. This capacity includes the ability to
accommodate 3,028 lower income, 577 moderate income, and 1,675 above moderate income units.
Combined, the City has land resources to meet the remaining RHNA of 3,566 units for lower and
moderate income households using properties designated for Residential High and Residential
Medium High densities. As the RHNA for above moderate income housing has already been
satisfied by residences constructed through 2006, there is no remaining need to address for this
income group.
In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management
Plan. This program lowered the City's residential buildout capacity and imposed very specific
facility improvement and/or fee requirements for all new development. The program divided the
City into four quadrants and established a dwelling unit cap per quadrant. The cap for the entire
City is 54,600 units, although the individual quadrant caps cannot be exceeded without approval
from Carlsbad voters. The accommodation of the City's RHNA can be accomplished within the
City's Growth management dwelling unit cap. While the Draft Housing Element does include
programs (e.g., 2.1 and 2.2) to increase or allow residential density on several residential and
non-residential properties for purposes of meeting the City's RHNA for lower and moderate
income housing, the Draft Housing Element does not propose housing development beyond the
total dwelling units anticipated in the City's existing General Plan.
The Draft Housing Element includes goals, policies, and programs to further facilitate increasing
the supply of affordable housing; however, it does not directly provide for approval or
construction of any housing, nor directly change any land use designations, use, or development
standards. Individual development projects and proposed land use and code changes pursuant to
adoption and implementation of the Draft Housing Element will be subject to separate
environmental review as necessary by the City.
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Environmental Review
A Negative Declaration (SCH #2006051076) for the Draft Housing Element, dated December
2008, was circulated for public review from January 29 to February 28, 2009. (An earlier
Negative Declaration, circulated in 2006, was prepared for a now superseded version of the
Housing Element and is no longer valid.) In response to comments received on the 2009
circulation, this Mitigated Negative Declaration has been prepared. No changes have been made
to the Draft Housing Element programs analyzed in either document.
Information on the environmental documents referenced in this document is listed below and at --
the end of Part II of this document, the Initial Study. Because of its age, the General Plan Final
Master Environmental Impact Report (EIR), adopted in 1994, is used primarily for background
information.
Document Status Approving State Clearinghouse --Resolution -Identification #
General Plan Master Certified in 1994 City Council 93091080
EIR Resolution 94-246
Final EIR, Robertson Certified in 2006 City Council 2004051039
Ranch Master Plan Resolution 2006-324
Final EIR, Ponto _Certified in-2007 City Co-uricil 2007031141
Beachfront Village Resolution 2007-303
Vision Plan
Negative Declaration, Adopted in 2007 City Council 2007071132
Village Master Plan Resolution 2007-274,
and Design Manual Housing and
Changes Redevelopment
Commission
Resolution 446
t>Faft BIR, :ba Gesta 9Faft FeleaseEl feF NfA 2003041159
+e\VH gEJUaFe .t..l.' .,; ''"" t-' ·~· -·-Draft Subsequent Public review of N/A (City of 2005021119
EIR, Former South Draft EIR completed Oceanside)
Coast Quarry
Amended
Reclamation Plan
Draft EIR, Bridges at Notice of Preparation N/A 2009021030
Aviara released February 3,
2009
EIR for Regional Certified in 2004 San Diego 20040111411
Comprehensive Plan . Association of
Governments
Resolution 2005-01
As mentioned, the Draft Housing Element includes programs that propose city-initiated actions
to increase or allow residential density on several properties. These actions are needed to enable
the City of Carlsbad to meet its RHNA obligation for lower and moderate income housing. The
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City has also counted privately-proposed residential projects toward fulfilling its RHNA
obligation. Draft Housing Element Section 4 discusses envirorunental constraints and
information for all sites, whether counted because of city or private proposals.
City Proposals
Proposed programs 2.1 and 2.3 identify the need for General Plan Amendments and other land use
regulation changes for several properties, or sites. Some of these sites are already undergoing or
have completed envirorunental review that is relevant to Program 2.1. For example, the properties--
identified as "Ponto" and "Commercial Mixed Use Ponto" are part of the adopted Ponto
Beachfront Village Vision Plan, for which an Environmental Impact Report (EIR) has been
certified. This EIR analyzed the potential environmental impacts of high density and mixed use
residential projects at densities and unit numbers consistent with those identified in Program 2.1.
Therefore, additional environmental review is not anticipated to be necessary to adopt the required
land use changes identified in the Draft Housing Element for the Ponto properties.
In October 2007, the City Council adopted changes to the Village Master Plan and Design Manual
and other applicable documents that, among other things, established density ranges with minimum
and maximum densities in the Village Redevelopment Area. As part ,af this action, the City
Council also adopted a Negative Declaration, which considered the envirorunental impacts of 937
additional residences that could -be-built in the Village· area as a result'-of the changes. Under
Program 2.1, the increased minimum densities proposed in the Village area, which are within the
adopted density ranges, would allow up to 875 of the 937 units. Therefore, additional
environmental review is not required to implement Program 2.1 changes to the Village Master Plan
and Design Manual and other applicable regulations.
Another site identified in Program 2.1 is Quarry Creek. Quarry Creek is an approximately 100
acre property in Carlsbad. Hard rock mining was undertaken over several decades on portions of
the property. Mining also took place on adjacent property in the City of Oceanside, all but about
four acres of which has been already reclaimed and developed as a shopping center.
For the 100 acre Quarry Creek property in Carlsbad, the City's General Plan currently designates
about 76 acres of the site for residential development and 24 acres as open space. The program
proposes two new residential land use designations to replace the property's current residential
designation that would increase the density currently allowed and in tum increase the housing unit
yield. The program does not propose any particular site design as part of the.density increase. The
City of Oceanside, as lead agency per agreement with the City of Carlsbad, has circulated a Draft
EIR for the reclamation of past mining activities at Quarry Creek (listed above as "Draft
Subsequent EIR, Former South Coast Quarry Amended Reclamation Plan"). Although in draft
form, the environmental document provides relevant information to consideration of the Quarry
Creek site. If certified by Oceanside, the mitigation measures identified in the Quarry Creek EIR
can be implemented by Carlsbad, the agency responsible to review, approve, and issue all
discretionary and grading permits for all work necessary to complete the reclamation for the
majority of the Quarry Creek property that is located in the City of Carlsbad. The permits filed
with Carlsbad include Special Use Permit (floodplain) SUP 07-03, Habitat Management Plan
Permit HMP 07-06, and Hillside Development Permit HDP 07-01. However, it is recognized that
implementation of land use changes identified for the Quarry Creek site per Program 2.1 will
require its own environmental review. 2 I
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Program 2.1 proposes other changes to land use designations and standards as follows:
• Increase the minimum densities of the residential RMH and RH General Plan land use
designations as follows. Existing density information is provided for perspective:
Densities*
Designation Existing Existing Proposed Existing
Minimum Growth Minimum max unum
density Management Density density
Control Point
RMH 8.5 11.5 12 15
RH 15 19 20 23
*All densities in housing units per acre.
The proposed minimum density increases affect underutilized and vacant, unentitled
properties in the RMH and RH designations. These properties are generally small and
scattered throughout Carlsbad. When compared to existing minimum densities, the
increased minimum densities potentially enable approximately 1$0 more units to be built.
This increase in units ~ould ·not cause Growtl!-Management dwelling unit caps to be
exceeded nor exceed -residential buildout figures as estimated by the General Plan.
However, Government Code Section 65863, provisions of which were incorporated into
the Carlsbad General Plan and Zoning Ordinance in 2004, restricts a city's ability to
approve densities below those utilized to determine compliance with housing element
law. For the previous housing element, which was in effect in 2004, densities utilized to
determine compliance were those at the Growth Management Control Point (GMCP). For
the Draft Housing Element, the GMCP is also used to determine housing law compliance,
except where densities increases are proposed as described in this paragraph, Program
2.1, and as part of the private proposal discussed below and in the Draft Housing
Element.
In keeping with Section 65863, residential projects approved by the City have densities
generally at or near the GMCP. Densities are permitted below the GMCP only if specific
findings are made.
As evidenced in the table above, the proposed minimum densities of 12 and 20 units per
acre represent only slight increases over the Growth Management Control Points for the
RMH and RH designations. These minor density changes potentially increase the yield
by 25 additional units on properties designated RMH and RH when compared to existing
Growth Management Control Points. Because the density increase is slight and affected
parcels are scattered throughout Carlsbad, the City does not anticipate implementation of
this component of Program 2.1 will require additional environmental review.
The proposed minimum densities will apply to other projects discussed herein as well,
such as Quarry Creek and La Costa Tovm Square, and the proposed densities have been
or will be considered in the environmental documents for those other projects.
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areas and are proximate to major transportation cmTidors, transit facilities, job centers, and
public facilities and amenities. They also comply with the City's General Plan policies guiding
the location of high density housing and mixed use projects. As identified in the Draft Housing
Element, these sites are the Barrio Area, Village Redevelopment Area, Quarry Creek, Ponto, and
Plaza Camino Real. The Barrio and Village Redevelopment areas are counted as one smart
growth area in the RCP.
As part of its 2004 adoption of the RCP, SANDAG certified a Program EIR. As a program level
document, the certified EIR analyzes potential environmental impacts at a broad, rather than
project-specific, level. In addition, since it was prepared before the concept maps, the EIR did--
not analyze any ofthe maps' smart growth areas, including those in Carlsbad. The Program EIR
mitigation measures apply to projects in general and recognize that proposed smart growth
projects, for example, will be subject to subsequent environmental review to address potential
individual environmental impacts. As discussed below, mitigation measures are proposed to·
ensure potential impacts associated with implementation of Draft Housing Element programs,
'including that which feature smart growth sites as identified in the RCP, are adequately analyzed
and addressed.
Conclusion
In the attached Mitigation Monitoring and Reporting Program (MMRP); 'mitigation measures are
included to reduce identified -potential significant impacts to a less than significant level for
housing facilitated by the Draft Housing Element. However, these mitigation measures will not
be applied to the approved city and private proposal projects discussed above that have already
undergone environmental review. At a minimum, projects still pending completion of
environmental review will comply with all applicable mitigation measures identified in the
MMRP and/or they will comply with equal or better mitigation measures specifically developed
as each project progresses.
Housing Plan
The Housing Plan section of the Draft Housing Element establishes a policy framework to guide
City decision-making to meet identified goals and objectives and is implemented through a series
of housing policies and programs offered by the City. The housing programs outlined below
represent actions the City of Carlsbad will undertake to promote housing opportunities for all
segments ofthe community. Because of their continued success and relevancy, many ofthe goals,
objectives, policies, and programs contained in the Housing Plan have been .carried forward from
the City's previous Housing Element, adopted in 2000.
These programs outlined below are from the Draft Housing Element dated December 2008. Since
only programs are identified below, the reader is referred to Section 6 of the Draft Housing
Element for all goals, objectives, policies and other information contained in the Housing Plan.
Draft Housing Element Programs
Preservation
Preserving the existing housing stock and avoiding deterioration that often leads to the need for
substantial rehabilitation is one of the City's goals. In addition, it is important to preserve Z4
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affordable housing units in the community to maintain adequate housing opportunities for all
residents.
Program 1.1: Condominium Conversion
The City will continue to discourage and/or restrict condominium conversions when such
conversions would reduce the number of low or moderate income housing units available
throughout the City. All condominium conversions are subject to the City's Inclusionary Housing
Ordinance; the in-lieu fees or actual affordable units required by the ordinance would be used to
mitigate the loss of affordable rental units from the City's housing stock.
Program 1.2: Mobile Home Park Preservation
The City will continue to implement the City's Residential Mobile Home Park zoning ordinance
(Municipal Code 21.3 7) that sets conditions on changes of use or conversions of Mobile Home
Parks.
The City will also assist lower income tenants to research the financial feasibility of purchasing
their mobile home parks so as to maintain the rents at levels affordable to its tenants.
Program 1.3: Acquisition/Rehabilitation of Rental Housing
The City will continue to provide assistance to preserv.e the existing stock of low and moderate
income rental housing, iJ:?.cluding: . · · · ·
• Provide loans, grants, and/or rebates to owners of rental properties to make needed repairs
and rehabilitation.
• Acquire and rehabilitate rental housing that is substandard, deteriorating or in danger of
being demolished. Set-aside at least 20 percent of the rehabilitated units for very low
income households.
• Provide deferral or subsidy of planning and building fees, and priority processing.
Priority will be given to housing identified by the Building Department as being substandard or
deteriorating, and which houses lower income and in some cases moderate income households.
Program 1.4: Rehabilitation of Owner-Occupied Housing
As the housing stock ages, the need for rehabilitation assistance may increase. The City will
provide assistance to homeowners to rehabilitate deteriorating housing. Energy conservation
improvements are eligible activities under the City's rehabilitation assistance. Assistance will
include financial incentives in the form of low interest and deferred payment loans, and rebates.
Households targeted for assistance include lower-income and special needs (disabled, large, arid
senior) households.
Program 1.5: Preservation of At-Risk Housing
One project-Seascape Village-within the City may be considered as at risk. This project has
deed restrictions on 42 units that are set to expire January 1, 2009. The City will monitor the
status of projects such as Seascape Village that may be at-risk, ensure tenants receive proper
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notification of any changes and are aware of available special Section 8 vouchers, and contact
nonprofit housing developers to solicit interest in acquiring and managing at risk projects.
Housing Opportunities
A healthy, sustainable community relies on its diversity and its ability to maintain balance among
different groups. The City encourages the production of new housing units that offer a wide range
of housing types to meet the varied needs of its diverse population. A balanced inventory of
housing in terms of unit type (e.g., single-family, apartment, condominium, etc.), cost, and
architectural style will allow the City to fulfill a variety of housing needs.
Program 2.1: Adequate Sites
The City will continue to monitor the absorption of residential acreage in all densities and, if
needed, recommend the creation of additional residential acreage at densities sufficient to meet the
City's housing need for current and future residents. Any such actions shall be undertaken only·
where consistent with the G!.owth Management Plan.
• In order to ensure that adequate residential acreage at appropriate densities is available to
meet the City's Regional Housing Needs Assessment (RHNA) the City will implement
the following objectives:
-· , ~
• The City shall process a general plan amendment(s) to redesignate a mrmmum net
acreage of each site in Table 6-1 to RH and require that the redesignated sites be
developed at a minimum density of 20 units per acre. As part of this program, the City
shall also process all necessary amendments to the Zoning Ordinance and other planning
documents, such as master or specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Approximate
Minimum Acres to be Density
Property APN Redesignated to RH Yield
Ponto 216-140-17 6.4 128
Quarry Creek Portions of 167-040-. 15.0 300 21
Commercial Portion of 216-140-Mixed Use 18 2.8 28
Ponto
The City shall process a general plan amendment(s) to redesignate a mmrmum net
acreage of each site" in Table 6-2 to RMH and require that the redesignated site be
developed at a minimum density of 12 units per acre. As part of this program, the City
shall also process all necessary amendments to the Zoning Ordinance and other planning
documents, such as master or specific plans.
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Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property APN
Approximate Minimum
Acres to be
Re-designated to RMH
Portions of 167-040-17 Quarry Creek 21
Density
Yield
200
• The City shall process general plan amendments to establish minimum densities of 12
units per acre and 20 units per acre for the RMH and RH land use designations,
respectively, except for those RH designated properties in the Beach Area Overlay Zone.
• Residential projects and mixed use projects with residential components within the
Village Redevelopment Area shall be developed at minimum densities equal to 80% of
the maximum of the density range. For land use districts 1 - 4 (density range of 15 -35
units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and
Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range
of 15 -23 units per acre), 80% shall be 18 units per acre. "Furthermore, the City shall
approve modifications to development standards_ of the Carlsbad ,Village Redevelopment
Master Plan and.Desigrr Mahua] if a project satisfactorily demonstrates as determined by
the City that such modifications are necessary to achieve the minimum densities.
• The City shall process amendments to the general plan and zoning ordinance and process
other planning documents as necessary to establish and permit the minimum densities,
areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for
the Barrio Area.
• The City shall amend its zoning ordinance, general plan, and other land use documents as
necessary to permit residential in a mixed use format on shopping center sites and
commercial areas with a General Plan designations of "CL" and "R" and zoning
designations of "C-L," "C-1" and ''C-2," and/or other general plan and zoning
designations as appropriate. Mixed use residential on shopping center and commercial
sites shall be at a minimum density of 20 units per acre.
• The City will encourage the consolidation of small parcels in order to facilitate larger-
scale developments. Specifically, the City will make available an inventory of vacant
and underutilized properties to interested developers, market infill and redevelopment
opportunities throughout the City, particularly in the Village Redevelopment Area and
proposed Barrio Area, and meet with developers to identify and discuss potential project
sites.
For the Barrio Area, incentives shall be developed to encourage the consolidation of
parcels and thus the feasibility of affordable housing. These incentives shall include
increased density and other standards modifications. Incentives are not necessary for the
Village Redevelopment Area as standards modifications (including increased density) are
already permitted for affordable housing, "green" buildings, and projects which meet the
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goals and objectives of the Village (which include residential and mixed use
developments).
Program 2.2: Flexibility in Development Standards
The Planning Department, in its review of development applications, may recommend waiving or
modifying certain development standards, or propose changes to the Municipal Code to encourage
the development of low and moderate income housing.
Program 2.3: Mixed Use
The City will encourage mixed-use developments that include a residential component. Major--
commercial centers should incorporate, where appropriate, mixed commercial/residential uses.
Major industrial/office centers, where not precluded by environmental and safety considerations,
should incorporate mixed industrial/office/residential uses.
• As described in Program 2.1, the City shall amend the zoning ordinance and other
necessary land use -~ocuments to permit residential mixed use at 20 units per acre on
shopping center sites and commercial areas.
Program 2.4: Energy Conservation
The City of Carlsbad has established requirements, programs, and actions to improve household
energy efficiency, prom~te sustainability, and lower utility costs. '~
• Enforce California building and subdivision requirements by requiring compliance with
state energy efficiency standards (including adoption of the California Energy Code, 2007
Edition) and state Subdivision Map Act energy conservation provisions (Government Code
section 664 73.1 ). This latter code section requires subdivision design to provide future
homes with passive or natural heating opportunities to the extent feasible through, for
example, lot orientation.
• Encourage solar water heating by requmng new residential construction (ownership
dwelling units only) to pre-plumb to accommodate solar hot water systems. This
requirement has been in effect since 1981.
• Promote and pmticipate in regional water conservation programs that allow Carlsbad
Municipal Water District (CMWD) residents to receive rebates for water efficient clothes
washing machines and toilets, free on-site water use surveys, and vouchers for weather-
based irrigation controllers. The City publicizes these programs on its website at
www.carlsbadca.gov/water/ wdtips.html. CMWD serves approximately 75 percent of the
City.
CMWD is also a signatory to the California Urban Water Conservation Council Memorandum of
Understanding ("MOU"). Signatories to the MOU implement 14 Best Management Practices
that have received a consensus among water agencies and conservation advocates as the best and
most realistic methods to produce significant water savings from conservation.
In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan designed to save potable
water. The result is that CMWD has the most aggressive water recycling program in the region
GPA 03-02-2005-2010 HOUSING ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page 14
when measured in terms of percent of supply derived from recycled water. In its 2005 Urban
Water Management Plan, CMWD estimates that in 2020 seven percent of the water needs of the
area it serves will be met by conservation, 21 percent by recycled water usage, and 72 percent by
desalinated water.
• In the Village Redevelopment Area, encourage energy conservation and higher density
development by the modification of development standards as necessary to:
o Enable developments to qualify for silver level or higher LEED (Leadership in--
Energy & Environmental.D~sign) Certification, or a comparable green building
rating, and to maintain the financial feasibility of the development with such
certification.
o Achieve densities at or above the minimum required if the applicant can provide
acceptable evidence that application of the development standards precludes
development-at such densities. -
Modifications may include but are not limited to changes to density, parking standards,
building setbacks and height, and open space.
• Facilitate resource conservation for all households by making available through a
competitive process Community Development Block Grants to non-profit organizations
that could use such funds to replace windows, plumbing fixtures, and other physical
improvements in lower-income neighborhoods, shelters, and transitional housing.
• Per General Plan policy, reduce fossil fuel consumption and pollution and improve
residents' health by requiring:
o New development to provide pedestrian and bike linkages, when feasible, which
connect with nearby community centers, parks, school, and other points of interest
and major transportation corridors.
o Multi-family uses to locate near commercial centers, employment centers, and
major transportation corridors.
• Designate "smart growth" areas in the City to help implement the San Diego Association
of Governments Regional Comprehensive Plan vision for compact, sustainable growth.
• Per the City's Growth Management Program:
o Facilitate development of higher density, affordable, and compact development
by allowing withdrawals from the City's Excess Dwelling Unit Bank (see Section
4 for further·details) only for certain qualifying projects; these projects include
transit-oriented/smart growth developments, senior and affordable housing, and
density bonus requests.
o Encourage infill development in urbanized areas before allowing extensions of
pubic facilities and improvements to areas which have yet to be urbanized.
Program 3.1: Inclusionary Housing Ordinance
The City will continue to implement its Inclusionary Housing Ordinance that requires 15 percent
of all residential units within any Master Plan/Specific Plan community or other qualified ... L.,.4
GPA 03-02-2005-2010 HOL .... NG ELEMENT
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Paae 15
subdivision (currently seven units or more) be restricted and affordable to lower income
households. This program requires an agreement between all residential developers subject to this
inclusionary requirement and the City which stipulates:
• the number of required lower income inclusionary units;
• the designated sites for the location of the units;
• a phasing schedule for production of the units; and
• the term of affordability for the units.
For all subdivisions of fewer than seven units, payment of a fee in lieu of inclusionary units is
permitted. The fee is based on a detailed study that calculated the difference in cost to produce a
market rate rental unit versus a lower-income affordable unit. As of September 1, 2006, the in-lieu
fee per market-rate dwelling unit was $4,515. The fee amount may be modified by the City
Council from time-to-time and is collected at the time of building permit issuance for the market
rate units. The City will continue to utilize inclusionary in-lieu fe_es collected to assist in the
development of affordable units.
The City will also continue to consider other in-lieu contributions allowed by the Inclusionary
Housing Ordinance, such as an irrevocable offer to dedicate developable land.
Program 3. 2: Excess Dvllelling .Unit Bank
The City will continue to maintain, monitor and manage the Excess Dwelling Unit Bank,
composed of "excess units" anticipated under the City's Growth Management Plan, but not utilized
by developers in approved projects. The City will continue to make excess units available for
inclusion in other projects using such tools as density transfers, density bonuses and changes to the
General Plan land use designations per Council Policy Statement 43.
Based on analysis conducted in Section 4, Constraints and Mitigating Opportunities, the City has
adequate excess dwelling units to accommodate the remaining RHNA of 2,395 units for lower and
1,171 units for moderate income households, which would require the withdrawal of 2,830 units
from the Excess Dwelling Unit Bank.
Program 3.3: Density Bonus
In 2004, the State adopted new density bonus provisions (SB 1818) that went into effect on
January 1, 2005. Consistent with the new State law (Government Code sections 65913.4 and
65915), the City will continue to offer residential density bonuses as a means of encouraging
affordable housing development. In exchange for setting aside a portion of the development as
units affordable to lower and moderate income households, the City will grant a bonus over the
otherwise allowed density, and up to three financial incentives or regulatory concessions. These
units must remain affordable for a period of 30 years and each project must enter into an agreement
with the City to be monitored by the Housing and Redevelopment Department for compliance.
The density bonus increases with the proportion of affordable units set aside and the depth of
affordability (e.g. very low income versus low income, or moderate income). The maximum
density bonus a developer can receive is 35 percent when a project provides 11 percent of the
units for very low income households, 20 percent for low income households, or 40 percent for
moderate income households.
GPA 03-02-2005-2010 HOUSING ELEMENT
PROJECT DESCRJPTION FOR INITIAL STUDY
Page 16
Financial incentives and regulatory concessions may include but are not limited to: fee waivers,
reduction or waiver of development standards, in-kind infrastructure improvements, an additional
density bonus above the requirement, mixed use development, or other financial cont~ibutions.
Program 3.4: City-Initiated Development
The City, through the Housing and Redevelopment Department, will continue to work with private
developers (both for-profit and non-profit) to create housing opportunities for low, very low and
extremely low income households.
Program 3. 5: Affordable Housing Incentives
The City uses Redevelopment Housing Set-Aside Funds and Housing Trust Funds to offer a
number of incentives to facilitate affordable housing development. Incentives may include:
• Payment of public facility fees;
• In-kind infrastructure improvements, including but not limited to street improvements,
sewer improvements, other infrastructure improvements as nee-ded;
• Priority processing, including accelerated plan-check process, for projects that do not
require extensive engineering or environmental review; and
• Discretionary consideration of density increases above the maximum permitted by the
General Plan through review and approval ofa Si!e Development :plan (SDP).
Program 3. 6: Land Banking
The City will continue to implement a land banking program to acquire land suitable for
development of housing affordable to lower and moderate income households. The Land Bank
may accept contributions of land in-lieu of housing production required under an inclusionary
requirement, surplus land from the City or other public entities, and land otherwise acquired by the
City for its housing programs. This land would be used to reduce the land costs of producing
lower and moderate income housing by the City or other parties.
The City has already identified a list of nonprofit developers active in the region. When a City-
owned or acquired property is available, the City will solicit the participation of these nonprofits to
develop affordable housing. Affordable Housing Funds will be made available to facilitate
development and the City will assist in the entitlement process.
Program 3. 7: Housing Trust Fund
The City will continue to maintain the various monies reserved for affordable housing, and
constituting the Housing Trust Fund, for the fiduciary administration of monies dedicated to the
development, preservation and rehabilitation of housing in Carlsbad. The Trust Fund will be the
repository of all collected in-lieu fees, impact fees, housing credits and related revenues targeted
for proposed housing as well' as other local, state and federal funds.
Program 3.8: Section 8 Housing Choice Vouchers
The Carlsbad Housing Authority will continue to operate the City's Section 8 Housing Choice
Voucher program to provide rental assistance to very low income households.
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Paae 17
Program 3.9: A1ortgage Credit Certificates
The City participates in the San Diego Regional Mortgage Credit Certificate (MCC) Program. By
obtaining a MCC during escrow, a qualified homebuyer can qualify for an increased loan amount.
The MCC entitles the homebuyet to take a federal income tax credit of 20 percent of the annual
interest paid on the mortgage. This credit reduces the federal income taxes of the buyer, resulting
in an increase in the buyer's net earnings.
Program 3.10: Senior Housing
The City will continue to encourage a wide variety of senior housing opportunities, especially for
lower-income seniors witl1 special needs, through the provision of financial assistance and -
regulatory incentives as specified in the City's Senior Housing Overlay zone. Projects assisted
with these incentives will be subjected to the monitoring and reporting requirements to assure
compliance with approved project conditions.
In addition, the City has sought and been granted Article 34 authority by its voters to produce 200
senior-only affordable housing units. The City would need to access-its Article 34 authority only
when it functions as the owner of the project, where the City owns more than 51 percent of the
development.
Program 3.11: Housing for Persons with Disabilities
The City will adopt an ordinance. ·to establish a ~formal policy on offering reasonable
accommodations to persons with disabilities with regard to the construction, rehabilitation, and
improvement of housing. The ordinance will specify the types of requests that may be
considered reasonable accommodation, the procedure and reviewing/approval bodies for the
requests, and waivers that the City may offer to facilitate the development and rehabilitation of
housing for persons with disabilities.
Program 3.12: Housing/or Large Families
In those developments that are required to include 10 or more units affordable to lower-income
households, at least 10 percent of the lower income units should have three or more bedrooms.
This requirement does not pertain to lower-income senior housing projects.
Program 3.13: Farm Labor Housing
Pursuant to the State Employee Housing Act, the City permits by right employee housing for six or
fewer in all residential zones where a single-family residence is permitted. Farm labor housing for
12 persons in a group quarters or 12 units intended for families is permitted by right on properties
where agricultural uses are permitted. In 2004, the City amended the Zoning Code to
conditionally permit farm labor housing for more than 12 persons in a group quarters or 12
units/spaces for households in theE-A, 0, C-1, C-2, C-T, C-M, M, P-M, P-U, 0-S, C-F and C-L
zones.
Program 3.14: Housing/or the Homeless
Carlsbad will continue to facilitate the acquisition, for lease or sale, of suitable sites for emergency
shelters and transitional housing for the homeless population. This facilitation will include:
• Participating in a regional or sub-regional summit(s) including decision-makers from North
County jurisdictions and SANDAG for the purposes of coordinating efforts and resources
to address homelessness;
! GPA 03-02-2005-2010 HO-. ... NG ELEMENT
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Page 19
Program 3.19: Coastal Housing Monitoring
As a function of the building process, the City will monitor and record Coastal Zone housing data
including, but not limited to, the following:
1) The number of new housing units approved for construction within the coastal zone after
January 1, 1982.
2) The number of housing units for persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code, required to be provided in new
housing developments within the coastal zone.
3) The number of existing residential dwelling units occupied by persons and families of low
or moderate income that are authorized to be demolished or converted in the coastal zone
pursuant to Section 65590 of the Government Code.
4) The number of res-idential dwelling units occupied by persons and families of low or
moderate income, as defined in Section 50093 of the Health and Safety Code that are
required for replacement or authorized to be converted or demolished as identified above.
The location of the replacement units, either onsite, elsewhere within the City's coastal
zone, or within three miles of the coastal zone in the City, shall be designated in the review. ... ',
Program 3.20: Housing Eleme~t Annual Report
To retain the Housing Element as a viable policy document, the Planning Department will
undertake an annual review of the Housing Element and schedule an amendment if required. As
required, staff also monitors the City's progress in implementing the Housing Element and
prepares corresponding reports to the City Council, SANDAG, and California Department of
Housing and Community Development annually.
Fair Housing
Equal access to housing is a fundamental right protected by both State and Federal laws. The City
of Carlsbad is committed to fostering a housing environment in which housing opportunities are
available and open to all.
Program 4.1: Fair Housing Services
With assistance from outside fair housing agencies, the City will continue to offer fair housing
services to its residents and property o\\'Tiers. Services include:
• Distributing educational materials to property owners, apartment managers, and tenants;
• Making public announcements via different media (e.g. newspaper ads and public service
announcements at local radio and television channels);
• Conducting public presentations with different community groups;
• Monitoring and responding to complaints of discrimination (i.e. intaking, investigation of
complaints, and resolution); and
• Referring services to appropriate agencies.
(
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
GPA 03-02
2005-2010 Housing Element
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
~Aesthetics
[X/ Agricultural Resources
~Air Quality
~Biological Resources
~Cultural Resources
~Geology/Soils ~Noise
~Hazards/Hazardous Materials D Population and Housing
[X/ Hydrology/Water Quality
D Land Use and Planning
D Mineral Resources
~Mandatory Findings of
Significance
2
~Public Services
D Recreation
~ Transp01tation/Circulation
~Utilities & Service Systems
Rev. 11117/08
GPA 03-02
2005-2010 Housing Element
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, A1iicle 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The
Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and provides
the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR),
Negative Declaration, or to rely on a previously approved EIR or Negative Declaration.
•
•
•
•
•
A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by an information source cited in the parentheses following each question. A "No Impact" answer is
adequately supp01ied if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A "No Impact" answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
"Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
"Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced ~n effect from "Potentially Significant Impact" to a "Less Than Significant Impact."
The developer must agree to the mitigation, and the City must describe tlie mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse.
Based on an "EIA-Jnitial S:tudy",-if a proposed project cci.uld have a potentially significant adverse effect on
the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an
earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided
or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or
mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made
pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an ElR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially
Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration
may be prepared.
4 Rev. 11117/08
~~!'' .J ' ,,
! ._~' t.
GPA 03-02
2005-2010 Housing Element
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (I) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) tlu·ough the
EIA-lnitial Study analysis it is not possible to determine the level of significance for a potentially adverse
effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to
below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions.
Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined
significant. --
5 Rev. 11117/08
~'·· (':1
__,) ;i
I. AESTHETICS-Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
Potentially
Significant
Impact
D
D
D
D
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
D
D
D
D
No
Impact
D
D
D
D
a-c) Potentially Significant Unless Mitigation Incorporated .. The City of Carlsbad is a coastal city comprised
of a diverse scenic landscape with coastal bluffs, several lagoons, and various valleys and canyons sun-ounded by
rolling foothills. Much ofthe City is in open space, with scenic resources prevalent throughout the City.
The Draft Housing Element will not result directly in the construction of any housing. However, all future
development facilitated by the Draft Housing Element policies and programs will be' reviewed and constructed in
accordance with the City of Carlsbad Municipal Code and the Local Coastal Program.: .Many of the scenic resources
in Carlsbad are areas precluded frehl development by existing City regulations. H·ousing development will be
subject to development standards such as Title 21, which precludes development on beaches, bodies of water,
natural slopes over 40%, significant wetlands, or significant riparian or woodland habitats. In addition, Carlsbad's
Growth Management policies require 15% of the developable land in the City to be preserved as open space. The
Local Coastal Program includes policies that preserve sensitive natural resources, significant slopes and public
views.
The City is not located near a State Scenic highway (California Department of Transportation). The City has
adopted Scenic Corridor Guidelines for several major Carlsbad streets and the railroad. Cun-ently, only the El
Camino Real corridor features an overlay zone with specific development standards to recognize its scenic
designation, although the adopted Scenic Corridor Guidelines contain general criteria for landscaping, site design
and architecture, and signs. All projects adjacent to El Camino Real and other streets designated as scenic con-idors,
including housing developments, are reviewed for consistency with these standards and guidelines.
All future development facilitated by the Draft Housing Element policies and programs will be reviewed and
constructed in accordance with the City of Carlsbad Municipal Code and the Local Coastal Program. However, as
the City develops, scenic resources could be negatively affected, which is considered a significant impact.
Implementation of the following mitigation measures wi11 reduce these impacts to a less than significant level.
Mitigation Measures
• A-1 As applicable, all future development projects m the City shaJJ comply with the following
requirements:
o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act-Preservation of
steep slopes ( 40% or greater) and other environmentally constrained areas (i.e., wetlands and
flood ways).
o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat
Management Plan.
6 Rev. 12113/07
o El Camino Real Corridor Development Standards.
GPA 03-02
2005-2010 Housing Element
o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape
buffers, reduction of slope heights and grading, sensitive hillside architecture).
o Planned Development Ordinance and Design Guidelines Manual.
o Landscape Guidelines Manual
o City Council Policy No. 44 -Architectural Guidelines for the Development of Livable
Communities.
o City Council Policy No. 66-Principles for the Development of Livable Neighborhoods
o Gro\vth Management Ordinance-Requirement for 15% performance standards open space
o Zoning Regulations (i.e., setback, coverage, signage, and height, etc.)
o City of Carlsbad Local Coastal Program
• A-2 As applicable, all future development projects in the City shall comply with the following General
Plan policies:
o Arrange land use so that they preserve community identity and are orderly, functionally efficient,
healthful, con~·enient to the public and aesthetically pleasing. (Land Use Element, Overall Land
Use Pattern, C.1)
o Ensure that the review of future projects places a high priority. on the compatibility of adjacent land
uses. (Land Use Element, Overall Land Use Pattern, C.2)
o Re:--iew the architecture of buildings with a foc_us on ensuring the quality and integrity of design
and enhancement of the_ character of each neighborhood. (Land Use Element, Overall Land Use
Pattern, C:6) · ·
o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the
appearance of natural hillsides (Land Use Element, Environmental, C.3)
d.) Potentially Significant impact Unless Mitigation Incorporated. Future housing facilitated by the Draft
Housing Element could introduce new sources of light (street lights, security lighting, etc.), and substantia1light and
glare affecting nighttime views is an aesthetic concern. New sources of light due to urban development could also
have a negative affect when adjacent to open space and sensitive natural resource areas. These impacts are
considered significant without mitigation; however, implementation of the following mitigation measures will
reduce the impacts to a less than significant level.
• A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior
lighting plan, including parking areas, recreation areas and other applicable components of residential
projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property. For any lighting adjacent to or within I 00 feet of open space and sensitive habitat areas, the
lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat
Management Plan.
• A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive
receptors to light, including sensitive habitats.
• A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting
recommendations foun}l in the Adjacency Standards of the Carlsbad Habitat Management Plan, including
the following:
o Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility
use and safety and security purposes.
7 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
o Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting,
spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is
focused downward.
o A void excessive lighting in developments adjacent to linkages through appropriate placement and
shielding of light sources.
II. AGRICULTURAL RESOURCES -(In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) Convert Prime Farinland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoriing for agricultural use, or
a Williamson Act contract?
c) Involve other changes in the ex1stmg environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D D
D
D D
a, c) Potentially Significant Unless Mitigation Incorporated. According to the San Diego County Important
Farmland 2006 map, published by the California Department of Conservation, Farmland Mapping and Monitoring
Program, the City of Carlsbad contains a limited number of areas considered Prime Farmland and Farmland of
Statewide Importance. The Draft Housing Element will not alter existing General Plan policies and designations or
Zoning Ordinance standards regarding agricultural resources. Additionally, the City's Local Coastal Program (LCP)
policies address the issue of premature conversion of agricultural lands to urban uses by establishing programs
which require mitigation, including impact fees, for agricultural conversion.
The existing General Plan and goals and policies regarding agricultural uses provide for the preservation of
agricultural lands and prevention of their premature conversjon to urban uses. While the City supports agriculture, it
also recognizes its possible transition to urban uses. Where important farmlands exist, this could result in
significant impacts if these lands are converted to urban uses. Implementation of the following mitigation measures
will reduce these impacts to a less than significant level.
• AR-1 Within the Coastal Zone, projects that would convert farmland must comply with the agricultural
conversion requirements of the Local Coastal Program.
• AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must
be prepared to identify potential impacts to important agricultural lands.
8 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
b. No Impact) There are no Williamson Act contracts in effect in Carlsbad and the Draft Housing Element does not
propose to convert any properties currently zoned for agriculture .to residential uses; therefore, no impact is
assessed.
III. AIR QUALITY -(Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantit~tive thresholds for
ozone precursors)?·
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people? .,
Potentially
Significant
Impact
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant
Impact
D
D
D
No
Impact
D
D
D
D
a) No Impact. The Draft Housing Element does not include any proposal for the physical development of any site.
Policies are intended to facilitate housing development with the adopted General Plan land use policies, the City's
Growth Management Program, and regional growth assumptions.
The project site (citywide) is located in the San Diego Air Basin which is a state non-attainment area for ozone (03)
and for particulate matter less than or equal to l 0 microns in diameter (PM 10). The periodic violations of national
Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland
foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve
air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality
Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of
Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB)'after public hearings on November 9th through lOth in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, pat1icularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
9 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact. Implementation of the policies and programs of
the Draft Housing Element will not increase the number of dwelling units in Carlsbad beyond that already
anticipated by the General Plan and Growth Management Plan, therefore the Draft Housing Element is consistent
with the growth assumptions utilized in the air quality planning document.
Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transpo1iation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. As discussed above, the Draft Housing Element is a policy document and does not include any
proposal for physical development of any property. The Element plans for housing consistent with the General Plan
land use policies and regional growth policy, as expressed through SANDAG's RHNA allocation. Thus, given that
the RAQS are developed based· on jurisdictions' long-range plans, the project is consistent with the regional air
quality plan and will in no way conflict or obstruct implementation of the regional plan. Furthermore, the Draft
Housing Element encourages infill and mixed-use development, which will assist in achieving regional air quality
goals. No significant impact is identified.
b) Potentially Significant Unless Mitigation Incorporated. The closest air quality monitoring station to the
project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004
indicate that the most recent air quality violations recorded were fur the state one hour.standard for ozone (a total of
10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-
year time period.
The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include
a proposal for physical development of any site. Any development facilitated by the Draft Housing Element would
involve minimal short-term emissions associated with grading and construction. Such emissions would be
minimized through standard construction measures such as the use of properly tuned equipment and watering the
site for dust control.
Long-term emissions associated with housing projects facilitated by the Draft Housing Element would be consistent
with those emissions already anticipated by the General Plan build out assumptions. Although air pollutant
emissions would be associated with these projects, they would neither result in the violation of any air quality
standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute
substantially to an existing or projected air quality violation. Furthermore, the General Plan EIR included air quality
mitigation measures to which any future project would be subject, which will reduce air quality impacts. Future
environmental assessments will be conducted to ascertain potential project-specific air quality impacts and
compliance with appropriate regulatory authorities. Adherence to applicable standards related to the generation and
control of air quality will reduce potential impacts. Any impact is assessed as less than significant.
Any development facilitated by the Draft Housing Element would involve short-term emissions associated with
grading and construction. Impacts, which include tailpipe emissions from construction equipment and dust, are
considered a significant impact. Implementation of the following mitigation measure will reduce the impacts to a
less than significant level.
• AQ-1 Future development shall comply with the following requirements as applicable:
o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt
stockpiles as necessary to prevent or suppress particulate matter from becoming airborne. All soil
10 Rev. 12/13/07
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2005-2010 Housing Element
to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent
windblown dust.
o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and
shall be sufficiently wetted down or covered with a secure tarp to prevent dust generation during
transpmt.
o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles
per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind
speed.
o Dirt and debris spilled onto paved surfaces at the project site and on the adjacent roadway shall be
swept or vacuumed and disposed of at the end of each workday to reduce resuspension of
particulate matter caused by vehicle movement.
o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion
of work in the area, where appropriate.
o Electrical power ~hall be provided from commercial power supply wherever feasible, to avoid or
minimize the use of engine-driven generators.
o Air filters on construction equipment engines shall be maintained in clean condition according to
manufacturers ~specifications.
o The construction contractor shall comply with the approved traffic control plan to reduce non-
project traffic congestion impacts. Methods to reduce construction interference with existing
traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated
into this plan.
o Trucks and equipment shall not idle for more tha~ 15 minutes when l}~t in service.
c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and
suspended fine particulates. The Draft Housing Element is a policy level document that analyzes adopted land use
policies and does not include a proposal for physical development of any site. Any development facilitated by the
Draft Housing Element would represent a contribution to a cumulatively considerable potential net increase in
emissions throughout the air basin.· As described above, however, emissions associated with potential future
housing projects would be consistent with those already anticipated by the General Plan build out assumptions.
Given that the Draft Housing Element is within the limits of the General Plan, air quality would be essentially the
same whether or not the Draft Housing Element is implemented, as build out of the General Plan could still occur.
According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative
impact is considered de minimus. Future environmental assessments will be conducted to ascertain potential
project-specific air quality impacts and compliance with appropriate regulatory authorities. Adherence to applicable
standards related to the generation and control of air quality will reduce potential impacts.
The Draft Housing Element includes programs to encourage mixed use and higher-density residential development.
Mixed-use development in Carlsbad has the benefit of potentially reducing both work and non-work related trips by
future residents in the area, which could reduce air quality impacts as compared to typical single use development
patterns. Furthermore, Carlsbad requires higher density· housing to be near transit services, commercial and
employment centers, which could also reduce auto emissions. Along these lines, all four areas of Carlsbad that the
San Diego Association of Governments (SANDAG) has designated as existing/planned or potential smart growth
areas are specified in the Draft Housing Element as proposed locations for enhanced existing or future mixed use
and higher density residential development. Smart growth areas must meet certain housing and employment target
densities and transit service thresholds. In Carlsbad, proposed smart growth areas are Plaza Camino Real, Ponto,
Quarry Creek and the Village Redevelopment area/Proposed Barrio Area. Any impact in this area is assessed as less
than significant.
Global Warming/Climate Chmwe
"G Jabal warming" is the term used to describe very widespread climate change characterized by a rise in the Earth's
ambient average temperatures with associated disturbances in weather patterns and resulting alteration of oceanic
11 Rev. 12/13/07
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and terrestrial environs and biology. The predominant opinion within the scientific community is that global
warming is currently occurring, and that it is being caused and/or accelerated by human activities, primarily the
generation of "greenhouse gases" (GHG). The types of GHG include those related to land use, such as carbon
dioxide and nitrous oxide, which are generated by various activities that include the burning of fossil fuels.
California State Assembly Bill 32 (AB 32) established a state goal of reducing GHG emissions to 1990 levels by the
year 2020, and California State Senate Bill 97 (SB 97) amends CEQA to establish GHG emissions and their effects
as appropriate for CEQA analysis. SB 97 also directs the Governor's Office of Planning and Research to prepare
guidelines for the mitigation ofGHG emissions by July I, 2009 and transmit those draft regulations to the California
Air Resources Board, which must certify and adopt these guidelines by January I, 2010.
The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include
a proposal for physical development of any site. Without specific project details for future projects, and
furthermore, in the absence of regulatory guidance to assist any lead agencies in determining whether a pmiicular--
project will have a significant impact on global warming, it is not possible to determine impacts to air quality in
relation to global warming. Any future developi11ent proposal that is facilitated by Draft Housing Element policies
and programs will be subject to fllliher environmental review pursuant to CEQA on a site-specific basis.
d) Less than Significant Impact. The Draft Housing Element does not include a proposal for physicat
development of any site, however, implementation of the Draft Housing Element could facilitate new housing
construction. The Draft Housing Element applies citywide and new housing· could be built next to sensitive
receptors, such as schools and hospitals. However, residential land uses and mixed use that allows residential uses
generally would be considered compatible with sensitive receptor sites as they do not generate the types of
pollutants typically considered harmful to these sites, or excessive concentrations of pollutants. Impacts will be less
than significant.
e) Potentially Significant Unless l\:fitigation Incorporated. Al.though the Draft Housing Element will not result
directly in the construction of any liousing, housing development could be facilitated by the implementation of the
Housing Element. Objectionable odors are generally created by nonresidential uses, such as industrial and
manufacturing businesses. Development facilitated by the Draft Housing Element would be exclusively residential
units on residentially designated land and mixed-use developments in commercial areas; these uses typically are not
associated with the creation of objectionable odors. However, the construction of any projects facilitated by the
Draft Housing Element could generate fumes from the operation of construction equipment, which may be
considered objectionable by some people. While such exposure would be shoJi-term or transient, it may be
considered significant. Implementation of the above Mitigation Measure AQ-1 would reduce this impact to a Jess
than significant level.
IV. BIOLOGICAL RESOURCES -Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
ofFish and Game or U.S. Fish and Wildlife Service?
12
Potentially
Significant
Jmpact
D
D
Potentially
Significant
Unless
Mitigation
lncorporated
~
Less Than
Significant No
lmpact Impact
D D
D D
Rev. 12/1 3/07
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife co1Tidors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
-· f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
Potentially
Significant
Impact
D
D
D
D
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
~
[;gJ
Less Than
Significant
Impact
D
D
D
.D
No
Impact
D
D
D
D
a-d) Potentially Significant Unless Mitigation Incorporated .. The Draft Housing,Eiement is a policy document
and will not result directly in the approval or -construction of any noiising. However, 'adoption of the Draft Housing
Element will facilitate housing production, which could have an impact on sensitive species and wildlife, habitat,
wetlands and other resources.
The San Diego Multiple Habitat Conservation Program (MHCP) includes a subregional plan for the northwestern
portion of the County, including Carlsbad, and was approved by the San Diego Asso'ciation of Governments on
March 23, 2003. The subregional plan provides for the conservation of 77 sensitive species. On November 15,
2004, the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) was approved, and
provides for the conservation of 43 sensitive species. In addition, the HMP has identified and mapped a preserve
system for the City. Any housing development facilitated by the Draft Housing Element will be subject to, and
required to comply with, the requirements of these documents.
Portions of the City identified by the General Plan for residential development have been identified by the HMP as
including potentially sensitive habitat resources. For any future project that may impact sensitive habitat or species,
a detailed biological resource study is required, as well as any applicable state and federal agency permits, as
outlined in the HMP.
Without the filing of a proposed development application with studies and plans, it is not possible to analyze and
detennine aJI the specific biological impacts a project may have. However, construction. of housing pursuant to the
proposed Draft Housing Element could result in the following potentially significant impacts:
• Per the City's HMP, housing construction could result in long-term impacts if sensitive species or habitats
are permanently destroyed or degraded. This would also result in a cumulative impact to biological
resources.
• Long-term or permanent impacts could result from Joss of sensitive habitats within the Coastal Zone. This
would contribute to the regional loss of sensitive habitats, resulting in a cumulative impact.
• The Joss of state and/or federally listed plant species is considered a significant impact. The Joss of
sensitive plant species at a regional level would contribute to a cumulative impact.
13 Rev. 12113/07
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2005-20 I 0 Housing Element
• Development that results in substantial vegetation clearing or impede wildlife movement within Core Areas
and linkages would result in a significant impact.
• Construction and occupancy of housing adjacent to sensitive species or habitats may have permanent or
temporary direct and indirect negative impacts, such as from invasive species, runoff, and construction
noise.
Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact
sensitive habitats and species. These mitigation measures could be made conditions of a project approval, or the
measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any
case, adherence to these measures and City standards will reduce potential impacts to a less than significant level.
•
•
•
BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the
City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the--
Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but
not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for
Biological Studies," dated May 29, 2008, and as may be amended from time to time
BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the
City, a biology resources technical report (BTR) shall be prepared. The BTR shall provide the necessary
information to establislf the current status of biological resources within-a project footprint, an analysis of
potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a
level of significance. The format and content of the BTR shall be similar to report standards outlined in the
City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time.
Future project level environmental review that would impact biological resom;ces would be provided to the
Wildlife Agencies for review to verify consistency with the City's HMP.
-. . BR-3 Implemen(ation of the mitigation measures BR-3a through BR-3d would be required for projects that
would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of
significance, Note that the descriptions ofType A through F habitats are per Table 11 of the HMP. Avoidance
and on:site mitigation are the priority.
o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh,
estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands,
flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net
loss of habitat value or function shall be met. Habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with the USFWS, USACE, and CDFG as
appropriate in accordance with the requirements of the federal CW A, federal wetland policies, and
the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland
habitats shall be in the City or MHCP plan area, at a ratio to be dete1mined by the applicable
resource agencies at the time of project permitting.
o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent
·scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an
appropriate ratio based on habitat quality and quantity as determined in coordination with the
applicable resource agencies at the time of project permitting.
o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be
mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as
determined in coordination with the applicable resource agencies at the time of project permitting.
o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix,
chaparral), Ty.pe E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite.
• BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied
associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird
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2005-2010 Housing Element
breeding season (February 15 -September 15). If construction activities cannot be avoided during this time
the following measures shall be taken:
o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate
habitat within and surrounding the project areas. The surveys will consist oftlu·ee visits, one Vl'eek
apart; the last of these shall be conducted no more than three days prior to construction.
o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting
rap tors and migratory birds (including, but not limited to, the least Bell's vireo) within three days
of construction.
o BR-4c lf nests of sensitive species, migratory birds, or raptors are located, the project applicant
shall receive confirmation from the biologist that construction may proceed or continue and
implement any necessary mitigation measures.
o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a
threshold at or below 60 dB A hourly Leq within 300 feet of breeding habitat occupied by listed
species. If noise levels superseded the threshold, the construction aJTay will be changed or noise
attenuation measures will be implemented.
• BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species
prior to construction, a~detennined by the Wildlife Agencies.
• BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation
shall be required at ratios consistent with requirements ofthe HMP, including Standards 7-1 through 7-14
of Section D? and the policies and provisions of the LCP.
• BR-7 Mitigation ratios shall be consistent with the provisions of the HM,P and Local Coastal Program.
For all projects aff~cting rjparian and wetland habitat, habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with the USFWS, USACE, and CDFG as
appropriate in accordance with the requirements of the federal CW A, federal wetland policies, and the
California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that
viable wetlands can either be: I) created at a minimum ratio of I: I within close proximity of the impact
area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation
credits at a minimum ratio of I: I have been purchased at a Wildlife Agency approved bank. Consistent
with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by
listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For projects where wetland
creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site
with long-tenn value is identified and the wetland mitigation plan is approved by the appropriate Resource
Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities.
All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as
deemed appropriate by the Wildlife Agencies.
• BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to
complete a determination of suitable habitat presence prior to issuance of any discretionary penn its by the
City. Surveys shall be conducted at a time when sensitive plant species would be most observable.
• BR-9 At the project design stage for projects located within key Core Areas and linkages, design measures
and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad.
• BR-1 0 Projects shall somply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the
HMP.
• BR-11 During clearing, grading, and other construction actiVIties, ensure that proper irrigation and
stonnwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination
from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided
and minimized through watering and other appropriate measures.
15 Rev. 12/13/07
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2005-20 I 0 Housing Element
e-I) Potentially Significant Unless Mitigation Incorporated. General Plan policies, the Habitat Management
Plan and its implementing ordinance (Chapter 21.210 of the Zoning Ordinance), and the Open Space Management
Plan are the City's policies and ordinances protecting biological resources. The Housing Element does not conflict
with any applicable habitat conservation plan, including the Carlsbad HMP. However, construction of housing
facilitated by adoption of the Draft Housing Element could conflict with these requirements. Compliance with the
biological resources mitigation measures identified above will ensure consistency with local requirements.
Additionally, Draft Housing Element programs do not propose housing in any areas designated by the General Plan
as Open Space.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation . Significant No
Impact Incorporated· Impact Impact
V. CULTURAL RESOURCES-Would theproject:
a) Cause a substantial-adverse change Ill the D D D significance of a historical resource as defined in
§15064.5?
b) Cause a substantiaJ-·adverse change in the signifi-D ~ D D cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique pale D ~ D D ontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred D [gJ D D outside of formal cemeteries?
a -d) Potentially Significant Unless Mitigation Incorporated. According to the Carlsbad General Plan Master
EIR (1994), Carlsbad contains many areas of significant paleontological and cultural resources; this has been
reinforced by numerous studies prepared for the many master plan and development projects processed by the City
since the General Plan's adoption in 1994. Recognizing the value of Carlsbad's prehistoric, historic, and
paleontological heritage, the General Plan includes policies to address potential impacts on cultural and
paleontological resources resulting from development projects. The City of Carlsbad Historic Resources Inventory
has identified all historic structures throughout the City for the purpose of preserving historic resources. In 2009, the
City completed consultation with the San Luis Rey Band of Mission Indians on the Draft Housing Element pursuant
to California Government Code 65352.3. The Band identified the potential for significant impacts to Native
American cultural resources due to housing constructed pursuant to the Draft Housing Element.
While the Draft Housing Element will not result directly in the approval or construction of any housing, its adoption
and implementation will facilitate housing production, which could impact cultural resources. Pursuant to standard
City practice and mitigation measures, future housing developments proposed in whole or in part that implement the
programs contained in the Draft Housing Element will require a site-specific assessment of potential impacts to
paleontological and archeological resources pursuant to CEQA and associated local, state and federal regulations. It
is standard City practice to consult the City of Carlsbad Historic Resources Inventory to ensure that no historic
structures will be demolished. If a site has the potential of containing paleontological and archeological sensitive
resources, a cultural or paleontological resources survey report is required.
Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact
cultural resources when avoidance is not feasible. Such projects would be those that, for example, encroach into
areas with intact native soils or areas not adequately surveyed or undisturbed, including projects requiring surface
disturbance in undeveloped areas. These mitigation measures could be made conditions of a project approval, or the
measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any
case, adherence to these measures and City standards will reduce potential impacts to a less than significant level.
16 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
• CR-1 The following mitigation measures will be required if a project is located in an undeveloped area
that could potentially impact significant cultural deposits.
o CR-1a Preconstruction Requirements -Prior to the sta1i of construction, a pedestrian survey
shall be conducted under the supervision of a qualified archaeologist for previously undisturbed
areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with
outdated or non-protocol methods). The survey shall be conducted in parallel linear transects
spaced no farther than 10 meters apa1t in undeveloped areas.
• CR-la(l) Cultural resources, if found during the survey, shall be photographed,
mapped using a global positioning system (GPS), and recorded on the appropriate Califomia
Department of Parks and Recreation forms (DPR Fonn 523A/B). The fon11S shall be
submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey.
CR-1a(2) Within l month of completion of the field survey, a draft letter repOii or
technical report shall be submitted to the City for review, whether the survey is negative or
positive. A final report shall be submitted within 6 weeks of receipt of the City's comments,
with a copy submitted to the SCIC for their files.
o CR-1 b If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated
archival search, if needed, as well as additional detailed field testing. Local Native American groups
shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable,
the City will execute a Pre-Excavation Agreement with the appropriate Native American groups.
•
•
•
CR-1 b(l) Prior to the start of field testing, surface artifacts and/or features shall be
marked and mapped using a GPS. Testing shall be required if surface artifacts are
discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define
site boundaries and identify the potential for a substantial subsurface deposit.
• 0 '
CR" 1 b(2) _ -Based on the results-of the STPs, additional measures such as Test
Excavation Units or mechanical trenching (for substantial historic sites) would be placed in
areas with the potential for a substantial subsurface deposit, as dete1mined by the qualified
archeologist.
CR-1 b(3) All excavated soils shall be screened through 118-inch mesh hardware
cloth. On completion of the project the artifact collection, along with copies of the catalogs
and the technical report, shall be permanently curated at the San Diego Archaeological
Center. An updated site record shall be prepared and submitted to the SCJC.
CR-1 b( 4) Within 3 months of completion of the fieldwork, a draft technical report
including evaluations and recommendations shall be prepared and submitted. The final
technical report shall be submitted within 6 weeks of receipt of the City's comments.
• CR-2 Monitoring Requirements -Construction monitoring will be required for projects that involve
excavation or grading within undisturbed native soils and could potentially impact subsurface cultural
deposits.
o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall
verify that the requirements for archaeological monitoring and Native American monitoring, if
applicable, have been noted on the appropriate construction documents. The applicant shall retain a
qualified archaeologist to verify that a records search has been completed and updated, as necessary,
and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall
submit to the PD a copy of the site/grading plan that identifies areas to be monitored.
o CR-2b The q~ualified archaeologist shall be present full-time during grading/
excavation of native soils with the potential to contain buried cultural features or deposits and shall
document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline,
laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as
detailed on the plans or in the contract documents. It is the construction manager's responsibility to
keep the archaeological monitors up-to-date with current plans.
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1005-2010 Housing Element
o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor
is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area
of the discovery to allow for preliminary evaluation of potentially significant archaeological resources.
The PI shall also immedia~ely notify the construction manager and the PD of such findings at the time
of discovery.
• CR-2c(l) The significance of the discovered resources shall be assessed by the Pl. For
significant archaeological resources, a Research Design and Data Recovery Program shall be
prepared and implemented by the qualified archaeologist. The results of the Research Design
and Data Recovery Program shall be approved by the City before ground-disturbing activities
in the area of discovery shall be allowed to resume.
o CR-2d If human remains are discovered, work shall halt in that area and procedures set forth in the
California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5)
shall be implemented. Construction in that area shall not resume until -the remains have been--
evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI.
o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The
archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned,
catalogued, and pennanently curated with an appropriate institution; that a letter of acceptance from
the curation institution has been submitted to the Planning Department; that all artifacts are analyzed
to identify function and chronology as they relate to the history.of the area; that faunal material is
identified as to species; and that specialty studies are completed, as appropriate.
o CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if
negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions
of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD
for approval. For significant archaeological resources encountered during monitoring, the Research
Design and Data Recover).>-Program shall be i(lcfuded as part of the Draft Results Report. The
qualified archaeologist shall be responsible for recording (on the appropriate State of Califomia
Department of Park and Recreation forms-DPR 523 AlB) any significant or potentially significant
resources encountered during the Archaeological Monitoring Program, and submitting such fonns to
the SCIC with the Final Results Report.
• CR-3 The following paleontological mitigation measures shall be implemented:
o CR-3a: Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed grading
will impact fossil resources.
o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before
construction. If the paleontologist's report finds the project will not significantly impact fossil
resources, this mitigation measure shall be considered fulfilled and no further effort to comply
with this measure shall be required.
o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic
strata, it may be necessary to collect matrix samples for laboratory processing through fine
screens.
o CR-3d The paleontologist shall make periodic reports to the Planning Director during the
grading process.
o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
18 Rev. 12/13/07
VI. GEOLOGY AND SOILS-Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of Joss, injury or
death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or. based on other
substantial evidence of a known ·fault? Refer to
Division of Mines and Geology Special
Publication 42.
11. Strong seismic ground shaking?
111. Seismic-related ground failure, including
liquefaction?
1v. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Section
1802.3.2 of the California Building Code (2007),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal ofwastewater?
Potentially
Significant
Impact
D
D
D
D
D
D
D
D
GPA 03-02
2005-20 l 0 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
a.i) No Impact. According to the maps published by the California Geological Survey, the City of Carlsbad is not
located within an Alquist-Priolo Earthquake Fault Zone. No known active faults, fault traces, or suspected faults
traverse the City. The nearest known active fault is the Rose Canyon fault zone, located ;:~pproximately three to four
miles offshore. No impact is assessed as no known earthquake faults will be affected by future housing projects
facilitated by the Draft Housing Element.
a.ii-a.iv. Potentially Significant Impact Unless Mitigation Incorporated. The City is not subject to any unique
earthquake hazards; however, there are several active faults throughout Southern California, and these potential
earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. Potential for seismic
ground shaking, seismic-related ground failure, and landslides are considered a significant impact. Implementation
of the following mitigation measures would reduce this impact to a less than significant level.
Mitigation Measures
19 Rev. 12/13/07
53
GPA 03-02
2005-2010 Housing Element
• GS-1 A site-specific geotechnical investigation shall be prepared to address geotechnical considerations
related to future housing development facilitated by the Draft Housing Element, specifically project
components that would involve excavation, grading, or construction of new structures. The rep01t shaH
contain all necessary requirements to address any adverse soils conditions that may be encountered in final
design of a project. The applicant-shall be required to adhere to all such requirements. The report shaJI
include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to
determine the potential for strong ground acceleration and ground shaking; potential groundwater issues;
and structural dt:sign recommendations. The soil engineer and engineering geologist shaJI review the
grading plans for adequate incorporation of recommended measures prior to finalization.
• GS-2 AJI future projects shall be designed and constructed in conformance to the Uniform Building
Code, current seismic design specifications of the Structural Engineering Association of California, and
other regulatory requirements.
b) Potentially Significant Unless Mitigation Incorporated. A variety of soil types, including those that are
considered very erosive, are found throughout Carlsbad. Due to the sensitive habitats at the lagoons and creeks
located in Carlsbad, erosion as a result of development can significantly impact water quality. Erosive soils may be
located on future project sites facilitated by the Draft Housing Element, and as such, the potential for erosion is
considered significant. Implementation of the following mitigation measures would reduce this impact to a less than
significant level.
Mitigation Measures
• GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate
that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Storm water
Mitigation Plan (SUSMP), . General Construction Sfonnwater Permit, 'and the General Municipal
Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
• GS-4 All applicable federal, state and local pennits regarding drainage shall be obtained. Such permits
include the General Construction Stormwater Permit from the Regional Water Quality Control Board.
• GS-5 Future development shaJI comply with the following requirements as applicable:
o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance
with the City's grading and erosion control requirements (Municipal Code§ 15.16 et.seq.). The
locations of all erosion control devices shall be noted on plans included in the SWPPP.
o AJI grading penn its issued authorizing grading during the rainy season (October 1 of any year to
April 301h of the following year), shall require the installation of all erosion and sedimentation
control protective measures in accordance with city standards. Erosion and runoff control
measures shaJI be designed and bonded prior to approval of grading permits by the City.
o All permanent slopes shall be planted with erosion control vegetation, drained and properly
maintained to reduce erosion within 30 days of completion of grading. Erosion control and
drainage devices shall be installed in compliance with the requirements ofthe City.
o AJI erosion and sedimentation control protective measures shall be maintained in good working
order through out the duration of the rainy season unless it can be demonstrated to the City
Engineer that their removal at an earlier date wiJI not result in any unnecessary erosion of or
sedimentation on public or private properties.
c-e) Potentially Significant Impact Unless Mitigation Incorporated. According to the Carlsbad General Plan
EIR (1994), generally the soil types present throughout the City can support development. However, geotechnical
characteristics of soils vary by soil type, and all new development applications require an analysis of site-specific
soils. The Carlsbad General Plan EIR (1994) identifies various areas in the City where soil types exist that are
20 Rev. 12/13/07 5Y
GPA 03-02
2005-2010 Housing Element
potentially unstable or expansive, and where liquefaction, lateral spreading, subsidence, and landslides could
potentially result. All development proposals in Carlsbad are subject to the requirements such as the Uniform
Building Code earthquake construction standards and soil remediation requirements that, when necessary and
applied, guard against potential adverse effects. Locating potential projects on soils that cannot support
development is considered a significant impact. For any future housing projects facilitated by the Draft Housing
Element, implementation of the above Mitigation Measures GS-1 and GS-2 will reduce this impact to a less than
significant level.
VII. HAZARDS AND HAZARDOUS MATERIALS
-Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal ofhazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous material~, substances, or waste
within one-quarter. mile of al! existing or proposed ~
school? -
d) Be located on a site which is included on a Jist of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result m a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
Potentially
Significant
Impact
D
D
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
J ncorporated
D
D
D
D
D-
D
Less Than
Significant No
Impact Impact __
D
D D
D
D D
D
D
D
D
a, c) Less than Significant Impact. The Draft Housing Element is a policy document and will not result directly in
the construction of any housing. Adoption of the Draft Housing Element will facilitate housing production, and
21 Rev. 12113/07
GPA 03-02
2005-20 10 Housing Element
future residences could be exposed to hazards associated with residential, and in the case of mixed use development,
commercial uses. Incidental amounts of hazardous materials may be utilized during the construction and/or
occupation of new residential units and nearby commercial uses in mixed use projects. It is anticipated that the
nature and quantity of hazardous materials utilized will be typical of those of residential and commercial uses and
therefore would not be significant. In addition, the nature and quantity of such materials would not likely create a
significant impact on any existing or proposed school located within one-quatier mile of a residential site.
b) Potentially Significant Unless Mitigation Incorporated. Large areas of the City that cutTently or previously
have been in agricultural use are designated for residential development by the General Plan. Agricultural
chemicals and pesticides may have been used and stored on these propetiies, which could impact future residential
development. Likewise, other areas of the Carlsbad, such as the Quarry Creek site discussed in d) below or
commercial areas, may have contaminated soils or groundwater due to the presence of former or existing non-
agricultural uses, such as gas stations, above or below ground storage tanks, dumps, o,r industrial operations. __
Furthermore, redevelopment in older parts of Carlsbad, such as in the downtown Village or Barrio Areas, may
expose construction workers to hazardous materials during demolition activities. Development of sites with such
contamination may expose people to release of hazardous materials, a potentially significant impact.
In response, for any future housing project facilitated by the implementation of the Draft Housing Element, if a site
has the potential of containing agricultural chemicals and pesticides or other soi.I contaminants, a soils testing and
analysis report is required. Monitoring and sampling of groundwater may also be necessary along with groundwater
and soil remediation to ensure all contaminants are removed. As identified below and as may be further refined
during project review, any recommended mitigation measures would be made conditions of any project approval.
Adherence to these measures and existing federal, state, and local regulations will reduce potential impacts to a less
than significant level.
A proposed Draft Housing Element program would permit emergency shelters in the,City's industrial zones. These
zones may contain uses that routinely _use, transport or dispos-e of· hazardous materials. As with all uses locating in
the P-M or M zones, siting an emergency shelter will require consideration be given to the presence of surrounding
industrial uses that may employ chemicals or hazardous materials or procedures that could pose a threat. Such
surrounding uses may render a potential emergency shelter location as unsuitable or may require additional building
requirements. While it is not possible to determine if such conditions exist until a specific site is identified,
mitigation measures can be developed to ensure due consideration is given to potential hazards associated with
industrial areas. Any emergency shelter proposed pursuant to the Draft Housing Element will be subject to site-
specific environmental review to ensure compliance with all applicable city land use policies and regulations,
including fire and building codes.
Staff has prepared a Jist of mitigation measures that would be applicable to projects with the potential to be
significantly impacted by the routine use or accidental release of hazardous materials. These mitigation measures
could be made conditions of a project approval, or the measures may be refined or found unnecessary as detailed
planning and study specific to the project occurs. In any case, adherence to these measures and City standards will
reduce potential impacts to a less than significant level.
• HM-1 Prior to approval of discretionary permits for projects within (1) an existing or former agricultural
area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of
hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils
engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH)
for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or
storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible
mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected
at concentrations in the ~oil which would have a significantly adverse effect on human health.
• HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to
adversely impact a proposed residential development on an adjacent parcel, mitigation measures including
but not limited to physical barriers and/or separation between the uses shall be considered.
• HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing
within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local
22 Rev. 12/l3/07
GPA 03-02
2005-20 I 0 Housing Element
agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine
transport, use or disposal of hazardous materials or through reasonable foreseeable upset and accident
conditions involving the release of hazardous materials into the environment.
• HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current,
local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an
experienced environmental consultant prior to removal.
• HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures
shall be visually inspected. Should hazardous materials be encountered, the materials shall be tested and
properly disposed of offsite in accordance with state and federal regulatory requirements. Any stained soils
or surfaces underneath the removed materials shall be sampled. Results of the sampling would indicate the
appropriate level of remediation effm1s that may be required.
• HM-6 Before beginning any remedial· or demolition work, building owners shall contract with a ce11ified
professional to conduct an asbestos survey, consistent with National Emission Standards for hazardous Air
Pollutants (NESHAP) standards to determine the presence of asbestos containing materials. Demolition of
or within existing buildings on individual parcels onsite must comply with State Jaw, which requires a
certified contractor where there is asbestos-related work involving 100 square feet or more or such
materials to ensure that_certain procedures regarding the removal of asbestos are followed.
• HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage
drums, and automobiles) shall be removed offsite and properly disposed of at an approved landfill facility.
Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any
stained soils observed underneath the removed materials shall be sampled. Results of the sampling would
indicate the appropriate level of remediation efforts that ~ay be required. , ,
.. ··.
• HM-8 If unknown wastes or suspect materials are discovered during construction on individual
properties that are believed to involve hazardous waste/materials, the contractor shall:
o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the
public from the area;
o Notify the project engineer of the City of Carlsbad;
o Secure the areas as directed by the project engineer, and;
o Notify the City's hazardous waste/materials coordinator.
d) Potentially Significant Unless Mitigation Incorporated. . The State of California Environmental Protection
Agency on its website maintains the Cortese List, which is the name commonly given to the requirements referenced
by Government Code Section 65962.5. According to the website's Cortese List data resources, Carlsbad has many
sites where cleanup of hazardous materials is underway or has been completed. Most of these sites are located in the
City's commercial and industrial areas. Quarry Creek, proposed in Draft Housing Element Program 2.1 as a site to
be redesignated from lower density to medium and high density residential housing, is identified as a location where
two active cleanup efforts are underway -one due to a leaking underground tank. The Draft Environmental Impact
Report (EIR) for the Former South Coast Quarry Amended Reclamation Plan, the CEQA i:locument prepared for the
reclamation of the Quarry Creek site, describes soil and groundwater remediation efforts underway. The Draft EIR
notes that cleanup is anticipated to occur prior to or during site reclamation; this means that remediation would be
complete before residential development of the site. Because remediation is underway according to all applicable
requirements, the Draft EIR includes no mitigation measures with regards to hazardous materials. Further, the Draft
EIR concludes that all remediated soils would remain on site and there would be no hazards associated with their
redistribution on the site.
The Draft Housing Element may facilitate residential construction, including mixed use development and
emergency shelters, on sites known to be on the C011ese List. Properties on the list are more likely to be those in
commercial and industrial areas and are also more likely to be developed rather than vacant. When applications are
23 Rev. 12113/07
Sl
GPA 03-02
2005-20 l 0 Housing Element
submitted to redesignate the land use of a property or propose development or redevelopment, disclosure of
inclusion on the Cortese List is required-. Because development of such sites could create a significant hazard to the
public or environment if their cleanup was not conducted consistent with all federal, state, and local regulations, a
mitigation measure requires compliance with applicable regulations for any site identified on the Cortese List. These
regulations would also dictate whether property, such as Quarry Creek, could be developed safely while any
remediation was underway or if cleanup needed to occur prior to any development and occupancy of a site. Any
recommended mitigation measures developed consistent with the regulations would be made conditions of any
project approval. Adherence to these measures would reduce potential impacts to a less than significant level.
.aesides the Cortese list, City staff also reviewed the federal Environmental Protection Agency website to determine
if any active sites in Carlsbad are identified on the federal Environmental Protection Agency's CERCUS Database
and Superfund Site Information list. No sites were identified as active. Six sites in Carlsbad are designated
"archived sites" on the Superfund list, which means the site has no further interest under the Federal Superfund
program. The locations of all six sites cannot be determined based on the website data; however, one archived site is
identified as South Coast Asphalt Products with an address of 3701 Haymar Drive. This may be the Quarry Creek-
site.
• HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the
land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese
List (Government Code Section 65962.5) shall be required. If an application is for prope1ty included on the
Cortese List, the applicant shall provide evidence that describes the required remediation process, through
text and graphics, and (1) demonstrates compliance is occurring or has occurred with all applicable federal,
state, and local regulations; (2) describes all necessary actions and approvals to remediate the property and
includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe,
current status, and any monitoring required during and following remediation; (4) discusses any restrictions
on use ofthe property upon reclamation completion; (5) includes all oth~r required infonnation as deemed
necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of
the site. · ·
e-f) No Impact. The McClellan-Palomar Airport is located west ofEl Camino Real and north of Palomar Airpo11
Road inside the boundaries of Carlsbad. The airport is a County owned and operated general aviation facility. The
Airport Land Use Commission is responsible for preparing the Comprehensive Land Use Plan (CLUP) for the area
surrounding the airport, and most recently amended the CLUP in 2004. The City's General Plan conforms to the
CLUP and prohibits residential uses in the nearby vicinity around the airport, including in Runway Protection Zones
and Flight Activity Zones. The Draft Housing Element is consistent with the CLUP and General Plan as no land use
changes are proposed in the airport vicinity.
A proposed Draft Housing Element program would permit emergency shelters in the City's industrial (M and P-M)
zones. These land use zones surround the airport. However, uses involving large gatherings of people (more than
1 00), which may include shelters, are not permitted in Flight Activity or Runway Protection Zones per the CLUP.
As demonstrated in Section 4 of the Draft Housing Element, sufficient properties exist outside the Flight Activity
Zones to accommodate such shelters. Any emergency shelter proposed pursuant to the Draft Housing Element will
be subject to site-specific environmental review to ensure compliance with all applicable city land use policies and
regulations, including the CLUP.
No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant impact will result.
g) Less than Significant Impact. Adoption and implementation of the Draft Housing Element will not impair
implementation of an adopted emergency response plan. According to the Carlsbad General Plan, the City has
adopted the "City of Carlsbad Emergency Plan"; however, this plan does not apply to day-to-day or routine
emergencies, and as such, will not be impacted by the implementation of the Draft Housing Element. Through the
development review process, projects are reviewed by the Carlsbad Fire Department to verify that adequate access
for fire safety equipment is m·aintained and that individual sites can be evacuated in an emergency situation.
Adherence to such requirements and existing City standards will reduce the potential impacts to a less than
significant level. No mitigation measures are required ..
24 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
h) Less than Significant Impact. The City is considered a medium fire hazard area for wildland fires that could
threaten urban arid undeveloped areas. This condition arises from a large area of natural vegetation along the City's
eastern boarder and within City limits. The Draft Housing Element will not directly result in the construction of any
housing. Development facilitated by the implementation of the Draft Housing Element and consistent with adopted
land use policy could place additional homes in or near areas with wildland fire hazards. The City's Landscape
Manual implements preventi·on techniques for wildland fires. Also, through the development review process,
projects are reviewed by the Carlsbad Fire Department ~vhich imposes conditions to minimize fire hazards,
including conditions such as requiring interior sprinklers and fire-safe roofing materials, and ensuring adequate fire
safety equipment access. All future housing development must comply with the Landscape Manual and other
conditions imposed by the Carlsbad Fire Department to minimize fire hazards. Adherence to such requirements and
existing City standards will reduce the potential impacts to a less than significant level. No mitigation measures are .
required.
Vlli. HYDROLOGY AND WATER QUALITY -Would the
project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer .
volume or a lowering of t_he locai ground water table -
level (i.e., the production· rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which pem1its
have been granted)?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on-or off-
site?
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on-or off-
site?
e) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantiafly degrade water quality?
g) Place housing within a I 00-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
Potentially
Significant
Impact
D
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
D
D
D
D
No
Impact
D
D
D
D
D
D
D
Rev. 12/13/07
GPA 03-02
1005-2010 Housing Element
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
h) Place within 1 00-year flood hazard area structures, D D [2J D which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of D k8J D D loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mud flow? D D [2J D
k) Increase erosion (sediment) into receiving surface
waters. D ~ D D
I) Increase pollutant discharges (e.g., heavy metals, D ~ D D pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g. temperature,
dissolved oxygen or turbidity?
m) Change receiving water quality (marine, fresh or D [2J D D wetland waters) during or following construction?
n) Increase any pollutant to an-already impaired water D [g) D D body as listed on the Clean Water Act Section 303(d) :
list?
o) Increase impervious surfaces and associated runoff? D [2J D D
p) Impact aquatic, wetland, or riparian habitat? D ~ D D
q) Result in the exceedance of applicable surface or D ~ D D groundwater receiving water quality objectives or
degradation of beneficial uses?
a), c-1). Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy
document that does not recommend or approve any particular development project. However, implementation of
Draft Housing Element policies and programs will facilitate housing construction, which in turn could generate
additional urban stormwater runoff and affect water quality. Development typically results in increased impervious
areas resulting in more rapid runoff of stormwater, with increased flow rates and volumes downstream. These
increased flows can cause streambed erosion. The 2007 Regional Water Quality Control Board permit includes a
requirement to implement Low Impact Development (LID) features into new development. LID techniques help to
mimic more closely the pre-development runoff characteristics.
The quality of stormwater runoff is regulated under Section 402 of the Clean Water Act and the National Pollutant
Discharge Elimination System (NPDES). The NPDES storm water permit provides a mechanism for monitoring the
discharge of pollutants and for establishing appropriate controls to minimize the entrance of such pollutants into
stormwater runoff. As part of the NPDES permit, each jurisdiction must prepare programmatic guidance
documents, including the Watershed Urban Runoff Management Plan (WURMP), a Jurisdictional Urban Runoff
Management Plan (JURMP), and a Standard Urban Storm Water Mitigation Plan (SUSMP).
The SUSMP and Municipal Storm Water Permit require the City to prevent stormwater pollution and improve the
quality of water flowing into the · stormwater system for all new and existing development through the
implementation of Best Management Practices (BMPs). Through the development review process, the City applies
Source Control and Treatment Control BMPs to all new development projects. Any project facilitated by the Draft
26 Rev. 12113/07
GPA 03-02
2005-2010 Housing Element
Housing Element would be subject to the BMP requirements, as well as all federal, State, regional and local
stormwater requirements. Furthermore, future projects are subject to requirements for a hydrology report to assess
impacts relating to drainage and stormwater runoff. Projects must demonstrate adequate capacity in downstream
drainage systems or show that the development does not increase runoff.
Runoff from residences pursuant to the Draft Housing Element can potentially generate non-stormwater discharges.
Specific development plans will be required to include best management practices (BMPs) specifically targeted to
the anticipated pollutants.
The below mitigation measures ensure a project's compliance with all standards promulgated to ensure water
quality. Projects facilitated by the Draft Housing Element will comply with these measures; fUJthermore, once
project details are known, these mitigation measures may be refined, supplemented or replaced by more appropriate,
specific measures.
• WQ-1 Prior to issuance of a grading permit, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08,
NPDES CAS000002), and the General Municipal Stormwater Permit (On.ier R9-2007-0001, NP~S
CAS0108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control
measures identified below on a weekly basis in accordance with the City's grading and erosion control
requirements (Municipal Code Section 15 .16. et seq.). The locations of all erosion control devices shall be
noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following:
o Silt fence, tiber rolls, or gravel bag berms
o Checkdams
o Street sweeping and vacuuming
o Storm drain inlet protection ·
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil
o Concrete waste management
• WQ-2a. Prior to issuance of grading 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
by the City of Carlsbad City Engineer, a stormwater management plan that demonstrate that pollutants
will be controlled through compliance with the City of Carlsbad SUSMP and Stonnwater Management
Program (SWMP). Approval of such plans shall be subject to a detennination by the Carlsbad City
Engineer that the proposed project has incorporated post-development water quality pollution control site
design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those
identified below into the project design to the maximum extent practicable:
o street sweeping
o inlet basin labeling
o Filtering bioretention units
o Pervious pavement
o Vegetated swales
o Detention/infiltration basins
o Covered trash enclosures
• WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions
of Order R9-2007 -0001 and to show they are designed so that postproject runoff flow rates and directions
do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall
incorporate LJD design techniques to reduce the amount of runoff by mimicking the natural hydrologic
27 Rev. 12/13/07
lo\
GPA 03-02
2005-20 I 0 Housing Element
function of the site by preserving natural open spaces and natural drainage channels, minimizing
impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the
site. up techniques include, but are not limited to:
o Vegetated buffer strips
o Vegetated bio swales
o Rain gardens
o Porous pavements
o Bioretention areas
o Vegetated roofs
o Stormwater planter boxes
o Infiltration trenches
o Dry wells
• WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective
owners and tenants shall be notified in·writing through Covenants, Conditions, and Restrictions (CC&Rs)
that they shall:
o Establish or work with established disposal programs for the removal and proper disposal of toxic
and hazardous waste products.
o Not discharge-Qr cause to be discharged any toxic chemicals or. hydrocarbon compounds, such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such
fluids, into any public or private street or into any storm drain or storm drain conveyance.
o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such
chemical treatments in accordance with federal, State, County, and City requirements as prescribed
on their respective containers.
o Employ BMPs to: eHminate or reduce surface pollutants when p·lanning any changes to the
landscaping and/or surface improvements. Developer shall establish a homeowner's association
and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval.
o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the California Depa1tment of
Real Estate and the Planning Director.
• WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and
stonnwater runoff shall be prepared. Tpe report shall demonstrate compliance with current applicable
hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or
shall demonstrate no increase in runoff peak flows through onsite detention.
b) Less than Significant Impact. It is not anticipated that any development facilitated by adoption of the Draft
Housing Element would interfere substantially with the recharge of groundwater or groundwater supplies. The City
of Carlsbad is not reliant upon groundwater for its domestic water supply. Neither the Final Master Environmental
Impact Report prepared for the 1994 General Plan Update nor the Carlsbad Municipal Water District Water Master
Plan Update identify groundwater as a significant supply source to the City or development as a potential threat to
groundwater supplies or recharge.
g -h, j) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy
document that does not recommend or approve any particular development project. However, implementation of
Draft Housing Element policies and programs will facilitate housing construction.
Based on the policies and standards of the City, and as required by mitigation measures below, it is not anticipated
that housing constructed as a result of a Draft Housing Element program will expose people or property to flooding
risk or impede or redirect flood flows. The Flood Hazard goal of the General Plan Public Safety Element is "a City
which minimizes injury, loss of life, and damage to property resulting from the occurrence of flooding." Further, an
objective of the Element is "to restrict or prohibit uses which are dangerous to the health and safety of people or
28 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
adversely affect prope11y due to water and erosion hazards, or 'Nhich result in damaging increased in erosion or flood
height or velocities."
Zoning Ordinance Chapter 21.110, Floodplain Management Regulations, implements the Public Safety Element
policies regarding floodplain development. It establish restrictive provisions regarding construction of structures
within a 1 00-year floodplain and requires the installation of protective structures or other design measures to protect
proposed buildings and development sites from the effects flooding or wave action. It also recognizes that
controlling the alteration of natural floodplains and stream channels and controlling the filling, dredging, and
grading of these features helps reduce flooding potential. Furthermore, the Floodplain Management Regulations
require specific development and construction standards to avoid damage due to inundation by tsunami within
established coastal high hazard areas and by mudflows in mudslide prone areas.
Based on the Floodplain Management Regulations, all new construction and substantial jmprovements must be-
elevated to or above the base flood elevation. All new construction must be located on the landward side of the
reach of mean high tide. As specified in the mitigation measures below, ·all future housing developments will be
subject to compliance with these required standards, including repm1s and studies as detem1ined by the City
Engineer. Furthermore, projects that incorporate changes to established floodplains are required to document these
changes through the FEMA (Federal Emergency Management Agency) Letter of Map Revision (LOMR) process.
Adherence to these measures and existing City standards will reduce potential impacts to a less than significant
level.
• WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110,
Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all
applicable studies and reports, including those required by other agencies, such as FEMA, as directed by the
City Engineer.
• WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2,
which require preparation--of site-specific geotechnical investigations and compliance with Uniform
Building Code and other structural regulations.
i) Potentially Significant Unless Mitigation Incorporated. Specific areas of Carlsbad may be subject to
inundation due to failure of a dam, such as a breach of the Stanley A. Mahr Reservoir in the La Costa area. Failure
of the dam, an unlikely event, has the potential to flood areas downstream, which may necessitate evacuation.
Inundation is a possibility even if the area downstream of a dam is not within a flood zone.
The following mitigation measure will reduce the possibility of flooding due to dam failure to a less than significant
level.
• WQ-7 As directed by the City Engineer, a dam breach analysis and inundation study shall be prepared for
any area potentially subject to flooding due to a dam breach or failure. Based on the study as approved by the
City Engineer, appropriate mitigation measures shall be developed to ensure adequate safety of individuals
and, as feasible, protection ofproperty in downstream areas.
k-q) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document
that does not recommend nor approve any particular development project. However, implementation of Draft
Housing Element policies and programs will facilitate housing construction, which in turn could generate additional
erosion, pollutant discharges, impervious surfaces, urban stormwater runoff and affect water quality, including that
of lagoons, wetlands and riparian areas.
According to the Carlsbad Drainage Master Plan (2008), Clean Water Act Section 303(d) listed waters in the
Carlsbad watershed include the following: The Pacific Ocean shoreline at the mouth of Buena Vista Creek and
Moonlight State Beach (located in Encinitas, CA), Buena Vista Lagoon, Agua Hedionda Lagoon, and the Agua
Hedionda Creek. These waters currently do not meet established water quality standards. Implementation of Draft
Housing Element programs may result in significant impacts associated with the listed impaired water bodies.
However, compliance with the water quality mitigation measures WQ-1 to WQ-4 listed above would cause any
impacts to be less than significant.
29 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
Through the development review process, the City requires Source Control and Treatment Control BMPs to be
incorporated into all new development projects. As required by mitigation measures WQ-1 to WQ-4 above, any
project facilitated by the Draft Housing Element would be subject to the BMP requirements, all federal, State,
regional and local stonnwater requirements as well a~ a hydrology repmt to assess impacts relating to drainage and
stonnwater runoff.
IX. LANDUSE AND PLANNING-Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an enviroi'!mental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D ~ D
D ~ D
D D
--
a-c) Less than Significant Impact. The Draft Housing Element is a policy document that does not recommend or
approve any particular development project: _The Draft Housing Element plans for th~ City's future housing needs
within the level anticipated by the Gen.eraf Plan. The Draft Housing Element does not propose nor affect any policy,
program or regulation that would result in the division of an established community; instead, Draft Housing Element
programs strengthen. developed residential and some commercial areas by encouraging in fill residential or mixed use
development. Therefore, impacts are assessed as Jess than significant.
The Draft Housing Element will not conflict with nor amend any General Plan policies or provisions of the Growth
Management Plan, Zoning Ordinance, or Local Coastal Program or any other policy or standard adopted for the
purpose of avoiding or mitigating an environmental impact. No land zoned for open space or designated by the
General Plan for open space will be conve1ted to urban uses by the Draft Housing Element. The Draft Housing
Element does not affect preserve areas identified in the Carlsbad Habitat Management Plan (HMP). Through the
environmental review process, future projects facilitated by the Draft Housing Element would be evaluated for
potential environmental impacts and compliance with the provisions and policies of the documents identified above.
Any new mitigation measures identified would be required as conditions of approval. Adherence to these measures
and existing City standards will reduce potential impacts to a less than significant level.
The Draft Housing Element does not conflict with any applicable habitat conservation plan, including the Habitat
Management Plan (HMP) for Natural Communities in the City of Carlsbad (2004). All future housing development
facilitated by the Draft Housing Element will be subject to, and required to comply with, the requirements of the
HMP. No significant impact will result.
30 Rev. 12/13/07
X. MINERAL RESOURCES-\Vould the project:
a) Result in the Joss of availability of a known mineral
resource that would be of future value to the region
and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
Potentially
Significant
Impact
D
D
GPA 03-02
2005-20 I 0 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
a-b) No Impact. No mineral resources are currently being extracted within Carlsbad. Although mineral resources
were previously extracted throughout the City via gravel pits, oil wells, and salt evaporation ponds, as the City has
become more developed, these activities have decreased through time. All mining operations ceased in 1995 and are
now complete at the South Coast Materials QumTy in northern Carlsbad (Former South Coast Quarry Amended
Reclamation Plan Draft Subseq\Jent ElR, Sept. 2008). According to the Carlsbad General Plan EIR (1994), all
resources at this quarry have been depleted. There are remaining mineral resources present in the northeastern pa11
of the City, but this area was designated by the 1994 General Plan for urban development and is not planned for
extraction activities. Therefore, no impact on minerai resources will result.
XI. NOISE-Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundboume vibration or groundbourne noise
levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase m
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
31
-· Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D D
D D
D D
D D
D D
D
Rev. 12/13/07
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GPA 03-02
2005-20 I 0 Housing Element
a) Potentially Significant Unless Mitigation Incorporated. Carlsbad experiences typical urban noise from
sources such as automobile, train, and air traffic, operation of mechanical equipment and construction equipment,
vocalizations, and related sources. Primary sources of noise include highways and other roadways (especially
Interstate 5, State Highway 78, El Camino Real, Palomar Airp01t Road, and Rancho Santa Fe Road), and North
County Transit District railroad, and planes using McClellan-Palomar Airport.
Draft Housing Element policies will facilitate housing construction throughout Carlsbad in areas where noise may
be of concern. Development of properties along Interstate 5, State Highway 78, EI Camino Real, Palomar Airport
Road, and Rancho Santa Fe Road and the railroad could expose future residents to excessive noise in the absence of
barriers, berms, or other noise-attenuating features. Development of residential property in or next to commercial
areas may expose future residents to truck noise and other urban sources of noise. ·
The City's General Plan Noise Element contains several policies that require noise attenuation and/or prohibit
residential development in noisy areas. The maximum permitted noise level for residential interiors is a CNEL of 45--
dBA (pursuant to Title 24 of the California Administrative Code), and the maximum for residential exteriors is a
CNEL of 60 dBA or 65 dB A if subject to noise from McClellan-Palomar Airport.
Future development facilitated by the Draft Housing Element may expose residents to high levels of roadway, rail,
or airport noise, which is considered a significant impact. Implementation of Mitigation Measures N-1 through N-3
would reduce the impact to a less than significant level.
• N-1 A noise study shall be submitted with all discretionary applications for residential projects of five
or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown
on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall
identify design features such as noise attenuation walls and mechanical. building ventilation necessary to
enforce the City policy that 60 dBA CNEL is the exterior noise level (65 aBA if subject to noise from
McClellan-Palomar Airport) and 45· dBA CNEL is the interior noise level to which all residential units shall
be mitigated. -· ·
• N-2 To minimize noise impacts, project design techniques shall be used during any discretionary
review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source.
This can be done, for example, by increasing the distance between the noise source and the receiver;
placing non-noise sensitive uses such as parking areas, maintenance facilities, and utility areas between the
source and the receiver; using non-sensitive structures, such as a garage, to shield noise sensitive areas; and,
orienting buildings to shield outdoor spaces from a noise source.
• N-3 As applicable, future residential development shall comply with the policies of the City of
Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual.
b, d) Potentially Significant Unless Mitigation Incorporated. Infill development involves construction or
redevelopment in close proximity to existing developed areas, and as such, new development on infill properties
may expose people to temporary groundboume noise and vibration due to construction activities compared to
development of previously undeveloped areas. Construction of projects facilitated by the Draft Housing Element
will generate short-term noise from construction equipment, such as water trucks, scrapers, bulldozers, and other
vehicles, which may be considered significant impacts. Implementation of Mitigation Measure N-4 would reduce
the impacts level to a less than significant level.
• N-4 As applicable, future residential development shall comply with the following requirements:
o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied
sensitive habitats.
o Construction equipment, including vehicles, generators, and compressors, shall be maintained in
proper operating condition and shall be equipp'ed with manufacturers' standard noise control
devices or better (e.g., mufflers, acoustical Jagging, and/or engine enclosures).
o The City's noise ordinance (Municipal Code Section 8.48.01 0) limits the hours of construction to
between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is
32 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
prohibited on Sundays and holidays. The City Manager may grant an exception for night work
during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are
no inhabited dwellings within 1,000 feet ofthe construction site.
o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or
minimize the use "of engine-driven generators.
o Staging areas for construction equipment shall be located as far as practicable from residences and
sensitive habitats.
o Operating equipment shall be designed to comply with all applicable local, state, and federal noise
regulations.
o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors fi·om construction-.
generated noise greater than 75 dBA within 50 feet of sensitive receptors.
o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be
powered by batteries, solar power, or similar sources, and not by an internal combustion engine.
With regard to the construction of future projects adjacent to open space and sensitive habitat areas, construction
noise is considered a significant impact to the least Bell's vireo, California gnatcatcher, and other sensitive species,
migratory birds, or raptors during their breeding seasons (ie., February 15 through September 15). Implementation
of Mitigation Measure N-5 wou~d reduce this impact to less than significant leveL
• N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction
noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance.
c) Less than Significant Impact. Future housing development facilitated by the Draft Housing Element policies
will result in additional population, potentially increasing existing.noise levels. Carlsbad and the surrounding cities
constitute an urbanized environment \vhere existing noise levels are higher than other less developed areas, and
implementation of the Draft Housing Element would not result in a substantial increase to the existing noise level.
Impacts will be less than significant
e) Potentially Significant Unless Mitigation Incorporated. The McCellan-Palomar Airport is located west ofEl
Camino Real and north of Palomar Airport Road inside the boundaries of Carlsbad. The airport is a County owned
and operated general aviation facility. The Airport Land Use Commission is responsible for preparing the
Comprehensive Land Use Plan (CLUP) for the area surrounding the airport, and adopted the CLUP in 2004. The
City's General Plan conforms to the CLUP and prohibits residential uses in the nearby vicinity around the airport.
According to the General Plan Noise Element, land within the 65 dBA CNEL noise contour, which extends from the
runway of Palomar Airport and is generated by aircraft operations, is not planned for residential uses. The Draft
Housing Element will not modify the existing land use plan· inside the 65 dBA CNEL noise contour boundaries.
The majority of the City is located in the airport Noise Impact Notification Area (NINA), where aircraft overflight
typically occurs on an irregular basis. Though not considered a health or safety impact, aircraft noise may be a
nuisance. Implementation of Mitigation Measure N-6 would reduce this impact to a less than significant level.
• N-6 Future residential development shall comply with the following requirements as applicable:
o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning D~epartment).
o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
t) No Impact. No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant
impact will result.
XII. POPULATION AND HOUSING-Would the project:
a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infi·astructure )?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction ofr~lacement housing elsewhere?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Signiticant No
Impact Impact
D
D
D
a -c) No Impact. The Draft Housing Element considers additional housing opportunities within the limits of the
policies of the General Plan Land Use Element and Growth Management Plan. In 1986, Carlsbad voters passed
Proposition E, which ratified the City's Growth Management Plan. This program lowered the residential build out
capacity and imposed very specific facility improvement and/or fee requirements for all new development. The
program established a dwelling unit cap of 54,600 dwelling units. The accommodation of the City's RHNA can be
accomplished within the City's Growth M~nagement dwelling ·unit cap (See City 'of Carlsbad Draft 2005-2010
Housing Element Section 4). Though the Draft Housing Element includes programs proposing residential density
increases and residential mixed-use in commercial areas for purposes of meeting the RHNA for lower and moderate
income housing, the Draft Housing Element does not propose policies to facilitate housing beyond the total dwelling
units anticipated by the City's existing General Plan and Growth Management Plan.
Moreover, the Draft Housing Element will not induce substantial population growth by the extension of roads and
other infrastructure, since the project does not provide for such. The Draft Housing Element contains policies that
encourage infill development in existing areas and a diversity of housing types and price. Development of the
Quarry Creek site, as would be facilitated by Draft Housing Element Program 2.1, may result in the extension of
Marron Road. The Quarry Creek site is largely disturbed and bordered on three sides by development; due to its
proximity to commercial areas and transportation, it is also a potentialsmart growth area per SANDAG. Quarry
Creek is already served by two roads (the present terminus of Marron Road to the east and Haymar Drive to the
north) and its development may not warrant extension of the road to the west. It is likely that a traffic study,
submitted with a development proposal at Quarry Creek, will determine the need for the extension.
None of the programs or policies in the Draft Housing Element would displace either substantial numbers of existing
housing or persons. Draft Housing Element proposed programs that propose and encourage increased densities for
residential and mixed use projects, such as in the proposed· Barrio Area and the Village Redevelopment Area, may
result in demolition of housing units. However, these units would be replaced by new housing, either as a stand-
alone residential product or, as permitted by applicable regulations and policies, in combination with commercial
uses. Furthermore, sites identified in Program 2.1, such as Quarry Creek and the proposed Barrio Area, are
consistent with the SANDAG Regional Comprehensive Plan's objectives of developing smmt growth areas as a way
to accommodate additional housing in an efficient, compact, and resourceful manner.
Finally, the Draft Housing Element contains programs designed to preserve existing affordable housing and
rehabilitate deteriorated housing. No significant impacts will result.
34 Rev. 12113/07
XIII. PUBLIC SERVICES
a) Would the project result m substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Potentially
Significant
Impact
D
D
D
D
D
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
D
D
D
D
-'' a.i a.v) Potentially Sig_nifican(:Unless Mifigation Incorporated. The Draft ·Housing Element considers
additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth
Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management
Plan. This prograni lowered the residential build out capacity and imposed very specific facility improvement
and/or fee requirements for all new development. The program established a dwelling unit cap of 54,600 dwelling
units. The accommodation of the City's RHNA can be accomplished within the City's Growth Management
dwelling unit cap, as explained in Section 4 of the City of Carlsbad Draft Housing Element.
The Growth Management Plan requires planning for public facility needs through build out and for public facilities
to be provided concurrent with development. The Draft Housing Element does not affect the Growth Management
Plan, and does not propose policies to facilitate housing beyond the total dwelling units anticipated by the City's
existing General Plan and Growth Management Plan. Implementation of the Draft Housing Element will not require
additional public services beyond those already anticipated. Developers of every new development facilitated by the
Draft Housing Element will be required to pay all applicable impact fees, including required school impact fees, to
support additional public services as the demand for those services increases with population growth.
Implementation of the Draft Housing Element will not require additional public services beyond those already
anticipated, with the exception of Local Facility Management Zone 25. Zone 25 is undeveloped and not all public
service needs are known at this time. This is considered a significant impact; however, the City's General Plan and
Habitat Management Plan do anticipate future development within Zone 25. Moreover, the San Diego Association
of Governments has identified the Quarry Creek portion of zone 25 as a potential smart growth area, or an area
suitable for a compact, efficient, and environmentally-sensitive urban development pattern. Implementation of the
mitigation measure below will r~duce public service impacts to a less than significant level.
• PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management
Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth
Management Plan and its performance standards for public facilities, this plan shall show how and when
the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities,
schools, libraries, city administrative facilities, parks and open space. This plan shall also include an
35 Rev. 12/13/07
XIV.
GPA 03-02
2005-2010 Housing Element
inventory of present and future requirements for each public facility, a phasing schedule establishing the
timing for provision of each facility, and a financing plan for funding the necessary facilities.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
RECREATION
a) Would the project increase the use of existing D D D neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or D D D ~ require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
a) Less than Significant Impact. Implementation of the Draft Housing Element has the potential to increase the
number of housing units and residential population. This could accelerate the deterioration of existing park and
recreational facilities. Developers of future housing projects will be required to pay all applicable fees (including
park in-lieu fees and development impact fees) to address any potential impacts on park and recreational facilities
and services. ·
The Growth Management P~rforma!)ce Standard for Parks requires 3 acres of park space for every I ,000 people in
the city. As population (and corresponding demand for parks) is increased, Growth Management policies require
park acreage to be concurrently increased, thereby ensuring that existing park facilities are not overburdened. No
significant impacts >vill result.
b) No Impact. The Growth Management Plan requires planning for public facility needs through build out, and
requires public facilities to be provided concurrent with development. This includes the build out need for parks and
recreational facilities. The Draft Housing Element does not affect these plans or require additional facilities beyond
those already anticipated. No significant impacts will result.
XV. TRANSPORTATION/TRAFFIC-Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard' established by the county
congestion management agency for designated roads
or highways?
36
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
cg)
Less Than
Significant No
Impact Impact
D D
D D
Rev. 12113/07 10
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
t) Result in insufficient parking capacity?
g) Conflict with adopted policies, plans, or programs
supp01ting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
Potentially
Significant
Impact
D
D
D
D
D
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
~
Less Than
Significant
Impact
D
No
Impact
~
D
D
D
D
a) Potentially Significant Unless Mitigation Incorpo1·ated. The Draft Housing-Element is a policy document that
does not recommend or approve any particular development project. Implementation of Draft Housing Element
policies and programs will facilitate housing construction, which in turn could generate new vehicle trips. However,
the policies in the Draft Housing Element do not include project specific conditions and approval. The project
specific impacts to the transportation system will be addressed as part of the pennitting, process.
The Draft Housing Element include_s progriuns that encourage in fill, higher densitY ~and mixed-use development,
which are located in close "proximity to public transp01tation and services. These programs are consistent with
SANDAG Regional Comprehensive Plan objectives for smarter, more efficient growth patterns because they are
expected to reduce the number of vehicle trips as compared to standard single family development.
Citywide, the circulation system has been designed to accommodate the number of housing units at buildout of the
General Plan, and the Draft Housing Element does not propose to increase or significantly redistribute the number of
housing units designated in the General Plan. However, there may be local traffic impacts from individual future
projects which may be potentially significant prior to mitigation. Implementation of the following mitigation
measures, consistent with the Growth Management Plan, will reduce any such impacts to a less than significant
level.
• T -1 Require new development to provide a traffic analysis report, as applicable, according to City
standards and as may be required by the City Engineer. This report shall evaluate project specific traffic
impacts and identify mitigation for impacts.
,. T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management
perf01mance standards for circulation facilities, which ensures future development will not exceed the
traffic load and capacity of the City's street system and intersections.
• T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIF)
program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department.
• T -4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City
shall coordinate the project's environmental review with these jurisdictions to determine the need for any
mitigation of the potent1al impacts.
• T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which
connect to nearby community centers, commercial developments, parks, schools, points of interest, major
transportation corridors and the Carlsbad Trail System.
37 Rev. 121J3/07
GPA 03-02
2005-20 I 0 Housing Element
g) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and
will not result directly in the construction of any housing. The Draft Housing Element includes programs that
encourage infill, higher density and mixed-use development, which per the General Plan are to be located in close
proximity to public transportation, including rail. Draft Housing Element programs support, rather than conflict
with currently adopted policies, plans, or programs supporting alternative transportation. The General Plan contains
goals and policies related to pedestrian travel, bicycle support facilities, commuter facilities and public transit
facilities and services. Implementatioh of the Draft Housing Element is expected to increase the use of alternative
transportation. Furthermore, any project facilitated by the Draft Housing Element will be required to comply with
existing City standards regarding the installation of bicycle racks and bus turnouts.
New housing facilitated by Draft Housing Element programs may include homes adjacent to or near the North
County Transit District railroad right of way, particularly in the Village Redevelopment Area, Barrio Area, and __
Beach Area Overlay Zone. New development may increase traffic volumes, including pedestrian traffic, at at-grade
highway-rail crossings. These traffic increases may impact safety within the rail corridor. However, the mitigation
measure below requires the preparation of studies to reduce potential impacts to a Jess than significant level.
• T-6 For development proposed adjacent to or near the North County Transit District railroad right of
way, traffic analysis reports required by mitigation measure T-1 shall address any traffic increase impacts
over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City
Engineer,
XVI. UTILITIES AND SERVICES SYSTEMS-Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed? ·
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
39
Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
l\1itigation
Incorporated
D
Rev. 12/13/07
Less Than
Significant No
Impact Impact
D D
D D
D D
D D
D D
D
g) Comply with federal, state, and local statutes and
regulations related to solid waste? D
GPA 03-02
2005-20 I 0 Housing Element
D D
a) Potentially Significant Impact Unless Mitigation Incorporated. Wastewater generated within Carlsbad
is treated at the Encina Wastewater Authority (EWA). EWA 's treatment facility is designed to treat wastewater to
the secondary level and meets cutTent State and Federal requirements. As such, EW A's facility is designed to
adequately treat sewer flows from uses such as residential development. With regard to water quality impacts for
wastewater treatment facilities resulting from pollutants generated by general runoff, new development of currently
vacant areas could cause significant impacts. Implementation of the following mitigation measure will reduce this
impact to a less than significant level.
• USS-I Prior to issuance of a grading permit, 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, and the General
Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
b -e) Potentially Significant Impact Unless Mitigation Incorporated. The Draft Housing Element considers
additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth
Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management
Plan. This program lowered the residential build out capacity and imposed very specific facility improvement
and/or fee requirements for all new development. The program established a build out dwelling unit cap of 54,600
dwelling units. The accommodation of the City's RHNA can be accomplished 'within the City's Growth
Management dwelling unit cap. The Growth .Management Plan requires planning for P,Ublic facility needs through
build out and for public facilities to be-provided concurrent with development.
The Carlsbad Municipal Water District Master Plan (2003) and Carlsbad Sewer District Master Plan (2003) planned
for the capacity and ·conveyance facilities necessary to serve the City with water distribution and wastewater
treatment services to the Growth Management build out dwelling unit cap of 54,600 dwelling units. Though the
Draft Housing Element will facilitate housing construction which could increase water and sewer demand, the Draft
Housing Element does not affect these master plans and will not exceed the number of dwelling units anticipated by
these master plans and allowed under Growth Management.
The City is also served by the following: Leucadia Wastewater District, Olivenhain Municipal Water District and
Vallecitos Water District. Each district has prepared master plans or studies which evaluate the adequacy and
determine improvements necessary to provide adequate service for future developments.
Carlsbad has structured its development impact fees to provide for adequate public infrastructure, services and
utilities in developing areas of the City, which are generally well served, to meet existing and approved
developments. Future development proposals will be reviewed to address any potential impacts on water supply and
wastewater collection and treatment. Development will not be permitted unless adequate service is available or can
be provided. Future development proposals will also be required to pay all applicable fees (including development
impact fees) to address any potential impacts to facilities or service delivery.
With respect to Local Facility Management Zone 25, Zone 25 is currently undeveloped and not all public service
needs are known at this time. This is considered a significant impact; however, implementation of Mitigation
Measure PS-1 from the Public Services section will reduce the impacts to a less than significant level.
f-g) No Impact. All development facilitated by the Draft Housing Element will comply with existing City, State
and federal statutes regarding solid waste disposal, including source reduction programs pursuant to the California
Integrated Waste Management Act. Each housing development facilitated by the Draft Housing Element will
participate in the City's recycling program and comply with all other regulations related to waste management. No
significant impact will result.
40 Rev. 12/13/07
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endanger~d plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula-
tively considerable" means ·that the incremental
effects of a project are considerabie when viewed in
connection with i:he effects of past projects, the
effects of other cun·ent projects, and the effects of
probable future projects?)
c) Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Potentially
Significant
Impact
D
D
D
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless
Mitigation
Incorporated
.,
Less Than
Significant No
Impact Impact
D D
D D
D D
a) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and
does not provide any project entitlements and will not result directly in the construction of any housing. However,
adoption of the Draft Housing Element will facilitate future housing projects, which could negatively affect
environmental quality. As evidenced in the Biological Resources category, the project has the potential to degrade
the quality of the environment and reduce the number and restrict the range of a rare animal and plant. However, the
project's compliance with mitigation measures, which requires compliance with the HMP, ensures these impacts
would be reduced to a level of insignificance.
b) Potentially Significant Unless Mitigation Incorporated. The project does not have cumulatively considerable
impacts as this environmental document demonstrates. SANDAG projects regional growth for the greater San
Diego area and local general plan land use policies are incorporated into SANDAG projections. Based on these
projections, region-wide standards, including but not limited to, storm water quality control, air quality standards,
habitat conservation, and congestion management standards are established to reduce the cumulative impacts of
development in the region. All of the City's development standards and regulations are consistent with the region-
wide standards. The City's standards and regulations, including grading standards, water quality and drainage
standards, traffic standards, habitat and cultural resources protection regulations, and public facility standards,
ensure that future development within the City will not result in a significant cumulatively considerable impact.
Mitigation measures are included herein to ensure projects comply with all applicable standards.
Two regional issues of concern with regard to cumulative impacts are air quality and regional circulation.
Development of future residential projects facilitated by Draft Housing Element policies and programs may
represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin.
41 Rev. 12/13/07
iS
GPA 03-02
2005-2010 Housing Element
As discussed above in the Air Quality section, Draft Housing Element policies will not provide for housing beyond
that accounted for in SANDAG's regional plans and thus, is within the scope of regional air quality management
plans. While future projects will contribute to regional emissions, those emissions have been accounted for in
regional planning efforts. Additionally, mitigation measures are included herein to reduce to less than significant the
short term air quality impacts that occur during construction.
With regard to circulation, SAN DAG, the County C!.mg~:stiou MmJ(~Q:e.ment AgencyJCMA} has designated ffifee
fmir_roads (Q!ivenhain Rd". Rancho Santa Fe Rd., El Camino Real, and Palomar Airport Rd.) and two highway
segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City's
growth projections in the General PlaniJJt9..imJ?1~.nl~l1!~1ip.n qfaqppte<j_(.:QQg~?Jj~tf}J;m,\lg~mePJ.21a,n,?J;IJ.lJ<;;gj_s;~, that
these designated roadways will function at acceptable levels of service in the short term and at build out. Draft
Housing Element programs are consistent with the Carlsbad General Plan growth projections. Mitigation measures
are included in this environmental document to ensure localized traffic impacts, compliance with the City's Growth
Management and Traffic Impact Fee programs, coordination with other cities, and improvements to Carlsbad's
pedestrian and bicycle circulation network occur. Regarding biological impacts, the MHCP was designed to
compensate for the loss of biological resources throughout the program's region; therefore, projects that conform to
the MHCP, as specified by the City's HMP, would not result in a cumulatively considerable impact for those
biological resources adequately covered by the program. As discussed in the Biological Resources category herein,
the direct and indirect biological impacts resulting from development facilitated by the Draft Housing Element
should not be cumulatively considerable if the mitigation measures as contained h_erein are implemented to ensure
conformance to the MHCP and the City's HMP.
c) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element policies and programs
seek to (1) provide a plan for meeting the City's share of the regional housing need, (2) focus on providing safe and
affordable housing or shelter for all Carlsbad residents, (3} encourage the rehabilitat-ion 6f deteriorated housing units
and (4) provide shelter for homeless individuals. Further, imple!J1e.ntation of Draft :}-lousing Element programs
would encourage the develop_ment of comp·act; efficient smart growth, which would efficiently locate housing near
transportation, services, and employment. Adoption and eventually implementation of the Draft Housing Element
will have an overall beneficial impact.
Construction of housing pursuant to the Draft Housing Element, if not according to applicable standards and
requirements, could potentially have significant adverse effects on human beings. Therefore, mitigation measures as
contained herein ensure any future housing facilitated by the Draft Housing Element, including emergency shelters
and temporary farm worker housing, will be constructed consistent with all adopted building codes and other
applicable standards, such as those regarding noise and air quality and hazards and hazardous materials.
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063( c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. ·Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
42 Rev. 12/13/07
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
GPA 03-02
2005-2010 Housing Element
The following documents were used in the aria lysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday A venue, Carlsbad, California, 92008.
I. City of Carlsbad. Carlsbad General Plan.
2. City of Carlsbad. Carlsbad Municipal Water District Water Master Plan Update. March 2003.
3. City of Carlsbad. City of Carlsbad Draft 2005-2010 Housing Element. December 2008.
4. City of Carlsbad. City of Carlsbad Drainage Master Plan. July 2008.
5. City of Carlsbad. City of Carlsbad Sewer Master Plan Update. March 2003.
6. City of Carlsbad. El Camino Real Corridor Study. February 8, 1984.
7. City of Carlsbad. Final Environmental Impact Report for the City of Carlsbad Drainage Master Plan
Update. SCH# 2006041 066. December 2007.
8. City of Carlsbad. Final Master Envil:onmental Impact Report for the City of Carlsbad General Plan
Update. SCH #93091080. March 1994. ·
9. City of Carlsbad. Habitat Management Plan for Natural Communities in the City of Carlsbad. November
2004.
10. City of Carlsbad. Landscape Manual. Adopted November 13, 1990.
11. City of Carlsbad. Local Coastal Program with Kelly Ranch Amendments. Amended 2006.
J 2. City of Carlsbad. Minutes of City of Carlsbad City Council and Housing and Redevelopment Commission
(Joint Special Meetingf November 6, 2007.
13. City of Carlsbad. Municipal Code, Title 21: Zoning Ordinance.
14. City of Carlsbad. Notice of Preparation of a Draft Environmental Impact Report. EIR 06-01. Bridges at
Aviara. February 3, 2009.
15. City of Carlsbad. Scenic Corridor Guidelines. July 1, 1988.
16. City of Carlsbad. Negative Declaration for Village Master Plan and Design Manual-Amendments. (SCH
#2007071132). AdDpted No_vember-6, 2007. '·
17. CERCL1S Database and Supe1jund Site Information, U.S. Environmental Protection Agency,
http://epa.e:ov/superfund/sites/cursites/index.htm, accessed January 22, 2009.
18. Cortese -List Data Resources, California Environmental Protection Agency,
http://www.calepa.ca.Qov/SiteCleanup/CorteseList!default.htm, accessed January 22, 2009.
19. Eligible and Officially Designated Routes, California Department of Transportation,
www.dot.ca.Qov/hg/LandArch/scenic/cahisvs.htm.
20. Final Program Environmental Impact Report for the Regional Comprehensive Plan for the San Diego
Region. (SCH # 2004011141). Prepared by P & D Environmental. July 2004.
21. Former South Coast Quany Amended Reclamation Plan Draft Subsequent E1R (SCH# 2005021119).
Prepared by HELIX Environmental Planning, Inc. September 2008.
22. La Costa Town Square Draft Environmental Impact Report. (SCH #2003041159). Prepared by EDA W,
Inc. March 19, 2009.
23. Officially Designated State Scenic Highways, California Depmtment of Transportation,
www.dot.ca.Qov/hg/LandArch/scenic/schw-...·.htm.
24. Ponto Beachfront Village Vision Plan Final Environmental impact Report. (SCH #2007031141). Prepared
by RBF Consulting. August 2007.
25. Robertson Ranch Master Plan Final Environmental Impact Report. (SCH #2007031141 ), Prepared by
BRG consulting, Inc. April 2006.
26. San Diego Association of Governments. Regional Comprehensive Plan for the San Diego Region. July
2004.
27. San Diego County Important Farm! and 2006 map, published August 2008. Access from the State
Department of Conservation website at ftp://ftp.consrv.ca.£ov/pub/dlro/FMMP/pdf/?006/sd2:06 west. pdf.
28. San Diego County Reg]onal Airport Authority. Airport Land Use Compatibility Plan, McClellan-Palomar
Airport Carlsbad, California. Amended October 4, 2004.
4" . .) Rev. 12113/07
GPA 03-02
2005-2010 Housing Element
LIST OF MITIGATING MEASURES (TF APPLICABLE)
Aesthetics
• A-1 As applicable, all future development projects m the City shall comply with the following
requirements:
o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act-Preservation of
steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and
floodways).
o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat
Management Plan.
o El Camino Real Corridor Development Standards.
o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape
buffers, reduction of slope heights and grading, sensitive hillside architecture).
o Planned Development Ordinance and Design Guidelines Manual.
o Landscape Guidelines Manual
o City CounciL. Policy No. 44 -Architectural Guidelines f~x the Development of Livable
Communities.
o City Council Policy No. 66-Principles for the Development of Livable Neighborhoods
o Growth Management Ordinance -Requirement for 15% performance standards open space
o Zoning Regulations (i.e., setback, coverage, signage, and height, etc.)
o City of Carlsbad Local Coastal Program
• A-2 As applicable, all future development projects in the City shall comply with the following General
Plan policies:
o Arrange land use so that they preserve community identity and are orderly, functionally efficient,
healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land
Use Pattern, C.1)
o Ensure that the review of future projects places a high priority on the compatibility of adjacent land
uses. (Land Use Element, Overall Land Use Pattern, C.2)
o Review the architecture of buildings with a focus on ensuring the quality and integrity of design
and enhancement of the character of each neighborhood. (Land Use Element, Overall Land Use
Pattern, C.6)
o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the
appearance of natural hillsides (Land Use Element, Environmental, C.3)
• A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior
lighting plan, including parking areas, recreation areas and other applicable components of residential
projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the
lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat
Management Plan.
• A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive
receptors to light, including sensitive habitats.
• A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting
recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including
the following:
44 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
o Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility
·use and safety and security purposes.
o Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting,
spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is
focused dovmward.
o Avoid excessive lighting in developments adjacent to linkages through appropriate placement and
shielding of light sources.
Agricultural Resources
• AR-1 Within the Coastal Zone, projects that would convert farmland must comply with the agricultural
conversion requirements of the Local Coastal Program.
• AR-2 For any project that would conve1t Prime Farmland, Unique Farmland, or Farmland of Statewide
Impmtance, a California Agricultural Umd Evaluation and Site Assessment (LESA) Model Analysis must
be prepared to identify potential impacts to important agricultural lands.
Air Quality
• AQ-1 Future development shall comply with the following requirements as applicable:
o Water or dust control agents shall be applied to active grading-areas, unpaved surfaces, and dirt
stockpiles as necessary to prevent or suppress particulate matter from becoming airborne. All soil
to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent
windblown dust.
o Spoil or demolition material in each truckload .shall be kept low e!lough to prevent spillage and
shall be sufficiently .wet!_ed down or covered with ·a secure tarp to prevent dust generation during
transport. -·
o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles
per· hour. The construction supervisor shall have a hand-held anemometer for evaluating wind
speed.
o Di1t and debris spilled onto paved surfaces at the project site and on the adjacent roadway shall be
swept or vacuumed and disposed of at the end of each workday to reduce resuspension of
particulate matter caused by vehicle movement.
o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion
of work in the area, where appropriate.
o Electrical power shall be provided from commercial power supply wherever feasible, to avoid or
minimize the use of engine-driven generators.
o Air filters on construction equipment engines shall be maintained in clean condition according to
manufacturers' specifications.
o The construction contractor shall comply with the approved traffic control plan to reduce non-
project traffic congestion impacts. Methods to reduce construction .interference with existing
traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated
into this plan.
o Trucks and equipment shall not idle for more than 15 minutes when not in service.
Biological Resources
• BR-l Projects with the potential to impact sensitive biological species and habitats, as determined by the
City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the
Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but
45 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for
Biological Studies," dated May 29, 2008, and as may be amended from time to time
• BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the
City, a biology resources technical rep01t (BTR) shall be prepared. The BTR shall provide the necessaty
infom1ation to establish the current status of biological resources within a project footprint, an analysis of
potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a
level of significance. The fonnat and content of the BTR shall be similar to report standards outlined in the
City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time.
Future project level envirorunental review that would impact biological resources would be provided to the
Wildlife Agencies for review to verify consistency with the City's HMP.
• BR-3 Implementation of the mitigation measures BR-3a tlu·ough BR-3d would be required for projects that
would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of
significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance-·
and on-site mitigation are the priority.
o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh,
estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands,
flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net
loss of habitat value or function shall be met. Habitat replacement ratios and the specific location
of mitigation iands shall be determined in consultation with the USFWS, USACE, and CDFG as
appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and
the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland
habitats shall be in the City or MHCP plan area, at a ratio to be dete1mined by the applicable
resource agencies at the time of project pennitting.
o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent
scrub, southern maritime-chapan-al, native grass) shall be mitig;;ted at a 3: 1 ratio, or at an
appropriate ratio ·based on habitat quality and-quantity as detennined in coordination with the
applicable resource agencies at the time of project pennitting.
o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be
mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as
determined in coordination with the applicable resource agencies at the time of project pem1itting.
o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix,
chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite.
• BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied
associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird
breeding season (February 15 -September 15). If construction activities cannot be avoided during this time
the following measures shall be taken:
o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate
habitat within and surrounding the project areas. The surveys will consist of three visits, one week
apart; the last of these shall be conducted no more than three days prior to construction.
o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting
raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days
of construction.
o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant
shall receive confinnation from the biologist that construction may proceed or continue and
implement any necessary mitigation measures.
o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a
threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed
species. If noise levels superseded the threshold, the construction array will be changed or noise
attenuation measures will be implemented.
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GPA 03-02
2005-2010 Housing Element
• BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species
prior to construction, as determined by the Wildlife Agencies.
• BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation
shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14
of Section D, and the policies and provisions of the LCP.
• BR-7 Mitigation ratios shall be consistent with the provisions of the HMP and Local Coastal Program.
For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with the USFWS, USACE, and CDFG as
appropriate in accordance with the requirements of the federal CW A, federal wetland policies, and the
California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that
viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact:__
area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation
credits at a minimum ratio of I: I have been purchased at a Wildlife Agency approved bani<. Consistent
with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by
listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update
components where wetland creation will be necessary, construction shall not be initiated until a viable
wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City)
and the wetland mitigation plan is approved by the appropriate Resource Agencies_ The wetland creation
shall not require impacjs to sensitive wildlife or vegetation communities. All mitigation lands for impacts
to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the
Wildlife Agencies.
• BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to
complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the
City. Surveys shall be conducted at a time when sensitive plant species woulsJ be most observable.
-~.
• BR-9 At the prO}ec·t design·stage for projects located within key Core Areas and linkages, design measures
and restoration efforts shall be required to maintain the viability of the wildlife cOITidors throughout Carlsbad.
• BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the
HMP.
• BR-11 During clearing, grading, and other construction actiVIties, ensure that proper irrigation and
stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination
from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided
and minimized through watering and other appropriate measures.
Cultural Resources
• CR-1 The following mitigation measures will be required if a project is located in an undeveloped area
that could potentially impact significant cultural deposits.
o CR-1 a Preconstruction Requirements -Prior to the start of construction, a pedestrian survey
shall be conducted under the supervision of a qualified archaeologist for previously undisturbed
areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with
outdated or non-protocol methods). The survey shall be conducted in parallel linear transects
spaced no farther than I 0 meters apart in undeveloped areas.
CR-la(l) Cultural resources, if found during the survey, shall be photographed,
mapped using a global positioning system (GPS), and recorded on the appropriate California
Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be
submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey.
CR-1 a(2) Within 1 month of completion of the field survey, a draft letter report or
technical report shall be submitted to the City for review, whether the survey is negative or
positive. A final report shall be submitted within 6 weeks of receipt of the City's comments,
with a copy submitted to the SCIC for their files.
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2005-2010 Housing Element
o CR-1 b If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated
archival search, if needed, as well as additional detailed field testing. Local Native American groups
shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable,
the City will execute a Pre-Excavation Agreement with the appropriate Native American groups.
•
•
CR-1 b(l) Prior to the start of field testing, surface artifacts and/or features shall be
marked and mapped using a GPS. Testing shall be required if surface miifacts are
discovered, and shall include a program of30-cm-diameter shovel test pits (STPs) to define
site boundaries and identifY the potential for a substantial subsurface deposit.
CR-1 b(2) Based on the results of the STPs, additional measures such as Test
Excavation Units or mechanical trenching (for substantial historic sites) would be placed in
areas with the potential for a substantial subsurface deposit, as detennined by the qualified
archeologist.
CR-l b(3) All excavated soils shall be screened through 1/8-inch mesh hardware
cloth. On completion of the project the artifact collection, along with copies of the catalogs
and the. technical report, shall be pennanently curated at the San Diego Archaeological
Center. An updated site record shall be prepared and submitted to the SCIC.
CR-1 b( 4) Within 3 months of completion of the fieldwork, a draft teclmical report
including evaluations and recommendations shall be prepared and submitted. The final
techn_i.cal rep01t shall be submitted within 6 weeks of receipt ofthe City's comments.
• CR-2 Monitoring Requirements -Construction monitoring will be required for projects that involve
excavation or grading within undisturbed native soils and could potentially impact subsurface cultural
deposits.
o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall
verity that the requi.reme~ts for archaeologicaf: monitoring and Native American monitoring, if
applicable; have been noted on the appropriate construction documents. The applicant shall retain a
qualified archaeologist to verify that a records search has been completed and updated, as necessarJ,
and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall
submit to the PD a copy of the site/grading plan that identifies areas to be monitored.
o CR-2b The qualified archaeologist shall be present full-time during grading/
excavation of native soils with the potential to contain buried cultural features or deposits and shall
document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline,
laterals, services and all other appurtenances that impact native soiis 1 foot deeper than existing as
detailed on the plans or in the contract documents. It is the construction manager's responsibility to
keep the archaeological monitors up-to-date with current plans.
o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor
is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area
of the discovery to allow for preliminary evaluation of potentially significant archaeological resources.
The PI shall also immediately notify the construction manager and the PD of such findings at the time
of discovery.
• CR-2c(l) The significance of the discovered resources shall be assessed by the PI. For
significant archaeological resources, a Research Design and Data Recovery Program shall be
prepared and implemented by the qualified archaeologist. The results of the Research Design
and Data Recovery Program shall be approved by the City before ground-disturbing activities
in the area of discovery shall be allowed to resume.
o CR-2d If human remains are discovered, work shall halt in that area and procedures set forth in the
California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5)
shall be implemented. Construction in that area shall not resume until the remains have. been
evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI.
o CR-2e The archaeologist shall notifY the PD, in writing, of the end date of monitoring. The
archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned,
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2005-2010 Housing Element
catalogued, and permanently curated with an appropriate institution; that a letter of acceptance fi·om
· the curation institution has been submitted to the Planning Depmtment; that all artifacts are analyzed
to identify function and chronology as they relate to the history of the area; that faunal material is
identified as to species; and that specialty studies are completed, as appropriate.
o CR-2f: Within 3 months following the completion of monitoring, the Draft Results Repozt (even if
negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions
of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD
for approvaL For significant archaeological resources encountered during monitoring, the Research
Design and Data Recovery Program shall be included as pmt of the Draft Results Report. The
qualified archaeologist shall be responsible for recording (on the appropriate State of Califomia
Department of Park and Recreation fonllS-DPR 523 AlB) any significant or potentially significant
resources encountered during the Archaeological Monitoring Program, and submitting such fonns tO--
the SCIC with the Final Results Repmt.
The following paleontological mitigation measures shall be implemented:
o CR-3a: Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed grading
will impact fossil resources.
o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before
construction. If the paleontologist's report finds the project will not significantly impact fossil
resources, this mitigation measure shall be considered fulfilled and no further effort to comply
with this measure shall be required.
o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the sn;Jall na~ure of some of the fossils present in the geologic
strata, it )nay be _nece~sary to collect matrix -.samples for labonit_ory processing through fine
screens.
o CR-3d The paleontologist shall make periodic reports to the Planning Director during the
grading process.
o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
Geology and Soils
• GS-1 A site-specific geotechnical investigation shall be prepared to address geotechnical considerations
related to future housing development facilitated by the Draft Housing Element, specifically project
components that would involve excavation, grading, or construction of new structures. The report shall
contain all necessary requirements to address any adverse soils conditions that may be encountered in final
design of a project. The applicant shall be required to adhere to all such requirerpents. The report shall
include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to
determine the potential for strong ground acceleration and ground shaking; potential groundwater issues;
and structural design recommendations. The soil engineer and engineering geologist shall review the
grading plans for adequ_ate incorporation of recommended measures prior to finalization.
• GS-2 All future projects shall be designed and constructed in conformance to the Uniform Building
Code, current seismic design specifications of the Structural Engineering Association of California, and
other regulatory requirements.
• GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate
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that pollutants \Viii be controlled through compliance with the City of Carlsbad Standard Urban Storm water
Mitigation Plan (SUSMP), General Construction Stormwater Permit, and the General Municipal
Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
• GS-4 All applicable federal, state and local permits regarding drainage shall be obtained. Such permits
include the General Construction Stonnwater Permit from the Regional Water Quality Control Board.
• GS-5 Future development shall comply with the following requirements as applicable:
o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance
with the City's grading and erosion control requirements (Municipal Code § 15.16 et.seq.). The
locations of all erosion control devices shall be noted on plans included in the SWPPP.
o All grading permits issued authorizing grading during the rainy season (October 1 of any year to-·
April 30th of the following ye·ar), shall require the installation of all erosion and sedimentation
control protective measures in accordance with city standards. Erosion and runoff control
measures shall be designed and bonded prior to approval of grading permits by the City.
o All permanent slopes shall be planted with erosion control vegetation, drained and properly
maintained to reduce erosion within 30 days of completion of grading. Erosion control and
drainage devices shall be installed in compliance with the requirements of the City.
o All erosion and sedimentation control protective measures shall be maintained in good working
order through out the duration of the rainy season unless it can be demonstrated to the City
Engineer that their removal at an earlier date will not result in any unnecessary erosion of or
sedimentation on public or private properties. ·
Hazards and Hazardo_us Materials
• HM-1 Prior to approval of discretionary permits for projects within (l) an existing or former agricultural
area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of
hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils
engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH)
for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or
storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible
mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected
at concentrations in the soil which would have a significantly adverse effect on human health.
• HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to
adversely impact a proposed residential development on an adjacent parcel, mitigation measures including
but not limited to physical barriers and/or separation between the uses shall be considered.
• HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing
within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local
agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine
transport, use or" disposal of hazardous materials or through reasonable foreseeable upset and accident
conditions involving the release of hazardous materials into the environment.
• HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current,
local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an
experienced environmental consultant prior to removal.
• HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures
shall be visually inspected. Should hazardous materials be encountered, the materials shall be tested and
properly disposed of offsite in accordan"ce with state and federal regulatory requirements. Any stained soils
or surfaces underneath the removed materials shall be sampled. Results of the sampling would indicate the
appropriate level of remediation efforts that may be required.
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2005-2010 Housing Element
• HM-6 Before beginning any remedial or demolition work, building owners shall contract with a certified
professional to conduct an asbestos survey, consistent with National Emission Standards for hazardous Air
Pollutants (NESHAP) standards to determine the presence of asbestos containing materials. Demolition of
or within existing buildings on individual parcels onsite must comply with State law, which requires a
certified contractor where there is asbestos-related work involving 100 square feet or more or such
materials to ensure that ce1iain procedures regarding the removal of asbestos are followed.
• HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage
drums, and automobiles) shall be removed offsite and properly disposed of at an approved landfill facility.
Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any
stained soils observed underneath the removed materials shall be sampled. Results of the sampling would
indicate the appropriate level of remediation effmis that may be required.
• HM-8 If unknown wastes or suspect materials are discovered during construction on individual
prope1iies that are believed to involve hazardous waste/materials, the contractor shall:
o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the
public from the area;
o Notify the project engineer of the City of Carlsbad;
o Secure the areas as directed by the project engineer, and;
o Notify the City's hazardous waste/materials coordinator.
• HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the
land use of a property or propose development or redevelopment, disclosure of inclusion on the Cotiese
List (Government Code Section 65962.5) shall be required. If an application i.s for property included on the
Cortese List, the applicant shall provide evidence that describes the requireq remediation process, through
text and graphics, and (l) d~rnon~trates compliance is occurring or has occurred with all applicable federal,
state, and local regulations~·(2) describes all necessary actions and approvals to remediate the property and
includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe,
current status, and any monitoring required during and following remediation; (4) discusses any restrictions
on use of the property upon reclamation completion; (5) includes all other required infonnation as deemed
necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of
the site.
Hydrology and 'Vater Quality
.. WQ-1 Prior to issuance of a grading permit, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Stonn Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutmits will be controlled through compliance with the City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08,
NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007-0001, NPDES
CAS0108758). The applicant s}Jall be responsible for monitoring and maintaining the BMP erosion control
measures identified below on a weekly basis in acc<?rdance with the City's grading and erosion control
requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be
noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following:
o Silt fence, fiber rolls, or gravel bag berms
o Check dams
o Street sweeping and vacuuming
o Storm drain inlet protection
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil
o Concrete waste management
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GPA 03-02
2005-2010 Housing Element
• WQ-2a. Prior to issuance of grading 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 approvai
by the City of Carlsbad City Engineer, a stormwater management plan 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 detennination by the Carlsbad City
Engineer that the proposed project has incorporated post-development water quality pollution control site
design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those
identified below into the project design to the maximum extent practicable:
o street sweeping
o inlet basin labeling
o Filtering bioretention units
o Pervious pavement
o Vegetated swales
o Detention/infiltration basins
o Covered trash enclosures
• WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions
of Order R9-2007-0001 and to show they are designed so that postproject runoff flow rates and directions
do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall
incorporate LID design techniques to reduce the amount of runoff by .mimicking the natural hydrologic
function of the site by preserving natural open spaces and natural drainage channels, minimizing
impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the
site. LlD techniques include, but are not limited to:
o Vegetated buffer strips
o Vegetated bio swales
o Rain gardens
o Porous pavements
o Bioretention areas
o Vegetated roofs
o Storm water planter boxes
o Infiltration trenches
o Dry wells
• WQ-3 In conjunction with tl;e sale, rental or lease of a residence or business property, all prospective
owners and tenants shall be notified .in writing through Covenants, Conditions, and Restrictions (CC&Rs)
that they shall:
o Establish or work with established disposal programs for the removal and proper disposal of toxic
and hazardous waste products.
o Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such
fluids; into any public or private street or into any storm drain or storm drain conveyance.
o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such
chemical treatments in accordance with federal, State, County, arid City requirements as prescribed
on their respective containers.
o Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the
landscaping and/or surface improvements. Developer shall establish a homeowner's association
and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval.
o Prior to issuan~e of a building permit, the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the California Department of
Real Estate and the Planning Director.
• WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and
stormwater runoff shall be prepared. The report shall demonstrate compliance with current applicable
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GPA 03-02
2005-2010 Housing Element
hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or
shall dernonstrate no increase inrunoff peak flows through onsite detention.
• WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110,
Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all
applicable studies and repmis, including those required by other agencies, such as FEMA, as directed by the
City Engineer.
• WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2,
which require preparation of site-specific geotechnical investigations and compliance with Uniform
Building Code and other structural regulations.
Noise
• N-1 A noise study shall be submitted with all discretionary applications for residential projects of five
or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown
on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall
identify design features such as noise attenuation walls and mechanical building ventilation necessary to
enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from
McClellan-Palomar Airport) and 45 dBA CNEL is the interior noise level to which all residential units shall
be mitigated.
• N-2 To minimize noise impacts, project design techniques shall be used during any discretionary
review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source.
This can be done, for example, by increasing the distance between the noise source and the receiver;
placing non-noise sensitive uses such as parking areas, maintenance facilities; and utility areas between the
source and the receiver; using non-sensitive structures, su:~h as a garage, to shi,eld noise sensitive areas; and,
orienting buildings 10 shield:oi.Jtdoor spaces from a noise source. ·
• N-3 As applicable, future residential development shall comply with the policies of the City of
Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual.
• N-4 As applicable, future residential development shall comply with the following requirements:
o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied
sensitive habitats.
o Construction equipment, including vehicles, generators, and compressors, shall be maintained in
proper operating condition and shall be equipped with manufacturers' standard noise control
devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures).
o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to
between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is
prohibited on Sundays and holidays. The City Manager may grant an exception for night work
during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are
no inhabited dwellings within 1 ,000 feet of the construction site.
o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or
minimize the use of engine-driven generators. ·
o Staging areas for construction equipment shall be located as far as practicable from residences and
sensitive habitats.
o Operating equipment shall be designed to comply with all applicable local, state, and federal noise
regulations.
o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction-
generated noise greater than 75 dBA within 50 feet of sensitive receptors.
o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be
powered by batteries, solar power, or similar sources, and not by an internal combustion engine.
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2005-2010 Housing Element
• N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction
noise in-lpacts to sensitive bird species, migratory birds, or raptors to below a level of significance.
• N-6 Future development shall comply with the following requirements as applicable:
o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this propetiy is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning Department).
o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
Public Services
• PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management
Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth
Management Plan and its performance standards for public facilities, this plan shall show how and when
the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities,
schools, libraries, city-administrative facilities, parks and open space._ This plan shall also include an
inventory of present and future requirements for each public facility, a phasing schedule establishing the
timing for provision of each facility, and a financing plan for funding the necessary facilities.
Transportationffraffic
• T-1 Require new development to provide a traffic analysis report, as ;·applicable, according to City
standards and as may be required by the City Engineer.~ This report shall evaluate project specific traffic
impacts and identitY mitig~tion for impacts.
• T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management
performance standards for circulation facilities, which ensures future development will not exceed the
traffic load and capacity of the City's street system and intersections.
• T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIF)
program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department.
• T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City
shall coordinate the project's environmental review with these jurisdictions to determine the need for any
mitigation of the potential impacts.
• T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which
connect to nearby community centers, commercial developments, parks, schools, points of interest, major
t.ranspmiation corridors and the Carlsbad Trail System.
• T-6 For development proposed adjacent to or near the North County Transit District railroad right of
way, traffic analysis reports required by mitigation measure T -1 shall address any traffic increase impacts
over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City
Engineer,
Utilities and Service Systems
• USS-1 Prior to issuance of a grading permit, 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, and the General
Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
54 Rev. 12113/07
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
GPA 03-02
2005-2010 Housing Element
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR
WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
(Not applicable)
Date Signature
55 Rev. 12/13/07
p 2 f 23 age 0
<·· < ·:.,' .. ::·· ,:,' r~Ni 9atia'n ~·e.~~lli~:··.\.·; .l.;L~:;·~·t·1·i·y;e.::.··),·?i·;,!:)·~· '·:,.?:~;·; ''i' Monitoring .. : ..
. , .. :·· .. .>. >•..: .... ·. ::·,<··· ·tvbe ,':>··:;
• A-2 As applicable, all future development projects in Project
the City shall comply with the following General Plan policies:
0 Arrange land use so that they preserve community identity and
are orderly, functionally efficient, healthful, convenient to the
public and aesthetically pleasing. (Land Use Element, Overall
Land Use Pattern, C.1)
0 Ensure that the review of future projects places a high priority
on the compatibility of adjacent land uses. (Land Use Element,
Overall Land Use Pattern, C.2)
0 Review the architecture of buildings with a focus on ensuring
the quality and integrity of design and enhancement of the
character of each neighborhood. (Land Use Element, Overall .,
Land Use Pattern, C.6)
'
0 Ensure that grading for building pads and roadways is
accomplished in a manner that maintains the appearance of
natural hillsides (Land Use Element, Environmental, C.3)
• A-3 As applicable, developers shall submit and obtain Project
Planning Director approval of an exterior lighting plan,
including parking areas, recreation areas and other
applicable components of residential projects. All lighting '
shall be designed to reflect downward and avoid any impacts
on adjacent homes or property. For any lighting adjacent to
or within 1 00 feet of open space and sensitive habitat areas,
the lighting plan shall demonstrate compliance with the
Adjacency Standards of the Carlsbad Habitat Management
Plan. . '
• A-4 Construction lighting shall be shielded or directed Project
away from adjacent residences and sensitive receptors to
light, including sensitive habitats.
• A-5 All projects adjacent to open space and sensitive
habitat areas shall comply with the lighting recommendations
found in the Adjacency Standards of the Carlsbad Habitat
Management Plan, including the following:
Explanation of Headings:
Type -Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation meas~re.
f'-Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and ddted.
_..\,.,Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
---Remarks= Area for describing status of ongoing mitigation measure, or for other information.
.·<;{tl%~W~~~t·<· ·Shown on : •• ~irrriW~%:~i~t~tib~: ..
.. · . <Remarks.· · <.:''Prahs <''• .. ; . ; .. · .··., ..
Planning,
Engineering
!
Planning
,.
Planning,
Building,
Engineering/P
ublic Works
Planning
Page 4 of 23
•
•
and on the adjacent roadway shall be swept or vacuumed and
disposed of at the end of each workday to reduce resuspension
of particulate matter caused by vehicle movement.
o Vegetation disturbed by construction or maintenance activity
shall be revegetated upon completion of work in the area,
where appropriate.
o Electrical power shall be provided from commercial power
supply wherever feasible, to avoid or minimize the use of
engine-driven generators.
o Air filters on con~truction equipment engines shall be
maintained in clean condition according to manufacturers'
specifications.
o The construction contractor shall comply with the approved
traffic control plan to reduce non-project traffic congestion
impacts. Methods to reduce construction interference with
existing traffic and the prevention of truck queuing around local
sensitive receptors shall be incorporated into this plan.
o Trucks and equipment shall not idle for more than 15 minutes
when not in service.
BR-1 Projects with the potential to impact sensitive biological
species and habitats, as determined by the City, shall comply with
the California Environmental Quality Act (CEQA), California
Coastal Act, the Multiple Habitat Conservation Program (MHCP),
the HMP and other applicable documents including but not limited
to those identified in subsection 5.1, Regulatory Context, of the
City's "Guidelines for Biological Studies," dated May 29, 2008, and
as may be amended from time to time
BR-2 For projects with the potential to impact sensitive
biological species and habitats, as determined by the City, a biology . I resources technical report (BTR) shall be prepared. The BTR shall
provide the necessary information to establish the current status of
biological resources within a project footprint, an analysis of potential
project impacts, and mitigation measures that should be
implemented to reduce the impacts to below a level of significance.
The format and content of the BTR shall be similar to report
Explanation of Headmgs:
Type = Project, ongoing, cumulative.
Projecrt.
Project
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
_DShown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated .
., .... 'Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
\.)"'Remarks= Area for describing status of ongoing mitigation measure, or for other information.
Planning
Planning
p 6 f 23 age 0
.' ,· ,_-___ >(y:· i, ·'-' . Mitigation Mea.su're ' ·:<'.'''}i -:·#:'. ····---:·: •. toJ1onitoring > ... ' ·. ,, ,, ' ' ' ... -.~ • .,. <: • )' : '>iTypei
agencies at the time of project permitting.
0 BR-3d Impacts to Type D (unoccupied coastal sage scrub,
coastal sage/chaparral mix, chaparral), Type E (annual,
nonnative grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not
conserved or mitigated onsite.
• BR-4 Construction activities, including clearing and grubbing, Project
in or adjacent to habitat occupied associated with sensitive
species, migratory birds, or raptors, shall be generally prohibited '
during the bird breeging season (February 15-September 15). If
construction activities cannot be avoided during this time the
following measures shall be taken: ,,
0 BR-4a A qualified biologist shall conduct a focused species '
gnatcatcher survey in appropriate habitat within and
surrounding the project areas. The surveys will consist of three
visits, one week apart; the last of these shall be conducted no
more than three days prior to construction.
0 BR-4b Surveys shall also be conducted by a qualified biologist
in appropriate habitat for nesting raptors and migratory birds
(including, but not limited to, the least Bell's vireo) within three ' . days of construction.
0 BR-4c If nests of sensitive species, migratory birds, or raptors
are located, the project applicant shall receive confirmation
from the biologist that construction may proceed or continue
and implement any necessary mitigation measures.
0 BR-4d During the breeding season, construction noise shall be '. measured regularly to maintain a threshold at or below 60 dBA
hourly Leq within 300 feet of breeding habitat occupied by
listed species. If noise levels superseded the threshold, the
construction array will be changed or noise attenuation
measures will be implemented.
• BR-5 Where required, protocol-level surveys will be Project
conducted for sensitive plant or wildlife species prior to
construction, as determined by the Wildlife Agencies.
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation meas~re.
("fhown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated.
~erified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
(_)\Remarks= Area for describing status of ongoing mitigation measure, or for other information.
:':Monitoring : >'Shol;\ln-on · •' Verified''·-·····.-_·. .. , ..
.--Departmemt:.•-<\{:'rians L• · ·-. i mplerrienfa tion ' -~ '.·-~~il)m~s,.
Planning
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Page 11 of 23
,··.· ... · " ..•.•. , •. ·,.,· · ·'······ ·· ·· ·· · • ,;;-·. ·.i \ ····•:>·'.,;.'c;·v: <' ... (:' Monitoring... Mqnitori.ng / .. Shown ori J ... }'erified .: , ··
····•· .. ··.·•· .... · .. · , .. . ··•·.···· .·.·.·.· .... · ·· ~itigation, Mea.su:~.e '.< ; ; :., .· ...• <'. •; .•:: ·>y~;. . •/'."fl,lpe'· · ··. Departnl'erit ·, • >. 'pians · ·· . Implementation·. f3ernarks
in that area and procedures set forth in the California
Public Resources Code (Sec. 5097.98) and State Health-1
and Safety Code (Sec. 7050.5) shall be implemented.
Construction in that area shall not resume until the
remains have been evaluated and conveyed to
appropriate descendants or reinterred to the satisfaction
of the Pl.
o CR-2e The archaeologist shall notify the PO, in writing, of
the end date of monitoring. The archaeologist shall be
responsible for ensuring that all cultural remains collected
are cleaned, catalogued, and permanently curated with
an appropriate institution; that a letter of acceptance from
the curation institution has been submitted to the
Planning Department; that all artifacts are analyzed to
identify function and chronology as they relate to the
history of the area; that faunal material is identified as to
species; and that specialty studies are completed, as
appropriate.
o CR-2f: Within 3 months following the completion of
monitoring, the Draft Results Report (even if negative)
and/or evaluation report, if applicable, which describes
the results, analysis, and conclusions of the
Archaeological Monitoring Program (with appropriate
graphics) shall be submitted to the PO for approval. For
significant archaeological resources encountered during
monitoring, the Research Design and Data Recovery
Program shall be included as part of the Draft Results
Report. The qualified archaeologist shall be responsible
for recording (on the appropriate State of California
Department of Park and Recreation forms-DPR 523 NB)
any significant or potentially significant resources
encountered during the Archaeological Monitoring
Program, and submitting such forms to the SCIC with the
Final Results Report.
Explanation of Headings:
Type= Project, ongoing, cumulative.
_ Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation meas~re.
() Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and d~ted.
-.., Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
(_) Remarks =Area for describing status of ongoing mitigation measure, or for other information.
Page 17 of 23
.. . Mitigation M~~sure < •. ,.·· •.• :-f >~,. ;j Monitoring, • Moni!orin9. ~ .. ·.·.·.·.•.·······S···.'.·.'.·.hp·a.·.,wa·.··nnso.·•-•---.n ·.· .. ·.·.··,·,··m•.Sv,.e.emriefin~tda·t· ',.'a·n· ' Rema~ks·. ·,, ,, .... · •.· ·.. ~'--.·.· ·: ·' ·· :_, ., ·c'r, : '; '·>Type · , 1 ;Department. . ·.· . '~--'' .
(SWPPP) to demonstrate that pollutants will be controlled through
compliance with the City of Carlsbad Standard Urban Stormwater
Mitigation Plan (SUSMP), General Construction Stormwater Permit
(Order No. 99-08, NPDES CAS000002), and the General
Municipal Stormwater Permit (Order R9-2007-0001, NPDES
CAS01 08758). The applicant shall be responsible for monitoring
and maintaining the BMP erosion control measures identified
below on a weekly basis in accordance with the City's grading and
erosion control requirements (Municipal Code Section 15.16. et
seq.). The locations of all erosion control devices shall be noted on
the grading.plans .. BMPs that shall be installed include, but are not
limited to, the following:
o Silt fence, fiber rolls, or gravel bag berms
o Check dams
o Street sweeping and vacuuming
o Storm drain inlet protection
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary
waste, and contaminated soil
o Concrete waste management
• WQ-2a. Prior to issuance of grading 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 by the City of Carlsbad City Engineer, a stormwater
management plan 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 post-
development water quality pollution control site design BMPs,
source control BMPs, and numerically-sized treatment control
BMPs such as those identified below into the project design to the
Explanation of Headings:
Type -Project, ongoing, cumulative.
Project,
ongoing
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. O Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated.
__ Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. ~ Remarks =Area for describing status of ongoing mitigation measure, or for other information.
Engineering
p 20 f 23 age 0
·'':.': ·>·,. < ··.···• · ··,:·Mitig• ti6Pi;:;~.·~· ~:~~.~;::/:·'_; .. ·-z.?~; ~:·;>~f;;6,l·i?(1···;·:.·;~.; : ., . >·-ig~tL, :.-~·~, . •s•:·.-:,_j:·: ' , - -. IVI9nitc>rin,g -,type''.;·.
preparation of site-specific geotechnical investigations and
compliance with Uniform Building Code and other structural
regulations.
• N-1 A noise study shall be submitted with all Project
discretionary applications for residential projects of five or
more dwelling units located within or 500-feet beyond the 60
dBA CNEL noise contour lines as shown on Map 2: Future
Noise Contour Map in the Noise Element of the General Plan.
This noise study shall identify design features such as noise .
attenuation walls and mechanical building ventilation
necessary to enforce the City policy that 60 dBA CNEL is the .,
exterior noise level (65 dBA if subject to noise from
McClellan-Palomar Airport) and 45 dBA CNEL is the interior '
noise level to which all residential units shall be mitigated.
• N-2 To minimize noise impacts, project design Project
techniques shall be used during any discretionary review of a
residential or other noise sensitive project to shield noise
sensitive areas from a noise source. This can be done, for
example, by increasing the distance between the noise
source and the receiver; placing non-noise sensitive uses ;
such as parking areas, maintenance facilities, and utility
areas between the source and the receiver; using non-
sensitive structures, such as a garage, to shield noise
sensitive areas; and, orienting buildings to shield outdoor
spaces from a noise source.
• N-3 As applicable, future residential development shall Project -
comply with the policies of the City of Carlsbad General Plan
Noise Element and City of Carlsbad Noise Guidelines
Manual.
• N-4 As applicable, future residential development shall Project
comply with the following requirements:
0 Heavy equipment shall be repaired at sites as far as practical
from nearby residences and occupied sensitive habitats.
Explanation of Headings;
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. ~own on Plans =When mitigation measure is shown on plans, this column will be initialed and d~ted.
Oerified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
>marks =Area for describing status of ongoing mitigation measure, or for other information.
fylo[litorirrg, .. · ~;;:,·§h~1~~~o~::·. -·':::':Verified'····•:·:: , .. . , Re~arl<'s •.;
. • Depaitnient. -lmplerne'ntation· . ' -..
Building
Planning
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Planning
Planning,
Building,
Engineering
--0
p 21 f 23 age 0 .. :; ·.,... · .. ·: ..... ;. :·> ....... '.:::•:::<• ·,· ':; ·~::· .... : .... ·;·. ' ; ;)t.: n;~(:;'it,i(., .. f·i: :.·!!·i~rJt',':,::~;.~ ; ··i· y~;~t~~ing_.::;: > ... '·Mitigation ,Measure·. · .. ·: ··_ •.•' .. . . .... '. .. ......
0 Construction equipment, including vehicles, generators, and
compressors, shall be maintained in proper operating condition
and shall be equipped with manufacturers' standard noise
control devices or better (e.g., mufflers, acoustical lagging,
and/or engine enclosures).
0 The City's noise ordinance (Municipal Code Section 8.48.01 0)
limits the hours of construction to between 7 a.m. and sunset
on weekdays and 8 a.m. to sunset on Saturdays. Construction
is prohibited on Sundays and holidays. The City Manager may
grant an exception for night work during the night, Sundays,
and holidays if the construction is in a nonresidential zone and
there are no inhabited dwellings within 1,000 feet of the ..
construction site.
0 Electrical power shall be provided from commercial power '
supply, wherever feasible, to avoid or minimize the use of
engine-driven generators.
0 Staging areas for construction equipment shall be located as
far as practicable from residences and sensitive habitats.
0 Operating equipment shall be designed to comply with all
applicable local, state, and federal noise regulations.
0 Noise attenuation walls/buffers shall be used to shield sensitive . '
noise receptors from construction-generated noise greater than
75 dBA within 50 feet of sensitive receptors.
0 If lighted traffic control devices are to be located within 500 feet
of residences, the devices shall be powered by batteries, solar
power, or similar sources, and not by an internal combustion
engine. '.
• N-5 Refer to Mitigation Measure Biological Resources Project
BR-4, which will reduce potential construction noise impacts
to sensitive bird species, migratory birds, or raptors to below
a level of sig_nificance.
• N-6 Future development shall comply with the following Project
requirements as applicable:
0 Prior to the recordation of the first final (tracUparcel) map or
Explanation of Headings:
Type= Project, ongoing, cumulative.
Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation meas:ure.
Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated.
.
Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
Remarks =Area for describing status of ongoing mitigation measure, or for other information.
.. l\i10f1itorihg ·.·. ·· .. ··.?~3~t~~~9···.: i., ........ ,verified >·: i: .; .,:· ·.·· .. ·. Remarks . :Department· · ·1 rl,plementc:ition ·.:... : ... _ :
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