HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6936
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR QUARRY CREEK MASTER PLAN,
EIR 11-02, AND RECOMMENDING ADOPTION OF THE
CANDIDATE FINDINGS OF FACT, A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A MASTER PLANNED COMMUNITY
ON A 156-ACRE PROPERTY GENERALLY LOCATED
SOUTH OF HAYMAR ROAD AND WEST OF COLLEGE
BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK MASTER PLAN
CASE NO.: EIR 11-02
WHEREAS, Quarry Creek Investors, LLC, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Hanson Aggregate
Pacific Southwest, Inc., “Owner,” described as
That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the
County Recorder of said San Diego County, November 16,
1896 and also described as Assessor’s Parcel Number 167-040-11-00; and
That portion of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to patent map thereof, recorded in Book 1, Page 150 of patents, filed in the Office of the County Recorder of said San Diego County, and also described as Assessor’s Parcel Number 167-040-21-00
(“the Property”); and
WHEREAS, a Project Environmental Impact Report (EIR 11-02) was
prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on February 6, 2013, hold a duly
noticed public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6936
PC RESO NO. 6936 -2-
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Project EIR, Candidate Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing
the information submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Project EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 11-02, dated February 6, 2013, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating
a copy of the minutes of said public hearing into the report, all on file in the
Planning Division incorporated by this reference, and collectively referred to
as the “Report.” C) That the Environmental Impact Report, EIR 11-02, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project.
D) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Environmental
Impact Report for the QUARRY CREEK MASTER PLAN, EIR 11-02 and RECOMMENDS ADOPTION of the Candidate Findings of Fact (“CEQA Findings”) and the Statement of Overriding Considerations ("Statement"), attached hereto marked as “Exhibit A” and incorporated by this reference
and of the Mitigation Monitoring and Reporting Program (“Program”),
attached hereto marked as “Exhibit B” and incorporated by this reference;
based on the following findings and subject to the following condition.
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 11-02, the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, have been
prepared in accordance with requirements of the California Environmental Quality Act,
the State EIR Guidelines, and the Environmental Review Procedures of the City of
Carlsbad.
PC RESO NO. 6936 -3-
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2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
considered Final Project EIR 11-02, the environmental impacts therein identified for
this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and
Statement of Overriding Considerations attached hereto as “Exhibit A,” and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as “Exhibit B,” prior to RECOMMENDING APPROVAL of this project.
3. The Planning Commission finds that Final EIR 11-02 reflects the independent
judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does accept as its own, incorporate as if set forth in full
herein, and make each and every one of the findings contained in the CEQA Findings
(“Exhibit A”), including feasibility of mitigation measures pursuant to Public Resources
Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The Planning Commission hereby finds that the Program (“Exhibit B”) is designed to
ensure that during project implementation, the Developer and any other responsible
parties implement the project components and comply with the feasible mitigation
measures identified in the CEQA Findings and the Program. 6. The Record of Proceedings for this project consists of The Report, CEQA Findings,
Statement and Program; all reports, applications, memoranda, maps, letters and
other planning documents prepared by the planning consultant, the environmental
consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Project EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of
Carlsbad which they may consider, including but not limited to, the Carlsbad
General Plan, Carlsbad Zoning Ordinance, Quarry Creek Master Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City
Planner.
Condition:
1. The Developer/Owner shall implement the mitigation measures described in “Exhibit B,” the Mitigation Monitoring and Reporting Program, for the mitigation
measures and monitoring programs applicable to development of the Quarry Creek
Master Plan.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 6, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
{)A~ )/ 5~
1' ~ 0 hi A A_.,
· KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
18 City Planner
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PC RESO NO. 6936 -4-
Exhibit "A"
February 6, 2013
Findings of Fact and Statement of Overriding Considerations
California Environmental Quality Act
Findings of Fact
(Public Resource Code §21081 CEQA Guidelines §15091 )
and
Statement of Overriding Considerations
(CEQA Guidelines §15093)
for the
Final Environmental Impact Report (EIR 11-02)
Quarry Creek Master Plan
(SCH No. 2012021039)
1.0 INTRODUCTION
A Final Environmental Impact Repmt (hereafter "Final EIR" or "FPEIR") has been prepared pursuant to
the Califomia Environmental Quality Act to address the potential environmental effects of the proposed
Quany Creek Master Plan and associated actions (hereafter "Proposed Project") and considered by the
City in connection with its public consideration of requested approvals for the Proposed Project. While
the full scope of the Proposed Project and associated approvals are detailed fin1her in Section 1.1
Proposed Project, the Proposed Project generally consists of the Quany Creek Master Plan, which would
provide a comprehensive set of guidelines, regulations, and implementation programs intended to ensure
the orderly development of a 156-acre commtmity, and the conse1vation of open space areas in
accordance with the City's General Plan, the Local Facilities Management Plan for Zone 25, the City's
Habitat Management Plan, and applicable policies and regulations.
The Final Program EIR also analyzed the environmental effects of a range of project altematives as well.
The Final Program EIR and its separately bound technical appendices are incorporated herein by
reference as though fully set fo1th.
1.1 PROPOSED PROJECT
The proposed Quany Creek Master Plan project site consists of 156 gross acres of land located within
Local Facilities Management Zone 25, in the nmtheast quadrant of the City of Carlsbad, San Diego
County. The project site is located approximately two miles east of Interstate 5 (I-5) and is immediately
south of State Route 78 (SR-78). The site is immediately bordered by the jurisdictional limits of the City
of Oceanside on the east and the nmth. Local access to the project site is cunently provided by Manon
Road, where it te1minates at the westem botmdary of the Quany Creek Plaza shopping center, and
Haymar· D1ive, which is located at the nmtherly boundary of the Master Plan project site.
Project Characteristics
The Quany Creek Master Plan provides a comprehensive plan for the development of the 156-acre
project site, providing for a var·iety of residential, public use, and open space uses. The Master Plan
provides development regulations tailored to each individual planning area, design guidelines, and public
infrastructure. Five residential planning areas, five public use ar·eas, and four open space areas are
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
1 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
proposed tmder the Master Plan Land Use Plan. Full development of the Master Plan would provide a
total of 656 residential dwelling tmits.
Residential Development
Approximately 48.9 acres (or 31 percent) of the project site will be devoted to residential land uses. The
Master Plan proposes a diverse mix of residential neighborhoods, organized into five planning areas:
R-1, R-2, R-3, R-4, and R-5. These proposed residential planning areas would allow the development of
both for sale and for rent, attached and detached residentialtmits.
Residential Planning Areas (PAs) R-1 and R-2 are proposed for high density residential development
(15-23 dulac). Residential PAs R-3, R-4, and R-5 are proposed at medium-high densities (8-15 dulac).
Upon buildout of the proposed project, the development areas of the Master Plan will contain a maximum
of 656 dwelling tmits in a range of product types, densities, and price ranges, including both market-rate
units and dwelling units provided under the City's Inclusionruy Housing Ordinance.
The proposed residential buildings will feature five ru·chitectural styles. The five ru·chitectural styles ru·e
the Cottage, Craftsman, European Cmmtry , Monterey and Spanish Colonial. These styles ru·e intended to
provide vru·ied yet hrumonious ru·chitectural themes. Direct connections between these residential areas
and the off-site existing commercial uses will be provided in order to allow for a convenient mix of uses.
The residential neighborhoods will also include recreation and social activity areas in order to foster
healthy, vibrant, and efficient neighborhoods.
Public Use
Public use ru·eas would be dispersed throughout the buildable ru·eas of the Master Plan. The public use
ru·eas would make up approximately 8.2 acres (6 percent) of the developed community and ru·e intended to
encourage pedestrian activity through a logical connection of tr·ails, sidewalks, public vehicle parking,
bicycle facilities, and community uses, all within a short walk from residential neighborhoods. A
Community Facilities site would be provided at the Manon Road entry to the site fi:om the east, in a
location proximate to both the proposed residential neighborhoods and the adjacent off-site commercial
center.
Open Space
The proposed project would permanently protect 87.9 acres (56%) of the Master Plan ru·ea in natural open
space. The proposed open space plruming ru·eas incorporate the most tmique natural and cultural features
located within the Master Plan ru·ea, including the steep slopes on the southern perimeter, the El Salto
Falls and Buena Vista Creek through the center of the site, wetlands in the north-center, and tributary
ephemeral streambed in the southwest panhandle. Some of these protected ru·eas will be biologically
restored to ensure long-term biological viability. Hiking tr·ails, shade trees and other passive recreation
ru·eas are interspersed to ensure availability and utility of open spaces to the degree that these uses ru·e
compatible and not destructive of the environmentally beneficial uses of these spaces. The proposed
HMP Hardline open space ru·eas will be the subject of a permanent conservation easement and funding
will be provided for permanent management.
L ~"'":) Quarry Creek Master Plan
.eLl ... ' Final EIR
2 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
Circulation
The proposed project would involve the extension of Manon Road into the project site; however, this
road would not be connected to its existing tetminus to the west of the project site (east of El Camino
Real) as is cunently identified in the City of Carlsbad's General Plan Circulation Element.
The proposed project would contain a seties of two generalized loop systems for vehicular access to the
entirety of the developable area of the prope1ty. The main ently to the site is from Manon Road, at its
present terminus at the west end of the existing Quany Creek shopping center. At this point, Manon
Road will be extended as a two-lane conti'Olled collector street to loop westerly and retum to a nOith-
south local collector street which will cross Buena Vista Creek via a btidge, to anive at a "T" intersection
at Haymar Drive, which completes an off-site easterly loop back to College Boulevard.
Traffic calming measures have been incoiporated into the project design as an impottant patt of the
provision of "Complete Streets," or livability of the proposed commtmity. These measures conu·ibute to
allowing the roadway to operate with all users in mind, including motorists, bicyclists, public
transportation vehicles and pedesu·ians. Bike lanes will be included on all public su·eets within the
project..
The proposed project would contain an accessible and convenient connection to the regional bus system
and the PA P-1 Highway 78 Pru·k and Ride lot.. The Park and Ride lot will be primarily used by freeway
catpoolers. Consistent with Smatt Growth policies, the N011h Cmmty Transit Disu·ict (NCTD) bus route
will provide setvice to the project and the bus stop on Haymru· Drive within the project will feature su·eet
fumiture, including benches, shelters and u·ansit inf01mation.
Habitat Management Plan
The existing HMP Hru·dline would consetve a total of 73.25 acres on-site. The proposed project would
consetve 83 .1 acres, including individual sensitive habitat categories, in excess of the 73.25 acres under
the cunent HMP Hardline. While the project does not exactly match the boundru·ies of the revised
Hru·dline Presetve Areas under the Cru·lsbad HMP, the proposed project is considered consistent with the
Cru·lsbad HMP because it meets the goals and objectives of the HMP by providing equivalent type and
quantity of habitat ru·eas within the project site.
Water Quality
A lru·ge amount of storm water on-site will be directed to extended detentionlbio-retention areas to
dissipate and filter pollutants through the use of select planting matetial in water quality facilities before
the st01m water nmoff reaches Buena Vista Creek. Such facilities collect and slowly convey nmoff flow
to downsu·eam locations and function by filteting water through vegetation and amended soil, thereby
providing u·eatinent and detention and retention of nmoff before it moves downstream in Buena Vista
Creek. Off-site low flows fi:om two adjacent watersheds will be u·eated using high rate media filters.
Grading
Grading of the project site will involve approximately 582,000 cubic yru·ds of cut and 582,000 cubic yru·ds
of fill. A total of 73.5 acres will be graded, resulting in 7,918 cubic yru·ds of grading per acre. Remedial
grading will involve 192,000 cubic yards. Minor grading will occur in two ru·eas located immediately off-
site, as discussed below.
L ~"'":) Quarry Creek Master Plan
.eLl ... ' Final EIR
3 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
Off-site Improvements
Implementation of the proposed project will involve constmction of several off-site improvements. These
improvements include the construction of sewer line connections, potable and reclaimed water lines, the
Man on Road trailhead and a tr·ail connection to Simsbmy Comt . The project involves grading in the
Oceanside parcel located immediately east of Planning Area R-1, and grading/fill immediately off-site
adjacent to the existing retaining wall associated with the Quany Creek Plaza shopping center,
immediately east of the project site's eastern boundary. Improvements will also be made to Haymar·
Drive to improve the str·eet to local str·eet standar·ds.
1.2 PROJECT OBJECTIVES
The following statements represent objectives of the project. These objectives also provide a basis for
identification of alternatives evaluated in the EIR.
• Provide land uses that are compatible and complementaty with the existing smrounding and
adjacent land uses and facilities in an effmt to sustain the San Diego Association of Governments
(SANDA G) "Smart Growth" ptinciples for the Quany Creek ar·ea.
• Establish sufficient land use intensity on the site to suppmt the "Community Center" designation
on the Smart Growth Concept Map.
• Provide a high density and medium-high density commtmity in compliance with the policies of
the Housing Element of the Car·lsbad General Plan.
• Establish a comprehensive development plan for the site that provides an appropriate balance of
open space, residential and public use land uses.
• Develop a sustainable community by foc using the land use design par·ameters on environmental,
cultmal, social and economic sustainability. Provide a plan that is str·ongly influenced by
recognition of the balance between human interaction (development of urban uses) and natmal
systems (environmental consetvation), in order to meet the needs of cmTent and fhtme
generations, and to respect the histmy of past generations who have lived on the prope1ty.
• Construct a community that presetves and protects the most impmtant cultmal heritage aspects of
the prope1ty.
• Provide a plan that petmanently presetves the cultmally-significant El Salto Falls and the full
alignment of Buena Vista Creek through the Quar1y Creek prope1ty, and includes a significant
development buffer of native landscape protecting each of these natmal and histmi c propetties.
• Comply with the Car·lsbad HMP and consetve open spaces through consistency with the
requirements of the City of Carlsbad and Wildlife Agencies approved HMP. The Master Plan
clusters proposed development only to a number of compact areas allowed for development as
defmed in the HMP. This will allow for wildlife conidors and sensitive vegetation communities
to be consetved, mitigated, protected and managed in accordance with the standar·ds required by
these Agencies.
• Provide replacement land uses for the rock quar1y. Provide a modem , sustainable urban
development in place of highly-distmbed quany site, which has been utilized for tmattractive and
landscape-scaring mining operations since 1961.
• Implement a plan which is aesthetically pleasing, compatible, and complimentaty to adjacent land
uses and facilities.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
4 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
• Conse1ve open space areas for recreation and the prese1vation of sensitive environmental
resomces by clustering development within the non-environmentally sensitive areas of the
property, as indicated by the approved HMP Hardline.
• Implement the applicable p01t ions ofthe City of Carlsbad General Plan and Zoning Code; and the
Zone 25 Local Facilities Management Plan, as adopted by the concunent application.
• Provide an economically-viable development program for the prope1ty.
• Design a community that encourages social interaction through providing for the recreational and
open space needs of project residents and the City at large, by incorporating recreational land uses
including public areas, recreation facilities, pocket parks, a pedestiian circulation system and
substantial areas of pe1manently prese1ved natural open space.
• Provide for a vruiety of housing choices in order to accommodate the housing needs of a range of
economic levels and age groups, to promote social diversity and to supp01t an economically
viable development program.
• Add to the City's invent01y of housing diversity by providing both mru·ket rate and affordable
housing opp01tunities that are conveniently located adjacent to transportation, commercial,
recreational and public uses.
• Provide ru·chitectmal and landscape Guidelines applicable to an approp1iate mix of housing types
which meet the City's goals for establishing a sustainable community that is mru·ketable within
the evolving economic profile of the sunounding community and the City of Carlsbad as a whole.
• Modify the Cru'lsbad Circulation Element to eliminate Mrumn Road and Rancho del Oro Road
from extending through the Buena Vista Creek Ecological Rese1ve.
• Ensure sufficient developable acreage in different residential densities to provide vru·ied housing
types for households in all economic segments.
• Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
• Obtain approval of a development plan with sufficient vruiety of product types to overcome the
economic impact of the City of Cru·lsbad's infrastiuctme constiuction and public safety
requirements, which severely consu·ain infrastiuctme phasing on the prope1ty.
1.3 PURPOSE OF CEQA FINDINGS
CEQA Findings play an imp01tant role in the consideration of projects for which an EIR is prepared.
Under Public Resources Code §21081 and CEQA Guidelines §15091 above, where a final EIR
identifies one or more significant environmental effects, a project may not be approved 1mtil the public
agency makes w1itten findings supp01ted by substantial evidence in the adminisu·ative record as each of
the significant effects. In tum, the three possible fmdings specified in CEQA Guidelines §15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
5 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
(3) Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR.
CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was
prepared unless either:
1. The project as approved will not have a significant effect on the envirolllllent, or
2. The agency has:
a. Eliminated or substantially lessened all significant effects on the envirolllllent where
feasible as shown in the findings tmder Section 15091, and
b. Determined that any remaining significant effects on the envirolllllent found to be
unavoidable tmder Section 15091 are acceptable due to overriding concems as desctibed
in Section 15093.
2.0 FINDINGS OF SIGNIFICANT IMPACTS, REQUIRED MITIGATION MEASURES
AND SUPPORTING FACTS
The City, having reviewed and considered the infmmation contained in the EIR, finds pursuant to Public
Resources Code §21081(a)(1) and Guidelines § 15091(a)(l) that changes or alterations have been required
in, or incmporated into, the Project which would mitigate, avoid, or substantially lessen to below a level
of significance the following potential significant envirolllllental effects identified in the EIR.
2.1 AESTHETICS
2.1.1 Have a Substantial Adverse Effect on a Scenic Vista
A. Significant Impact. Character-defming features of Manon-Hayes Adobe building include its
histodc setting and viewshed from the full-length recessed corredor, qualities that contiibute to
its NRHP and CRHR eligibility. The corredor ftmctioned as primaty circulation space as well as
living space, and included a scenic view overlooking the Buena Vista Creek and open hillsides
located to the south. Development of the R-5 pmtion of the Panhandle with residential building
units will prutially intenupt the chru·acter of that scenic view, and present an obstmctive visual
impact on the feeling, setting, and association of the resource. As the obstiuctive visual impact of
the project will negatively impact the resource's historic chru·acter, the development of R-5 with
residentialtmits constitute a significant visual impact on the MatTon-Hayes Adobe.
B. Facts in Support of Finding (1). The Project's significant aesthetic impact related to having a
substantial adverse effect on a scenic vista would be mitigated to a level less than significant with
the implementation of redesigned aspects of the project, and implementation of Mitigation
Measures AES-1 through AES-3 provided below from the Final EIR.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
6 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
C. Mitigation Measures
Mitigation Measure AES-1
The Master Plan shall be maintained to specifically restrict the height limit within Planning Area
R-5 to a maximum of 30 feet in height. Additionally, any buildings constructed within Planning
Area R-5 shall utilize only eatth tone building colors and roof tiles. Language stating that the 30-
foot maximum height limitation and use of eruth tone building colors and roof tiles that explicitly
states that these restrictions can not be modified by any future Master Plan amendment (minor or
major) shall be incorporated into the Master Plan.
Mitigation Measure AES-2
Ptior to issuance of grading pemrits, the Applicant shall conduct a Level II Hist01ic American
Building Smvey (HABS) documentation to be submitted to the City for approval. The
photography component of the HABS documentation package would include several depictions
of the viewshed fi:om the southem fac;ade/corredor.
Mitigation Measure AES-3
Ptior to issuance of grading permits, the Applicant shall prepru·e and receive approval of an
interpretive signage plan, providing signage at a public site with visibility of the MatTon-Hayes
prope1ty, such as Proposed Park P-5, which will include a discussion of the ftmction and use of
the corredor and the viewshed from the southem fac;ade as well as cmTent and/or historic
photographs depicting the corredor and the viewshed from it. The site must be included in the
final building plans and submitted to the City for final approval.
Project Redesign
According to Section 15126.4 of the CEQA Guidelines, feasible measures should be considered
that minimize the significant adverse impacts on the MatTon-Hayes Adobe. As prefened
mitigation is project redesign that eliminates the visual intr11sion of the Quany Creek
development on the historic viewshed of the Adobe, several aspects of the project have been
redesigned to lessen that impact or are othetwise required by proposed mitigation measures:
• Limitation of the height of the Quru1y Creek Project. There will be a two st01y maximum
height in the R-5 neighborhood, the neighborhood that will be visible from the MatTon-
Hayes Adobe.
• Placement of the vegetation screening will obscure the visibility of the project
development to the greatest extent possible (in temiS of density and height) and in
accordance with the approved landscape plan. Selection of tr·eeslbushes that ru·e species
that ah·eady exist in the smTounding environment, preferably native species is required.
• The existing slope and existing landscaping will remain on the approximately 35 foot
slope facing the Mrumn-Hayes Adobe.
Homes ru·e required to be fmished in eruth-toned colors as applied to roofs and wall smfaces.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
7 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
2.1.2 Create a New Source of Substantial Light or Glare
A. Significant Impact. The proposed project will introduce new light and potential sources of glare
to the area due to street lighting, private residential lighting, and parking lot lighting. Lighting
adjacent to Open Space areas will use shielded fixtures so that lighting would be shielded away
from adjacent open spaces. However, the project will increase the amotmt of lighting in the area.
The potential for light spill into adjacent habitat areas is considered a significant impact.
B. Facts in Support of Finding (1). The Project's significant aesthetic impact related to creating a
new source of substantial light or glare would be mitigated to a level less than significant with the
implementation of Mitigation Measure AES-4 provided below from the Final EIR..
C. Mitigation Measures
Mitigation Measure AES-4
Ptior to issuance of a grading pemrit, the Applicant shall integrate the following principles into
the project design and applicable project plans in order to reduce impacts associated with light
and glare. The following basic principles required in the provision of lighting may include but are
not limited to the following:
• Street lights shall provide a safe and desirable level of illumination for both motorists and
pedestiians without intmding into residential areas.
• All sti·eet lighting shall conf01m to City standards or an approved theme lighting
program, and shall be approved by the City Engineer.
• Illuminated enti·ies shall direct lighting low to the ground and be limited to only the
immediate vicinity of the ently .
• Lighted enti·ies shall not be disti·acting, create visual hot spots, or glare, etc.
• All Public Use lighting shall be resti·icted and designed so as not to significantly affect
any residential planning area, open space areas or other nearby propett ies. This can be
accomplished through the use of shielded lighting.
• All lighting conditions will be addressed in the review and approval of any site
development plan or other application.
• The plans shall be approved by the City of Carlsbad.
2.2 AIR QUALITY
2.2.1 Short-Term Construction Emissions
A. Significant Impact. PM10 and PM2 5 emissions would exceed SDAPCD air quality standards
between the strut of the project's grading period until the end of the grading period, and would
require mitigation to comply during these activities. This impact would be limited to grading,
trenching and fme grading only. No impacts ru·e expected dming the building constiuction
activities phase of the project.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
8 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
B. Facts in Support of Finding (1). The Project's significant air quality related to the grading
phase of the project would be mitigated to a level less than significant with the implementation of
Mitigation Measure AQ-1 provided below from the Final EIR.
C. Mitigation Measures
Mitigation Measure AQ-1
Ptior to issuance of a grading permit, the project applicant shall prepare a dust control measure
plan that includes Best Available Control Measures (BACM) that are designed to reduce PM10
emissions. The dust control plan shall be submitted to the City of Carlsbad Engineering Division
for review and approval. The following standards for constmction emissions shall be
implemented dming constmction:
• Apply water dming grading (which includes blasting activity)/grubbing activities to all
active disturbed areas at least twice daily;
• Apply non-toxic soil stabilizers according to manufacturer's specification to all inactive
constmction areas (previously graded areas inactive for ten days or more);
• Apply water to all on-site unpaved roadways at least two times daily;
• Reduce all constmction related traffic speeds on-site to below 15 miles per hour (MPH);
• In disturbed areas, replace gr·ound cover as quickly as possible;
• Suspend all excavating and gr·ading operations when wind speeds exceed 25 miles per
hour;
• All tmcks hauling diit, sand, soil, or other loose matetials are to be covered or should
maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the
load and the top of the trailer) in accordance with the requii·ements of Califomia Vehicle
Code (CVC) Section 23114; and
• Gravel pads (constmction entrances) must be installed at all access points to prevent
tracking of mud onto public streets.
2.3 BIOLOGICAL RESOURCES
2.3.1 Vegetation Communities
A. Significant Impact. Implementation of the proposed project would result in impacts to wetland
resources, including 0.34 acres of southem riparian woodland, 0.06 acres of southem willow
scmb, and 0.02 acres of mule fat scmb. The proposed project would also impact 46.1 acres of
upland vegetation commtmities, including 13.1 acres of Diegan coastal sage scmb (0.5 acre
occurs off-site), 1.1 acres of bacchads scmb, 0.2 acres of native gr·assland, 0.2 acres of coastal
sage chapanal scmb, 0.1 acres of southem mixed chaparral, 24.6 acres of non-native grassland,
6.3 acres of disturbed habitat (0.7 acre occurs off-site), 0.4 acres of non-native vegetation (0.02
acre occurs off-site), and 0.1 acres of eucalyptus woodland. The project would also "impact" 33.8
acres of developed land, including 1.6 acres in the City of Oceanside. Impacts to the vegetation
communities are illustrated on EIR Figure 5.4-2 and summarized in EIR Table 5.4-4. Impacts to
southem riparian woodland, southem willow scmb, mule fat scmb, unvegetated chatmel, Diegan
L ~"":) Quarry Creek Master Plan
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9 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
coastal sage scmb, baccharis scmb, native grassland, coastal sage chaparral sCiub, southem mixed
chapanal, non-native grassland, and disturbed habitat are considered significant and require
mitigation.
B. Facts in Support of Finding (1). The Project's significant impact to vegetation communities
would be mitigated to a level less than significant with the implementation of Mitigation
Measures BI0-1 and BI0-2 provided below from the Final EIR..
C. Mitigation Measures
Mitigation Measure BI0-1
Ptior to issuance of a grading pennit, mitigation plans for impacts to wetland and riparian species
shall be submitted to the City for approval. The following measures shall be implemented:
• Impacts to southem ripruian woodland, southem willow scmb, and mule fat scmb shall
be mitigated at a 3: 1 ratio with a minimum 1: 1 creation ratio. In total, impacts to ti pruian
vegetation communities shall require 1.26 acres of mitigation. The proposed project shall
include 0.42 acres of riparian creation, and 0.84 acres of enhancement of wetlands on-site
or immediately off-site along Buena Vista Creek. EIR. Figure 5.4-7 depicts the proposed
location of tipaiian creation.
• Altematively, the project may complete mitigation at an off-site location acceptable to
the City and Resource Agencies.
• Impacts to 0.2 acres of native grassland shall be mitigated at a 3:1 ratio (0.6 acres)
through on-site presetvation of 0.1 acres of native grassland and restoration of 0.5 acres
of native grassland within on-site open space.
• Impacts to 13.1 acres ofDiegan coastal sage scmb shall be mitigated at a 2:1 ratio (26.2
acres) through on-site presetvation of 24.7 acres of Diegan coastal sage scmb. The
remaining 1.5 acres shall be mitigated through restoration of Diegan coastal sage scmb
on-site.
• An additional 3.0 acres will be revegetated with Diegan coastal sage scmb species for
erosion control pmposes, and will be required to meet cover criteria for erosion control,
but will not be required to meet success criteria for Diegan coastal sage scmb being used
for project mitigation. All revegetated slopes will be maintained by the project proponent
until success ctiteria have been met before being added to the presetve to be managed by
the presetve manager.
• Impacts to 0.2 acres of coastal sage chapruTal scmb and 0.1 acres of southem mixed
chapruTal shall be mitigated at a 1:1 ratio (0.3 acres) through on-site presetvation of 0.2
acres of coastal sage chapanal scmb and 0.1 acres of southem mixed chapanal.
• Impacts to 24.6 acres of non-native grassland shall be mitigated at a 0.5:1 ratio
(12.3 acres). The applicant shall include presetvation of 10.0 acres of non-native
grassland and either payment of the in lieu fee or restoration of 2.3 acres of grassland
habitat on-site.
• Impacts to 6.3 acres of disturbed habitat, 0.1 acres of eucalyptus woodland and 0.4 acres
of non-native vegetation shall be mitigated at a 0.1 :1 ratio with on-site presetvation of
0.68 acres southem mixed chaprunl (6.8 acres of impact times 0.1).
L ~"'":) Quarry Creek Master Plan
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10 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
Mitigation Measure BI0-2
Ptior to issuance of a grading pemrit, the applicant shall submit a tipruian restoration plan and a
native grassland restoration plan for approval by the City of Carlsbad. The restoration plans shall
include the following:
Riparian Restoration Plan
a) All final specifications and topographic-based grading, planting, and liTigation plans (0.5
foot contours and typical cross-sections) for the creation/restoration-sites. All wetland
mitigation ru·eas shall be graded to the same elevation as adjacent existing jurisdictional
wetlands areas, and/or to within one foot of the groundwater table, and shall be left in a
rough grade state with microtopographic relief (including channels for wetlands) that
mimics natural topography, as dii·ected by the City and the USACE, USFWS, and CDFG
(collectively refened to as "Resource Agencies"). Topsoil and plant materials salvaged
from the iinpacted areas (including live herbaceous shmb and tree species) shall be
transplanted to, and/or used as a seed/cutting source for, the tipru·ianfwetland creation and
enhancement ru·eas to the maximum extent practicable as dii·ected by the City of Cru·lsbad
and Resource Agencies. Planting and liTigation shall not be installed until the City and
Resource Agencies have approved of the mitigation-site grading. All plantings shall be
installed in a way that mimics natural plant distribution, and not in rows;
b) Planting palettes (plant species, size, and number/acres) and seed mix (plant species and
pounds/acres). The multitude of plant palettes proposed in the draft plans shall include
native species specifically associated with the habitat type(s). Unless othetwise approved
by the City and Resource Agencies, only locally native species (no cultivru·s) obtained
from as close to the project site as possible shall be used. The source and proof of local
nativeness of all plant material and seed shall be provided;
c) Container plant survival shall be 80 percent of the initial plantings for the first five yeru·s.
At the first and second anniversruy of plant installation, all dead plants shall be replaced
unless then· function has been replaced by natural recmitment;
d) A final implementation schedule that indicates when all ripru·ian/wetland impacts, as well
as ripruian/wetland creation/restoration grading, planting, and ii1igation, will begin and
end. Necessaty site prepru·ation and planting shall be completed during the concunent or
next planting season (i.e., late fall to eru·ly spring) after the City and Resource Agencies'
approval of grading. Any temporal loss of habitat caused by delays in ripru·ian/wetland
habitat creation/restoration shall be offset through like habitat creation/restoration at a
0.5: 1 ratio for evety six months of delay (i.e., 1:1 for 12 months delay, 1.5:1 for 18
months delay, etc.). In the event that the project applicant is wholly or pattly prevented
from petfomring obligations tmder the final plans (causing temporal losses due to delays)
because of tmforeseeable cii·cuinstances or causes beyond the reasonable control, and
without the fault of negligence of the project applicant, including but not liinited to
natural disasters (e.g., eatthquakes, etc.), labor disputes, sudden actions of the elements
(e.g., landslide activity), or actions or inaction by federal or state agencies, or other
govemments, the project applicant will be excused by such tmforeseeable cause(s);
e) Five yeru·s of success criteria for wetland/ripruian creation/restoration areas, including:
sepru·ate percent cover ctitetia for herbaceous understmy, shmb midstmy , and tree
overstmy , and a total percent absolute cover for all three layers at the end of five years;
L ~"'":) Quarry Creek Master Plan
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11 City of Carlsbad
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Findings of Fact and Statement of Overriding Considerations
evidence of natural recmitment of multiple species for all habitat types; 0 percent
coverage for Cal-IPC's "Invasive Plant Invent01y" species, and no more than 10 percent
coverage for other exotic/weed species;
t) A minimum of five years of maintenance and monitoring of Iiparian/wetland
creation/restoration areas, unless success c1iteria are met earlier and all rutificial water
supply has been off for at least two years;
g) A qualitative and quantitative vegetation monit01ing plan with a map of proposed
sampling locations. Photo points shall be used for qualitative monitoring and stratified-
random sampling shall be used for all quantitative monit01ing;
h) Contingency measures in the event of creation/restoration failure;
i) Annual mitigation maintenance and monit01ing rep01ts shall be submitted to the City and
Resource Agencies no later than December 1 of each yeru·; and
j) A wetland delineation shall be perf01med to confnm that USACE and CDFG
jmisdictional wetlands have been successfully created/restored prior to fmal approval of
creation/restoration-sites.
Native Grassland and Diegan Coastal Sage Scrub Habitat Restoration Plan
a) All fmal specifications and topographic-based grading (with 10-foot contours), planting,
and inigation plans (if inigation is used). All upland habitat creation/restoration-sites
shall be prepared for planting by decompacting the top soil in a way that mimics natural
upland habitat top soil to the maximum extent practicable while maintaining slope
stability. Topsoil and plant materials salvaged from the upland habitat areas to be
impacted shall be transplanted to, and/or used as a seed/cutting source for, the upland
habitat restoration/creation ru·eas to the maximum extent practicable as approved by the
City of Carlsbad and the wildlife agencies. Planting and liTigation shall not be installed
until the City and wildlife agencies have approved of upland habitat restoration/creation-
site grading. All plantings shall be installed in a way that mimics natural plant
distdbution and not in rows;
b) Planting palettes (plant species, size, and number/acres) and seed mix (plant species and
pounds/acres). The upland plant palette proposed in the draft plans shall include native
species specifically associated with the habitat type(s). Unless othe1wise approved by the
City of Carlsbad and wildlife agencies, only locally native species (no cultivars) obtained
from as close to the project site as possible shall be used. The source and proof of local
nativeness of all plant material and seed shall be provided;
c) Container plant survival shall be 80 percent of the initial plantings for the first five years.
At the first and second aillliversruy of plant installation, all dead plants shall be replaced
unless theii· function has been replaced by natural recmitment;
d) A fmal implementation schedule that indicates when all native grassland and Diegan
coastal sage scmb impacts, as well as native grassland and Diegan coastal sage scmb
creation/restoration grading, planting, and inigation, will begin and end. Necessa1y site
preparation and planting shall be completed dming the concmTent or next planting season
(i.e., late fall to early spring) after the City and wildlife agencies' approval of grading.
Any temporal loss of habitat caused by delays in native grassland and Diegan coastal
sage scmb habitat creation/restoration shall be offset through like habitat
creation/restoration at a 0.5:1 ratio for eve1y six months of delay (i.e., 1:1 for 12 months
L ~"'":) Quarry Creek Master Plan
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12 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
delay, 1.5:1 for 18 months delay, etc.). In the event that the project applicant is wholly or
prutly prevented from performing obligations under the final plans (causing temporal
losses due to delays) because of unforeseeable circumstances or causes beyond the
reasonable control, and without the fault of negligence of the project applicant, including
but not limited to natural disasters (e.g., earthquakes, etc.), labor disputes, sudden actions
of the elements (e.g., fmther landslide activity), or actions or inaction by federal or state
agencies, or other governments, the project applicant will be excused by such
unforeseeable cause(s);
e) Five years of success criteria for native grassland creation/restoration areas, including: a
total of 40-65 percent absolute cover; evidence of natural recruitment of multiple species;
0 percent coverage for Cal-IPC List A and B species, and no more than 10 percent
coverage for other exotic/weed species;
t) A qualitative and quantitative vegetation monitming plan with a map of proposed
sampling locations. Photo points shall be used for qualitative monitoring and stratified,
random sampling shall be used for all quantitative;
g) Contingency measures in the event of creation/restoration failure; and
h) Annual mitigation maintenance and monitoring reports shall be submitted to Cru·lsbad
and the wildlife agencies after the maintenance and monitoring period and no later than
December 1 of each year.
The USACE and CDFG require no net loss of wetlands. The proposed project would cause
impacts to 0.23 acres of USACE jmisdictional areas and 0.51 acres of CDFG jmisdictional
ru·eas. The following mitigation (BI0-3) is required for impacts to USACE and CDFG
jmisdictional ru·eas.
2.3.2 Jurisdictional Areas
A. Significant Impact. The proposed project would cause permanent impacts to both USACE and
CDFG jmisdictional ru·eas. EIR Table 5.4-5 summru·izes these impacts. As shown in EIR Table
5.4-5, the proposed project would cause permanent impacts to 0.23 acres ofUSACE jmisdictional
ru·eas consisting of unvegetated channel/streambed. EIR Figures 5.4-3 and 5.4-4 illustrate the
impacts to USACE and CDFG jmisdictional areas, respectively. Impacts to CDFG jurisdictional
ru·eas would total 0.51 acres, including 0.34 acres of southem riparian woodland, 0.04 acres of
southem willow scrub, 0.02 acres of mule fat scrub, and 0.07 acres of tmvegetated
channel/streambed. These impacts are considered significant..
B. Facts in Support of Finding (1). The Project's significant impact to jmisdictional areas would
be mitigated to a level less than significant with the implementation of Mitigation Measure BI0-3
provided below from the Final EIR.
C. Mitigation Measures
Mitigation Measure BI0-3
Prior to the issuance of a grading permit, a mitigation plan shall submitted to the City for
approval that provides mitigation for the permanent and temporary impacts to 0.23 acres of
USACE jmisdictional ar·eas and 0.55 acres of CDFG jurisdictional areas. Mitigation shall be
accomplished through on-site mitigation at a 3:1 mitigation to impact ratio through a combination
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
13 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
of habitat creation at a I : I ratio and restoration/enhancement at a 2: I ratio; resulting in 0.69 acres
of USACE mitigation, including at least 0.23 acres of creation; impacts to CDFG jurisdictional
areas shall require I.39 acres of mitigation, including at least O.SS acres of creation. The riparian
creation (O.SS acres) shall occur on-site, and the remaining 0.84 acres of mitigation would occur
with enhancement of wetlands on-site or immediately off-site along Buena Vista Creek.
Altematively, the project may complete mitigation at an off-site location acceptable to the City
and Resource Agencies. EIR Figure S.4-7 depicts the proposed location of ripruian creation on-
site. Impacts to 0.2 acres of the tiparian habitat due to shade shall be mitigated through on-site or
off-site enhancement of 0.20 acres of disturbed tipruian habitat.
2.3.3 Sensitive Animals
A. Significant Impact. No direct take of habitat occupied by the least Bell's vireo will result from
project implementation. However, impacts to non-native grassland would impact foraging habitat for the
one n01them hani er and white-tailed kite, as well as habitat for two San Diego black-tailed jackrabbits.
Additionally, potential direct impacts to bird species covered under the MBT A could occur if bmshing
and grading occurs dming the breeding season of most bird species (general breeding season is
Febmruy IS to August IS). These potential impacts are considered significant and require mitigation.
B. Facts in Support of Finding (1). The Project's significant impact to sensitive animals would be
mitigated to a level less than significant with the implementation of Mitigation Measures BIO-I, BI0-2,
and BI0-3, as well as BI0-4.
C. Mitigation Measures
Mitigation Measures BIO-I, BI0-2 and BI0-3 (as listed above).
The following mitigation is required if project grading (other than clearing and gmbbing of sensitive
habitats) is necessruy and adjacent to presetved on-site habitat dming the bird breeding season
(Febmaty IS-September IS):
Mitigation Measure BI0-4
Ptior to constmction activities during the avian breeding season (Febmruy IS-September IS); a
qualified biologist shall conduct pre-constmction smveys in the adjacent habitat for coastal
Califomia gnatcatcher, least Bell's vireo, southwestem willow flycatcher, and nesting raptors. The
smvey shall begin not more than three days prior to the beginning of grading activities. The
USFWS and CDFG (collectively refened to as "wildlife agencies") shall be notified if any of
these species are obsetved nesting within SOO feet of proposed grading activities. No activities
which would result in noise levels exceeding 60 dBA hourly Leq within this SOO-foot buffer shall
be allowed. Background noise (e.g., State Route 78 [SR-78]) shall be excluded from the 60 dBA
calculation. If grading activities ru·e not completed prior to the breeding season, and any of these
species ru·e present, and noise levels exceed this threshold, noise baniers shall be erected to
reduce noise impacts to occupied habitat to below 60 dBA hourly Leq and/or the activities shall
be suspended.
2.3.4 Indirect Impacts
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
I4 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
A. Significant Impact. The proposed project may result in significant edge effects (including
effects from human activity) along the westem boundaty of the project site, as well as along the
development/ open space bounda!ies. Increases in human activity in an area often result in
degradation of sensitive vegetation by further fragmenting habitat through creation of trails,
removal of existing vegetation, and illegal dumping (landscape debtis, trash, and other refuse).
Human activity in the adjacent habitat is proposed to be controlled by project fencing and
monitoring and management requirements. However, the potential impact from human activity is
considered significant.
B. Facts in Support of Finding (1). The Project's significant indirect impacts would be mitigated
to a level less than significant with the implementation of Mitigation Measures BI0-5, BI0-6,
and BI0-7 provided below from the Final EIR.
C. Mitigation Measures
Mitigation Measure BI0-5
Ptior to issuance of a grading pemrit, the applicant shall incorporate the following measures into
the grading plans, fmal project design, and landscaping plans:
• Temporruy fencing (with silt batTiers) shall be installed at the limits of project impacts
(including constmction staging areas and access routes) to prevent additional sensitive
habitat impacts and to prevent the spread of silt from the constmction zone into adjacent
habitats to be avoided. Fencing shall be installed in a manner that does not impact
habitats to be avoided. The applicant shall submit to the City, and the resource agencies
(i.e., USACE, USFWS, and CDFG), for approval at least 30 days prior to initiating
project impacts and the frnal plans for initial cleating and gmbbing of sensitive habitat
and project constmction. These frnal plans shall include photographs that show the
fenced limits of impact and all ru·eas (including riparian/wetland or coastal sage scmb) to
be impacted or avoided. If work occurs beyond the fenced or demarcated limits of
impact, all work shall cease until the problem has been remedied to the satisfaction of the
City and the resource agencies. Any riparian/wetland or upland habitat impacts that occur
beyond the approved fence shall be mitigated at a minimum 5: 1 ratio. Temporaty
constmction fencing shall be removed upon project completion.
• A monit01ing biologist approved by the resource agencies shall be on-site dming cleru·ing
and gmbbing of habitat that occurs within 200 feet of the grading limits. The monitoring
biologist shall conduct weekly site visits dming rough grading to ensure that the grading
limits have been respected. The biologist must be knowledgeable of gnatcatcher, least
Bell's vireo, and flycatcher biology and ecology. The applicant shall submit the
biologist's name, address, telephone number, and work schedule on the project to the City
and the resource agencies at least seven days prior to initiating project impacts.
• The monitoring biologist shall petiodically monitor adjacent habitats for excessive
amounts of dust and shall recommend remedial measures to address dust control if
necessruy. The monitoring biologist shall implement a contractor training program to
insure compliance with permit conditions. Any violations would be rep01ted to the City
and the wildlife agencies within 24 hours. Weekly rep01ts will be submitted dming initial
cleru·ing and gmbbing, and monthly rep01ts shall be submitted throughout the remainder
L ~"'":) Quarry Creek Master Plan
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15 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
of the grading of the site. A final report shall be submitted to the City and the wildlife
agencies within 60 days of project completion.
• The clearing and gmbbing of sensitive habitats shall occur outside of the bird
breeding season (Febmary 15 to September 15), unless a qualified biologist
demonstrates to the satisfaction of the City and the wildlife agencies that all nesting
is complete. The qualified biologist would need to be federally permitted for species
such as the least Bell's vireo (Vireo bellii pusillus) and coastal California gnatcatcher
(Polioptila californica californica) if the habitat being cleared has the potential to
support these species.
Mitigation Measure BI0-6
Prior to construction activities, the applicant shall complete the following tasks:
• A conservation easement shall be placed over those portions of the property required to
meet project mitigation obligations (a conservation easement already exists over the open
space previously set aside as part of the quar1y reclamation effort).
• The applicant shall prepare and implement a perpetual management, maintenance, and
monitoring plan (PMP) for all on-site biological conservation easement areas (a perpetual
management, maintenance, and monitoring plan ah'eady exists over the open space
previously set aside as part of the quany reclamation effort). The applicant shall also
establish a non-wasting endowment or other satisfactory financing mechanism for an
amount approved by the City and resource agencies based on a Property Analysis Record
(PAR; Center for Natural Lands Management 1998) or similar· cost estimation method to
secure the ongoing funding for the perpetual management, maintenance, and monitoring
of the biological conservation easement area by an agency, non-profit organization, or
other entity approved by the City and resource agencies. The applicant shall submit a
draft plan including: (I) a description of perpetual management, maintenance, and
monitoring actions and the PAR or other cost estimation results for the non-wasting
endowment; and (2) proposed land manager's name, qualifications, business address, and
contact information to the resource agencies for approval at least 30 days prior to
initiating project impacts. Upon approval of the draft plan, the applicant shall submit the
final plan to the City and resource agencies and a contr·act with the approved land
manager, as well as tr·ansfer the ftmds for the non-wasting endowment to a non-profit
conservation entity, within 60 days of receiving approval of the draft plan.
Mitigation Measure BI0-7
Concunent with construction activities, the applicant shall complete the following tasks:
• Employees shall strictly limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
• To avoid attr·acting predators of the gnatcatcher, vireo, and flycatcher, the project site
shall be kept as clean of debris as possible dming project grading. All food-related trash
items shall be enclosed in sealed containers and regularly removed from the site.
• Pets of project personnel shall not be allowed on the project site during grading.
• Disposal or temporary placement of excess fill, bmsh, or other debris shall not be allowed
in waters of the U.S . or their banks.
L ~"'":) Quarry Creek Master Plan
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16 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
• All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other
such activities shall occur in designated areas outside of waters of the U.S. within the
fenced project impact limits. These designated areas shall be located in previously
compacted and disturbed areas to the maximum extent practicable in such a manner as to
prevent any nmoff from entering waters of the U.S., and shall be shown on the
construction plans. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from waters of the U.S.
• Contractor equipment shall be checked for leaks ptior to operation and repair, as
necessruy. "No fueling zones" shall be designated on constr11ction plans.
• No species on the Cal-IPC "Invasive Plant Inventory" list shall be included in the project
landscaping plans.
• The biological monitor shall inspect landscaping elements proposed to be installed within
the Master Plan for the presence of Argentine ants. Any landscaping containing
Argentine ants shall be rejected from being installed within the Master Plan area.
• All exterior lighting adjacent to presetved habitat shall be of the lowest illumination
allowed for human safety, selectively placed, shielded, and directed away from presetved
habitat to the maximum extent practicable.
• All planning ru·eas adjacent to presetved habitat shall have non-reflective windows to
miniinize bird stiike issues.
2.4 CULTURAL RESOURCES
2.4.1 Archaeological Site CA-SDI-5651 Locus 1
A. Significant Impact. The grading associated with the proposed project would impact CA-SDI-
5651 Loci 2-6. CA-SDI-5651 Locus 1 will be presetved in open space. Locus 1 is recommended
eligible for listing in the CRHR and considered a cultural resource under CEQA and the City's
cultural resource guidelines. Subsmface deposits ru·e present at Locus 1 to a depth of 70 em, and
these deposits contain a sufficient quantity and range of cultural materials for analysis. Site
disturbance was obsetved at Locus 1, but the disturbance was confined to small areas of the site.
The bmmdaries of Locus 1 were reconfirmed as prut of the updated investigation and testing for
this site as was requested by the San Luis Rey Band of Mission Indians and summarized in the
Memo Update on Cultural Resource Study for Quarry Creek Project, Carlsbad, California, ASM
Affiliates, Inc. August 2012; (Appendix I of the EIR). It is highly probable that relatively
undisturbed deposits remain. Constr11ction activities could inadvettently impact this resource if
not properly shielded from constmction activities.
B. Facts in Support of Finding (1). The Project's potential impact to Site SDI-5651 Locus 1 would
be Initigated to a level less than significant with the implementation of Mitigation Measure CR-1.
Locus 1 will be presetved in open space. Therefore, post-construction activities will not result in
a significant impact to this resource.
C. Mitigation Measures
Mitigation Measure CR-1
L ~"':) Quarry Creek Master Plan
rL/ ... ' Final EIR
17 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
Ptior to initiating any grading or constmction activities, temporaty constmction fencing shall be
erected arotmd Locus 1 at site SDI-5651. The limits of fencing shall be established in
consultation with an archaeological monitor, and the archaeological monitor shall veti fy the
location of the fencing in relation to Locus 1 in the field. Erecting fencing around Locus 1 will
ensure no disturbance to the area occurs dming earth work activities. Fencing around Locus 1
shall be established in consultation with the Luisefio Native Ametican monitor and the
archaeological monitor. Both a Native American monitor and archaeological monitor shall be
present when the protective fencing is erected.
2.4.2 Archaeological Site CA-SDI-5651 Loci 2-6
A. Significant Impact. Loci 2, 3, 4, 5, and 6 are recommended to be non-contiibutOiy elements.
Loci 4, 5, and 6 contain neither a sufficient density nor a sufficient range of cultural material to
address research questions. Loci 2 and 3 contained a moderate density and range of cultural
materials. However, at these loci, deposits were confmed to the site surface and near-surface. An
intensive smface collection yielded a diverse range of cultural material, including tools. The
boundaries of Locus 3 were extended as a result of additional analysis and testing (ASM 2012).
However, the research potential of Loci 2 and 3 has been exhausted through the intensive smface
collection, and they are therefore not recommended eligible for listing in the CRHR and are not
considered historical resources tmder CEQA. No significant impact is identified for Loci 2-5;
however, based on consultation with the San Luis Rey Band, Mitigation Measure CR-3 shall be
implemented.
B. Facts in Support of Finding (1). The Project's potential impact to Site SDI-5651 Loci 2-6
would be mitigated to a level less than significant with the implementation of Mitigation Measure
CR-3.
C. Mitigation Measures
Mitigation Measure CR-3
The following mitigation measures will be implemented as a result of consultation with the San
Luis Rey Band:
1. During vegetation removal, all archaeological sites including CA-SDI-9967, CA-SDI-
17863 and Site CA-SDI-5651 Loci 2-5 will be bmshed using bmsh mowers or other
equipment that does not disturb soil to allow enhanced surface inspection and collection.
2. A team of archaeologists and Native American monitor will conduct a smface collection
of all site areas. All rutifacts recovered will be mapped using a hand-held GPS. Smface
rutifacts will be retmn ed to the San Luis Rey band for reburial or curation.
3. The alignment for a sewer line at site CA-SDI-17863 will be exposed for smface
collection using a flat edged bucket on a backhoe ptior to excavation of the sewer.
4. All other sites will have controlled grading perf01med using a mbber-wheeled backhoe
with a flat-edged blade.
5. Notes directing this process will become notes on the grading plans and will be included
in the monitoring agreement. The notes will denote these areas as "environmentally
sensitive ru·eas."
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Findings of Fact and Statement of Overriding Considerations
2.4.3 Archaeological Site CA-SDI-9976
A. Significant Impact. SDI-9976 was evaluated by Gallegos and Canico in 1984 and detemrined
not to be a significant resource due to its general lack of research potential (Gallegos and Canico
1984b, as cited by ASM 2012); therefore, implementation of the proposed project would not
result in impacts to histmical or archaeological resources located at SDI-9976 as identified under
CEQA and the City's cultural resource guidelines. No impact is identified for this site; however,
based on consultation with the San Luis Rey Band, Mitigation Measure CR-4 shall be
implemented.
B. Facts in Support of Finding (1). The Project's potential impact to Site SDI-9976 would be
mitigated to a level less than significant with the implementation of Mitigation Measure CR-4.
C. Mitigation Measures
Mitigation Measure CR-4
Ptior to initiating any grading or constmction activities, the applicant shall contract with a
qualified archeologist to conduct an archaeological monitoring program for the Panhandle parcel
and for any previously undisturbed pmtions of the Reclamation parcel. The monitoring program
shall include the following:
1. Ptior to implementation of the monitoring program, a pre-excavation agreement shall be
developed between the San Luis Rey Band of Luisefio Mission Indians, and the applicant
to comply with the EIR mitigation measures.
2. The qualified archaeological and Native Ametican representative shall attend a
pregt·ading meeting with contractors to explain the requirements of the progt·am.
3. An archaeologist and Native American monitor shall be on-site during all g~·ading,
trenching, and other g~·ound-disturbing activities.
4. If archaeological rutifact deposits or cultural features ru·e discovered, g~·ading activities
shall be directed away from these deposits to allow a detemrination of potential
importance. If unique ru·chaeological resources and/or sacred sites ru·e inadvettently
discovered dming g~·ound disturbing activities, the lead agency will consult with the San
Luis Rey tribe regarding possible treatment options, including preservation. If
preservation in place is not a feasible option, data recovery excavation may be completed
as mitigation of impacts to the resource. Data recovety will require collection of an
adequate rutifact sample using professional ru·chaeological collection methods.
Excavation as mitigation shall be restiicted to those pruts of the unique archaeological
resource that would be damaged or destroyed by the project (PRC Section 21083.2 (d)).
5. Recovered rutifactual materials shall be cataloged and analyzed.
6. A repmt shall be completed describing the methods and results of the monitming and
data recovety.
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Findings of Fact and Statement of Overriding Considerations
7. Altifacts shall be curated to cunent professional repository standards at an appropriate
curatori al facility, or the collection may be repatriated to the San Luis Rey Band, as
specified in the pre-excavation agreement.
2.4.4 Archaeological Site CA-SDI-17863
A. Significant Impact. SDI-17863 was evaluated in 2008 and recommended not eligible for listing
in the CRHR due to a lack of research potential (Robbins-Wade 2008a, as cited by ASM 2012);
therefore, implementation of the proposed project would not result in impacts to historical or
archaeological resources located at SDI-17863 as identified under CEQA and the City's cultural
resource guidelines. No impact is identified for this site; however, based on consultation with the
San Luis Rey Band, Mitigation Measure CR-4 shall be implemented.
B. Facts in Support of Finding (1). The Project's potential impact to Site SDI-17863 would be
mitigated to a level less than significant with the implementation of Mitigation Measure CR-4.
C. Mitigation Measures
Mitigation Measure CR-4 (as listed above).
2.4.5 El Saito Falls
A. Significant Impact. TheEl Saito Falls has been identified by the San Luis Rey Band and the
Luisefio tr·ibe as a sacred site, used for tribal religious ceremonies and important in their cultural
history. The Falls was designated a sacred site by the Native American Heritage Commission in
2001 , and was evaluated by Affrnis in 2008 and recommended eligible for inclusion in the CRHR
and NRHP as a Traditional Cultural Property (TCP) (Robbins-Wade 2008a, as cited by ASM).
The development of a Falls Management Plan was a requirement of the City of Oceanside's
Reclamation Plan approval. The plan was developed to protect this significant resource during the
Quany Reclamation project and prior to the approval of a development plan for the sunounding
property. It was approved by the City of Oceanside in June 2010. The Final Falls Management
Plan applies to the area within 200 feet of the El Saito Falls. Mitigation measures implemented by
the Falls Management Plan included:
• Consultation with the San Luis Rey Band of Mission Indians regarding any work within
the limits of the management plan area;
• Native American monitoring of all work within the plan area;
• Designation of a site manager;
• Measures to prevent unlawful entry and tr·espass;
• Access to the El Saito Falls by Luisefio tribal members;
• Security monitoring of the management plan area; and
• Guidelines for maintenance and cleanup of the management plan area.
As part of the Reclamation Plan, the El Saito Falls ar·ea was preserved in open space. EIR Figure
5.5-1 depicts the proposed Planning AI·ea OS-3 Conceptual Site Layout. The applicant would be
required to comply with the management plan's provisions until and unless the plan is superseded
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Findings of Fact and Statement of Overriding Considerations
by a development and management plan associated with any future use of the affected area, or
portion thereof.
B. Facts in Support of Finding (1). The Project's potential impact to the El Salto Falls would be
mitigated to a level less than significant with the implementation of Mitigation Measure CR-2.
C. Mitigation Measures
Mitigation Measure CR-2
The project shall comply with all requirements and objectives of the ex1stmg Final Falls
Management Plan for the El Saito Falls approved in 2010. The Final Falls Management Plan
requires specific measures to be implemented to protect the El Saito Falls, which are required for
both the Quany Reclamation plan activities, and also to ensure the protection of this resource as
part of development for the sunounding prope1ty. Specific measures required of the Plan
include:
• Consultation with the San Luis Rey Band of Mission Indians regarding any work within
the limits of the management plan area;
• Native American monitoring of all work within the plan area;
• Designation of a site manager;
• Measures to prevent unlawful ently and trespass;
• Access to the El Saito Falls by Luisefio tli bal members;
• Security monit01ing of the management plan area; and
• Guidelines for maintenance and cleanup of the management plan area.
The applicant shall be required to comply with the final management plan's provisions until and
unless the plan is superseded by a development and management plan. Any revisions or
modifications to the fmal falls management plan shall continue to implement the falls
management plan p1ima1y objectives of:
(1) Cleaning and seeming the El Saito Falls area,
(2) Ensming protection of the falls management area, and
(3) Minimizing the potential for urban development pressures on the El Saito Falls area.
Such protective measures may include establishment of an environmental buffer and a
planning buffer. These buffers shall include the following requirements:
• Environmental buffer (within 100 feet ofEl Salto Falls):
-Prohibit all urban uses
-Prohibit public use
-Allow naturalized and native vegetation restoration
-Allow trails, view areas and ceremonial areas for use of tribal members
-Install security fence at 100-foot mark to define the environmental buffer
area
• Planning buffer (100 feet to 150 feet from El Saito Falls):
-Prohibit stmctures
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Findings of Fact and Statement of Overriding Considerations
-Allow low-impact, limited urban uses such as parkways or public and
private streets, tum-arotmds, driveways, parking lots, rear years,
landscaping, tmderground utilities, recreation trails, public view areas
and kiosks, passive recreational uses, maintenance access ways, fire
management zones, hydr·omodification or water treatment basins and
zones
-Allow other similar type low impact uses.
2.4.6 Unknown Cultural Resources
A. Significant Impact. Due to the history of the project site and the existence of known cultural
resources sites within the project site boundaries and vicinity, it is very likely that previously
unearthed resources may exist within the project site. Earth moving activities during construction,
especially in the undisturbed Panhandle par·cel, could potentially unearth unknown buried
resources, which could result in damage to the resource. The potential for the project to result in
damage to a previously tmknown cultural resource is considered a significant impact.
B. Facts in Support of Finding (1). The Project's potential impact to damage tmknown buried
resources would be mitigated to a level less than significant with the implementation of
Mitigation Measure CR-4.
C. Mitigation Measures
Mitigation Measure CR-4 (as listed above).
2.4.7 Paleontological Resources
A. Significant Impact. Implementation of the proposed project would result in a potentially
significant paleontological resource impact in association with grading/excavation in previously
undisturbed ar·eas of the Quatemary tenace deposits (moderate sensitivity) and the Tertiary
Santiago Formation (high sensitivity).
B. Facts in Support of Finding (1). The Project's potential impact to paleontological resources
would be mitigated to a level less than significant with the implementation of Mitigation
Measures CR-5 through CR-10.
C. Mitigation Measures
Mitigation Measure CR-5
A qualified paleontologist shall monitor all grading that includes initial cutting into any ar·ea of
the project site as the project site sits on paleontologically sensitive late Quatemary ten ace
deposits and the Tertiary Santiago Formation deposits. If any paleontological resources ar·e
identified during these activities, the paleontologist shall temporar·ily divert construction 1mtil the
significance of the resources is ascertained.
Mitigation Measure CR-6
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Findings of Fact and Statement of Overriding Considerations
Paleontological monitoring shall occm only for those Wldisturbed sediments wherein fossil plant
or animal remains are folllld with no associated evidence of human activity or any archaeological
context.
Mitigation Measure CR-7
Paleontological monitors shall be equipped to salvage fossils as they are lllleruthed to avoid
construction delays, and to remove samples of sediments which are likely to contain the remains
of small fossil inve1tebrates and ve1tebrates. Monitors shall be empowered to temporru·ily halt or
dive1t equipment to allow removal of ablllldant or lru·ge specimens. Monito1ing may be reduced
if the potentially fossiliferous llllits described above are not present or if the fossiliferous units
present ru·e determined by a qualified paleontological monitor to have low potential to contain
fossil resomces.
Mitigation Measure CR-8
All recovered specimens shall be prepru·ed to a point of identification and pe1manent prese1vation,
including washing of sediments to recover small inve1t ebrates and ve1tebrates.
Mitigation Measure CR-9
Specimens shall be identified and cmated into an established, accredited, professional museum
reposito1y with pe1manent retrievable storage. The paleontologist shall have a written reposito1y
agreement in hand prior to the initiation of mitigation activities.
Mitigation Measure CR-10
A repo1t shall be completed desc1ibing the methods and results of the monitoring and data
recove1y program.
2.4.8 Human Remains
A. Significant Impact. No evidence of human remains was obse1ved within the project site.
However, potential impacts to subsmface human remains resulting from constmction of the
proposed project may occm dming excavation and grading. If human remains ru·e encolllltered,
all work must stop in the immediate vicinity of the discovered remains and the Collllty Coroner
and a qualified ru·chaeologist must be notified immediately so that an evaluation can be
perfo1med. If the remains are deemed to be Native American and prehistoric, the NARC must be
contacted by the Coroner so that a "Most Likely Descendant" can be designated. The potential to
impact human remains dming grading activities is considered a significant impact.
B. Facts in Support of Finding (1). The Project's potential impact associated with encoW1te1ing
subsmface human remains would be mitigated to a level less than significant with the
implementation of Mitigation Measme CR -11 .
C. Mitigation Measures
Mitigation Measure CR-11
Quarry Creek Master Plan
Final EIR
23 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
If human remains are found during any ground disturbance associated with project development
activities, including the archaeological test or data recove1y programs, the project proponents and
its agents must comply with Public Resources Code (PRC) 5097.98 and Califo1nia Health and
Safety Code 7050.5.
a) The discove1y location will be protected and secured from further disturbance.
b) The Archaeological Project Manager will contact the San Diego County Medical
Examiner.
c) If the remains are determined by the Medical Examiner or an authorized representative to
be Native American, the Medical Examiner will contact the NARC.
d) The NARC will designate and contact the Most Likely Descendant (MLD).
e) The prope1ty owner will provide the MLD with access to the discove1y location, which
will have been protected fi:om damage.
t) The MLD will make a recommendation for treatment of the remains within 48 hours. The
descendant's preferences for treatment may include the following:
i) The nondestructive removal and analysis of human remains and items associated
with Native American human remains.
ii) Prese1vation of Native American human remains and associated items in place.
iii) Relinquishment of Native American human remains and associated items to the
descendants for treatment.
iv) Other culturally appropriate treatment.
g) If the MLD does not make a recommendation within 48 hours, or if the recommendations
are not acceptable to the prope1ty owner following extended discussions and mediation,
the prope1ty owner will reinter the remains and bmial items with approp1iate dignity on
the prope1ty, in a location not subject to fmther subsmface disturbance. The location of
reinterment will be protected by at least one of the three following measures:
i) Record the location with the NARC or the SCIC.
ii) Utilize an open space or conse1vation zoning designation or easement.
iii) Record a document with San Diego County.
h) If multiple human remains are fotmd, extended discussions will be held with the MLD. If
agreement on the treatment of these remains is not reached, they will be reintened in
compliance with PRC 5097.98(e).
g) If Native Ame1ican remains are discovered dming ground disturbance and are positively
identified as such by a representative of the Cotmty Medical Examiner, they will be kept
in situ, or in a secure location in close proximity to where they were found, and any
analysis of the remains will occur only on-site in the presence if a Luisefio Native
American monitor.
2.5 GEOLOGY AND SOILS
2.5.1 Fault Rupture and Ground Shaking
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Findings of Fact and Statement of Overriding Considerations
A. Significant Impact. The project site is located within six miles of the Newpo1t-Inglewood-Rose
Canyon Fault Zone and is within 50 miles of seven other known active faults capable of
producing a range of 6.80 to 7.85 Mw. In the event of an ea1thquake along one of these faults,
seismic hazards related to gr01md motion could occur in susceptible areas within the project site.
The intensity of such an event would depend on the causative fault and the distance to the
epicenter, the moment magnitude, and the duration of shaking. Given the proximity ofthe project
site to the Newport-Inglewood-Rose Canyon fault and the calculated peak ground acceleration for
the area (EIR Tables 5.6-1 and 5.6-2), ground motions within the project site could result in
damage to stmctures. This is considered a significant impact. However, the project would be
subject to the recommendations within the site-specific geotechnical investigations.
Implementation Mitigation Measure GS-1 would ensure compliance with the design
recommendations provided in site-specific geotechnical investigations. The proposed project
would also be required to comply with the City's standard conditions of approval.
B. Facts in Support of Finding (1). The Project's potential impact associated with fault mpture
and ground shaking would be mitigated to a level less than significant with the implementation of
Mitigation Measure GS-1.
C. Mitigation Measures
Mitigation Measure GS-1
P1ior to approval of final engineering and grading plans for each phase of development within the
project site, the City shall verify that all recommendations contained in the EIR-Level Soil and
Geologic Reconnaissance (October 20, 2011) and the Preliminary Geotechnical Investigation
(May 11, 2012) prepared by GEOCON have been incorporated into all fmal enginee1ing and
grading plans. The City's soil engineer and engineering geologist shall review grading plans
prior to fmalization, to verify plan compliance with the recommendations of the repo1t. All future
grading and construction of the project site shall comply with the geotechnical recommendations
contained in the geotechnical repo1ts. These repo1ts identify specific measures for mitigating
geotechnical conditions on the project site, and addresses grading, foundations, and proper on site
drainage.
City Standard Conditions of Approval
In addition to the Mitigation Measure identified above, the project will be required to comply
with the following city standard Conditions of Approval:
• The proposed project shall comply with the City's Excavation and Grading Ordinance
(§15.16, Carlsbad Mtmicipal Code).
• Grading info1mation shall be submitted for review by the City with each subdivision
map. Grading shall comply with grading standards and manufactured slope revegetation
requirements of the City.
• All applicable federal, state, and local pe1mits regarding drainage shall be obtained. Such
pe1mits include the National Pollution Discharge Elimination System (NPDES) pe1mit
from the Regional Water Quality Control Board.
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Findings of Fact and Statement of Overriding Considerations
• 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 the grading
plans.
• All grading pemrits issued authorizing grading dming the rainy season (November 16 of
any year to April14 of the following year), shall require the installation of all erosion and
sedimentation control protective measures in accordance with city standards. Erosion
and nmoff control measures shall be designed and bonded pti or to approval of grading
pennits by the City.
• All petmanent 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.
• All erosion and sedimentation control protective measures shall be maintained in good
working order throughout the duration of the rainy season tmless it can be demonstrated
to the City Engineer that their removal at an earlier date will not result in any unnecessaty
erosion of or sedimentation on public or private propetties.
2.5.2 Liquefaction
A. Significant Impact. Based on underlying geology, generally conststmg of cohesive soil
materials (e.g., silts and clays which bond together), the potential for liquefaction to occur within
the project site is considered low. GEOCON conducted liquefaction analyses in 2009 for the
Reclamation parcel within the project site for reclamation plan grading. GEOCON detetmined
that the alluvial deposits below the gr01mdwater do not possess liquefaction tendencies.
Therefore, the impact associated with liquefaction potential is considered less than significant.
Additionally, the site-specific geotechnical investigations provide design recommendations and
standards for development within the Reclamation parcel. Implementation Mitigation Measure
GS-1 would ensure compliance with the design recommendations provided in site-specific
geotechnical investigations, ensuring a less than significant impact. In addition, the proposed
project would be required to comply with the City's standard conditions of approval.
B. Facts in Support of Finding (1). The Project's potential impact associated with liquefaction
would be nritigated to a level less than significant with the implementation of Mitigation Measure
GS-1.
C. Mitigation Measures
Mitigation Measure GS-1 (as listed above).
2.5.3 Landslides
A. Significant Impact. The project site ranges in elevation from approximately 80 feet to 300 feet
AMSL in open space areas and 80 feet AMSL to 160 feet AMSL at the westem, ungraded p01tion
of the project site. Topography throughout the site is generally hilly with flatter areas. Based on
the preliminaty geotechnical investigation conducted by GEOCON, which includes obsetvations
of intact outcrops and confirmation of undisturbed slope conditions dming previous field studies
by geologic mapping and excavation of explorat01y trenches within the mapped slide area, the
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Findings of Fact and Statement of Overriding Considerations
potential for on-site landslides does not exist. Several suspicious surficial landslides are mapped
along the south bank of the Buena Vista Creek. These areas were not accessible to subsurface
investigation. However, the potential landslides, even if confumed, do not represent a significant
geotechnical hazard to the proposed project. It is expected that removal and recompaction of the
surficial landslides will be possible within the limits of project grading. Implementation
Mitigation Measure GS-1 would ensure compliance with the design recommendations provided
site-specific geotechnical investigations. In addition, the proposed project would be required to
comply with the City's standard conditions of approval.
B. Facts in Support of Finding (1). The Project's potential impact associated with landslides
would be mitigated to a level less than significant with the implementation of Mitigation Measure
GS-1.
C. Mitigation Measures
Mitigation Measure GS-1 (as listed above).
2.5.4 Expansive Soils and Unstable Soils
A. Significant Impact. As desctibed in the FEIR, soil materials within the project site are expected
to have vety low to medium expansion potential. Some of the surficial soils and p01tions of the
Santiago F01mation could have high expansive soil conditions due to the high prop01tion of clay,
which may exhibit a moderate to high potential for shiink-swell. Sm·ink-swell soils could exe1t
additional pressure on bmied stmctures and electiical connections producing sm·inkage cracks
that could allow water infiltration and compromise the integiity of backfill material. These
conditions could be worsened if stmctural facilities are constmcted directly on expansive soil
materials. As such, the potential for expansive soils to affect the proposed project is considered a
significant impact. Site-specific geotechnical investigations will provide design recommendations
and standards for development within the Reclamation parcel.
The proposed project will not constmct tenace drains on proposed cut or fill slopes exceeding 30
feet in height, as the use of ten ace drains has been detetmined to not be necessaty to maintain
gross stability of the slopes (GEOCON 2011). This recommendation is based on the fact that
improperly-maintained tenace drains can result in significant slope erosion and possible slope
distress. Tenace drains that fill will debris have the potential to concentrate smface nmoff down
the slope face , resulting in deep, extensive erosion gullies. Because project slopes will be less
than 40 feet in height, ten ace drains ru·e not recommended (GEOCON 2011). Additionally, at
Lot 12, the silt fence/limits of grading will be constmcted with a 2-foot wide bench, which would
deviate from City standards. However, this condition has been evaluated by GEOCON and is
considered feasible (without jeopru·dizing erosion or slope stability).
Implementation Mitigation Measure GS-1 would ensure compliance with these recommendations.
In addition, the proposed project would be required to comply with the City's standard conditions
of approval.
B. Facts in Support of Finding (1). The Project's potential impact associated with expansive soils
and unstable soils would be mitigated to a level less than significant with the implementation of
Mitigation Measure GS-1.
C. Mitigation Measures
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Findings of Fact and Statement of Overriding Considerations
Mitigation Measure GS-1 (as listed above).
2.6 GREENHOUSE GAS EMISSIONS
2.6.1 Project Operations
A. Significant Impact. Cmnulatively, the full buildout of the project would result in emitting
approximately 11,118.12 MTs of C02e each year. A summruy of the totals is provided in EIR
Table 5.7-7. Per guidelines of CAPCOA's 900 MT per yeru· threshold, the project would result in
a significant impact. Implementation of Mitigation Measure GHG-1 would ensure that the project
GHG emission reductions as presented in EIR Table 5.7-8 are met, and therefore, the impact
would be mitigated to a level less than significant.
B. Facts in Support of Finding (1). The Project's potential impact associated with greenhouse gas
emissions would be mitigated to a level less than significant with the implementation of
Mitigation Measure GHG-1 .
C. Mitigation Measures
Mitigation Measure GHG-1
Ptior to issuance of a building permit, third-pruty verification by a certified Home Energy Rater
(or equivalent) shall be conducted on the proposed residential design components. The Rater shall
work with the project proponent/builder throughout the constmction process to help detennine the
needed energy-saving equipment and constmction techniques; and will conduct required on-site
diagnostic testing and inspections to document that the home is eligible to erun the Energy Stru·
label or provide documentation demonstrating that a comparable level of energy reduction will be
provided via altemative verifiable means. Additionally, residential buildings shall provide a space
for rechru·ge of batteties for both small (handheld) and large (e.g., electiic lawnmower or car)
equipment (laundiy rooms and gru·ages).
2.6.2 Indirect Electricity and Natural Gas Design Features
A. Significant Impact. The proposed project is required to comply with Title 24 regulations. As a
standru·d condition of approval, the City of Cru·lsbad will verify that the project design meets the
EPA's energy star compliance guidelines or other equivalent building efficiencies based on the
latest available technologies and implement Title 24 2008 requirements to achieve the 20 percent
reductions over BAU with respect to only Title 24 2005 standards. Based upon the project's
design features, it is expected that C02e could be reduced for both natural gas and electiicity
levels by as much as 635.42 MTC0 2e. To ensure that the homes meet Energy Star guidelines and
reduce the GHG emissions as estimated, implementation of Mitigation Measure GHG-1is
required. Implementation of Mitigation Measure GHG-1 will reduce the GHG emissions
associated with the proposed project to a level less than significant.
B. Facts in Support of Finding (1). The Project's potential impact associated with greenhouse gas
emissions would be mitigated to a level less than significant with the implementation of
Mitigation Measure GHG-1 .
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Findings of Fact and Statement of Overriding Considerations
C. Mitigation Measures
Mitigation Measure GHG-1 (as listed above).
2.7 HAZARDS AND HAZARDOUS MATERIALS
2.7.1 Disposal of Hazardous Materials
A. Significant Impact. The residual petroleum hydrocarbon soil and gr01mdwater contamination
that is beneath the Reclamation parcel is considered a potential environmental hazard. However,
hazardous materials remediation for the Reclamation parcel pursuant to the approved "closure"
plan by the lead regulat01y agency, San Diego County DEH, is anticipated to occur in late 2012.
Upon completion of the remedial activities and site "closure," the remediated site would be in a
condition that is suitable for residential development (i.e., the remediated soils would meet
required remediation thresholds for hazardous materials of concern for the site). However,
grading activities in the n01thern portion of the Reclamation parcel would encounter
approximately 1,000 cubic yards of FCS, just south of Harmar Drive. Therefore, proposed
grading and site development activities would result in the transport and disposal of hazardous
materials (e.g. fuel contaminated soil). The impact associated with removal of the contaminated
soils is potentially significant. Any project activity that encounters or disturbs petroleum fuel
contaminated soils is required to follow the RWQCB Order No., R9-2002-0342, as well as other
applicable state and federal regulations identified in RWQCB Order No., R9-2002-0342 (i.e.,
California Code of Regulations Titles 22, 23 , and 27 and RWQCB Resolution No. R9-2007-0104
Conditional Waiver No.8). Mitigation Measure HAZ-1 requires compliance with RWQCB Order
No. R9-2002-0342 and would reduce impacts to a less than significant level.
B. Facts in Support of Finding (1). The Project's potential impact associated with disposal of
hazardous materials would be mitigated to a level less than significant with the implementation of
Mitigation Measure HAZ-1.
C. Mitigation Measures
Mitigation Measure HAZ-1
Per the California RWQCB, San Diego Region Order No., R9-2002-0342, any project activity
that encounters or disturbs petroleum fuel contaminated soils (FCS) shall be required to follow
the RWQCB 's Waste Discharge Requirements for the Disposal and/or Reuse of Petroleum Fuel
Contaminated Soils in the San Diego Region, and Monitoring and Reporting Program No. R9-
2002-034 2 for the Disposal and/or Reuse of Petroleum Fuel Contaminated Soils in the San Diego
Region. The requirements for proper transp01t and disposal of the FCS shall be included on the
grading plans and permits for the proposed project.
Additionally, the constmction contractor shall be required to follow all additional federal, state
and local regulations that included but are not limited to the California Water Code; California
Code of Regulations Titles 22, 23, and 27; RWQCB Resolution No. R9-2007-0104 Conditional
Waiver No. 8, specifically Sections 8.I.A and 8.II.D and E; and 29, 40, and 49 Code of Federal
Regulations.
2.7.2 Existing On-Site Hazardous Materials
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Findings of Fact and Statement of Overriding Considerations
A. Significant Impact. The project site was listed on numerous hazardous materials listings due to
the previous use of the Reclamation parcel as an aggregate mining site. Extensive assessment and
remediation activities, including groundwater monit01ing, soil excavation, and direct injection
activities, have been conducted under regulatory oversight. The on-going remedial work is nearly
complete and the Reclamation parcel "closure" by the lead regulatory agency, San Diego County
DEH, for the project site is anticipated to occur in late 2012. Upon completion of the remedial
activities, the site is expected to support residential land development, as presently planned.
However, as noted previously, south of Haymar Drive, approximately 1,000 cubic yards of FCS
would be encotmtered dming grading activities. Therefore, the impact associated with the
presence of hazardous materials on-site is considered potentially significant.
B. Facts in Support of Finding (1). The Project's potential impact associated with existing on-site
hazardous materials would be mitigated to a level less than significant with the implementation of
Mitigation Measure HAZ-1. Mitigation Measure HAZ-1 Measure HAZ-1 requires compliance
with RWQCB Order No., R9-2002-0342.
C. Mitigation Measures
Mitigation Measure HAZ-1 (as listed above).
2.8 HYDROLOGY AND WATER QUALITY
2.8.1 Erosion and Siltation
A. Significant Impact. Implementation of the proposed project includes the use of machinery and
materials handling and storage (e.g., asphalt, gravel) during all phases of constmction. These
activities would require the use of graders and other earthmoving equipment during initial site
preparation, which would generate dust and require the use of water trucks to meet fugitive dust
requirements (see Section 5.3 of the FEIR for air quality impacts mitigation regarding fugitive
dust). The use of water trucks increases the potential for silt to exit the project site and enter the
smTotmding Buena Vista Creek watershed. Therefore, the proposed project has the potential to
result in a significant impact related to erosion and siltation dming constmction activities.
B. Facts in Support of Finding (1). The Project's potential impact associated with erosion and
siltation would be mitigated to a level less than significant with the implementation of Mitigation
Measure WQ-1.
C. Mitigation Measures
Mitigation Measure WQ-1
Prior to issuance of a grading permit for any phase of the development, the applicant shall prepar·e
and submit for review and approval of the Car·lsbad City Engineer, a Storm Water Pollution
Prevention Program (SWPPP) to demonstr·ate that pollutants will be controlled through
compliance with the City of Car·lsbad Standar·d Urban Stormwater Mitigation Plan (SUSMP),
General Construction Stormwater Permit (Order No. 2009-0009-DWR, NPDES CAS000002),
and the General Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES 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
contr·ol requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control
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Findings of Fact and Statement of Overriding Considerations
devices shall be noted on the grading plans. BMPs that shall be installed include, but are not
limited to, the following:
• Silt fence, fiber rolls, or gravel bag berms;
• Check dams;
• Street sweeping and vacuuming;
• St01m drain inlet protection;
• Stabilized constmction entrance/exit;
• Hydroseed, soil binders, or straw mulch;
• Containment of material delivety and storage areas;
• Stockpile management;
• Spill prevention and control;
• Waste management for solid, liquid, hazardous, and sanitaty waste-contaminated soil;
and
• Concrete waste management.
2.8.2 Long-Term Operations
A. Significant Impact. The potential water quality impact associated with operation of the project
is considered a significant impact. Implementation of the water quality features identified in the
St01m Water Management Plan would reduce this impact to a level less than significant.
Implementation of Mitigation Measure WQ-2 would ensure that improvement plans are reviewed
and approved by the City, that demonstrate that pollutants will be controlled through compliance
with the City of Carlsbad SUSMP and St01mwater Management Program (SWMP). Approval of
such plans shall be subject to a detetmination by the Carlsbad City Engineer that the proposed
project has incorporated the post-development water quality pollution control site design BMPs,
source control BMPs, and stmctural treatment control BMPs.
B. Facts in Support of Finding (1). The Project's potential impact associated with erosion and
siltation would be mitigated to a level less than significant with the implementation of Mitigation
Measure WQ-2.
C. Mitigation Measures
Mitigation Measure WQ-2
Ptior to the issuance of grading permits or other approvals for any public or private tight-of-way
improvements or site development plans, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will
be controlled through compliance with the City of Carlsbad SUSMP and SWMP. Approval of
such plans shall be subject to a detetmination by the Carlsbad City Engineer that the proposed
project has implemented an integrated Low Impact Development (LID) approach to meet criteda
described in the City of Carlsbad SUSMP. The proposed project has incorporated the following
LID strategies which include site design BMPs, source control BMPs and stmctural treatment
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2.9
Findings of Fact and Statement of Overriding Considerations
control BMPs into the project design to the maximum extent practicable:
•
•
•
•
•
•
•
•
•
•
•
NOISE
Optimization of site layout (100-foot vegetated buffer, 50-foot building setback,
minimizing disturbance of natural areas);
Minimization of directly connected impe1vious areas and directing nmoff from
impe1vious areas to landscape where possible;
Non-contiguous sidewalks;
Street sweeping;
Approp1iate pest management;
Covered trash enclosures;
Sto1m drain inlet labeling;
Incorporation of landscape and open space areas;
Bioretention Extended Detention Basins;
High rate media filter units; and,
Vegetated swales shall be comprised oflocal non-invasive plants .
2.9.1 Future On-Site Noise-Outdoor Noise Levels
A. Significant Impact. The modeling results for the project site are quantitatively shown in EIR
Table 5.11-8 for the projected outdoor noise levels on the project site. The modeled obse1ver
locations for each Lot/Planning Area are presented in EIR Figure 5.11-2. Based upon these
findings, and the proposed site layout, the future ground level noise levels were found to be at or
below 60 dBA CNEL and no noise mitigation is required to comply with the City of Carlsbad
Noise standards. Mitigation Measure N-1 requires that a site specific noise study to be prepared
for each residential Lot based upon the final site design (i.e., site plan for each residential project
within the Master Plan), building 01ientation, and pad elevations to ensure compliance with the
City's exterior noise thresholds.
B. Facts in Support of Finding (1). The Project's potential impact associated with projected
outdoor noise levels would be mitigated to a level less than significant with the implementation of
Mitigation Measure N-1.
C. Mitigation Measures
Mitigation Measure N-1
The project proponent shall prepare a site specific noise study for each residential lot based upon
the final site design (i.e., site plan for each residential project within the Master Plan), building
orientation, and pad elevations. The site specific noise study shall demonstrate that the outside
noise levels are below 60 dBA CNEL.
2.9.2 Future On-Site Noise -Interior Noise Levels
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January 2013
Findings of Fact and Statement of Overriding Considerations
A. Significant Impact Second floor receptors were modeled at 15 feet above the pad elevations to
determine noise levels at the building facades. Based on these findings, the second level building
facades are anticipated to be above 60 dBA CNEL at Lots 1 (PA R-1), 2 (PA R-2), 3 (PA R-3),
and 4 (PA R-4). Mitigation Measure N-2 requires that a final interior noise assessment be
prepared based on final building design (i.e., architectural and building plans). This final report
will identify the interior noise requirements based upon architectural and building plans. It should
be noted that interior noise levels of 45 dBA CNEL can easily be obtained with conventional
building construction methods and providing a closed window condition requiring a means of
mechanical ventilation (e.g., air conditioning) for each building and upgraded windows for all
sensitive rooms (e.g., bedrooms and living areas).
B. Facts in Support of Finding (1). The Project's potential impact associated with projected
interior noise levels would be mitigated to a level less than significant with the implementation of
Mitigation Measure N-2.
C. Mitigation Measures
Mitigation Measure N-2
For residential uses within PAs R-1, R-2, R-3, and R-4 architectural features needed to achieve
the interior noise standard shall be noted on the building plans. A statement certifying that the
required architectural features have been incorporated into the building plans, signed by the
acoustical analyst/acoustician shall be located on the building plans. The architect shall also
include his registr·ation stamp in addition to the required signature. All noise level reduction
architectural components shall be shown on the architectural building plans, and shall be
approved. This measure shall be implemented prior to the issuance of building permits for
residential projects located within PAs R-1, R-2, R-3, and R-4 and verified by the City of
Carlsbad Building and Planning Divisions.
2.10 TRANSPORTATION AND TRAFFIC
2.10.1 Existing Plus Project Conditions-College Boulevard between Vista Way and Plaza
Drive
A. Significant Impact. As shown in EIR Table 5.14-9, as a result of project implementation, the
level of service at College Boulevard between Vista Way and Plaza Drive would decrease from
LOS "D" to "E" under existing conditions with the project. The addition of project tr·affic on this
roadway segment would exceed the allowable two percent (0.02) volume to capacity ratio
threshold. This is considered a significant direct impact.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on College Boulevard
between Vista Way and Plaza Drive would be mitigated to a level less than significant with the
implementation of Mitigation Measure T-1. However, according to the City of Oceanside
Circulation Element Update Final EIR, physical improvements to add lanes are infeasible;
therefore the Final EIR recommended reclassification of this segment from a six-lane Major
Arterial to a six-lane Prime Arterial. This reclassification would mitigate the project significant
impact. However, the City of Oceanside identified Prime Arterial improvements for this segment
as infeasible.
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33 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
The reclassification and segment changes are within the responsibility and jurisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulat01y auth01ity of the City of Carlsbad and that physical improvements are
infeasible, these impacts are considered significant and unmitigable.
C. Mitigation Measures
Mitigation Measure T-1
College Boulevard: Between Vista Way and Plaza Drive. To mitigate the project's direct
impacts to College Boulevard, between Vista Way and Plaza drive, the applicant shall request
that the City of Oceanside reclassify this segment of College Boulevard from a six-lane Major
Alterial to a six-lane Plime Altetial. However, the City of Oceanside considers roadway
reclassification infeasible due to intersection spacing requirements. The changes or alterations are
within the responsibility and jurisdiction of the City of Oceanside. The City of Oceanside does
not have an adopted program to constr11ct roadway improvements and there does not appear to be
a program to accept payments in lieu of constr11ction. Due to the fact that this impacted roadway
segment is located outside the jmi sdiction and regulat01y auth01ity of the City of Carlsbad, these
impacts are considered significant and unmitigable.
Applicant Proposed Measures
Notwithstanding the above, and in accordance with the Oceanside General Plan, the applicant has
indicated that it will voluntatily offer to enter into an agreement with the City of Oceanside in
which it will offer to ftmd or construct the following creative measures to address the
improvement of tr·affic conditions within the City of Oceanside at those locations where
improvements are feasible. The total cost of these creative measures shall not exceed the am01mt
that is equal to current Thoroughfare and Traffic Signal fees that would be paid by this project if
it were located in the City of Oceanside jmisdiction.
The improvements that the applicant may ftmd or constmct, in order of priority, are the
following:
1. Vista Way between College Boulevard and SR-78 westbound ramps.
Provide a westb01md right tum lane and lengthen the westbound left tum lanes at College
Boulevard and Vista Way intersection. Plans and tight of way (if needed) shall be
provided by the City of Oceanside.
2. College Boulevard and Plaza Drive.
Construct a n01thbound right tmn lane fi:om College Boulevard to Plaza Drive. Plans and
right of way (if needed) shall be provided by the City of Oceanside.
3. College Boulevard and L ake Boulevard.
Design plans for a n01thbound right tum lane from College Boulevard to Lake Boulevard.
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Findings of Fact and Statement of Overriding Considerations
4. Lake Boulevard between Thunder Drive and Sundown Lane.
Provide ftmding for the installation of a Driver Feedback Sign.
If the total cost of the creative measures identified above (including all design and constmction
costs, including but not limited to acquisition costs, constmction costs, supetvision and
administration) is less than the total value of the cun ent Thoroughfare and Traffic Signal fees that
would be required to be paid as a result of this project, then the difference shall be paid to the
City of Oceanside as an additional fair share contii bution. Regardless of whether the project
applicant and the City of Oceanside enter into an agreement for the creative measures listed
above, the impacts identified in the City of Oceanside will remain significant and unmitigated.
2.10.2 Existing Plus Project Conditions -Vista Way between College Boulevard and the
SR-78 Westbound Ramps
A. Significant Impact. As a result of project implementation, Vista Way between College
Boulevard and the SR-78 Westbound Ramps would operate at LOS "E" under existing conditions
with the project. The addition of project traffic on this roadway segment would exceed the
allowable two percent (0.02) volume to capacity ratio threshold. This is considered a significant
direct impact. Mitigation Measure T -2 would provide a westb01md dedicated right tum lane and
lengthen the westb01md left tum lane at College Boulevard/Vista way intersection by restiiping
the existing lanes.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on Vista Way between
College Boulevard and SR-78 Westb01md Ramps would be mitigated to a level less than
significant with the implementation of Mitigation Measure T -2. The Oceanside Circulation
Element Update Final EIR recommended providing a westb01md dedicated tight tum lane and
lengthening the westbound left tum lane at College Boulevard/Vista Way intersection by
restdping the existing lanes. However, although the improvements would improve peak hour
operations, College Boulevard would still operate at a deficient LOS. The dedicated westbound
right tum only lane is a future tmftmded project, while restiiping is a condition of approval for the
Tri-City Medical Office project. The Tri-City Medical Office project is cunently under
constiuction.
The roadway segment changes/alterations are within the responsibility and jmisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to have program to accept payments in lieu of
constiuction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulat01y auth01ity of the City of Carlsbad and that the physical improvements
are infeasible, these impacts are considered significant and tmmitigable.
C. Mitigation Measures
Mitigation Measure T -2
Vista Way: Between College Boulevard and SR-78 Westbound Ramps. The applicant shall
be responsible for the following improvements to this segment of Vista Way:
• W estb01md dedicated right turn lane; and
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35 City of Carlsbad
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Findings of Fact and Statement of Overriding Considerations
• Lengthening the westbound left tum lanes at College Boulevard/Vista Way by restiiping
the existing lanes.
These improvements would improve peak hour operations; however, would not fully mitigate
segment impacts. The changes/alterations are within the responsibility and jurisdiction of the City
of Oceanside. However, the City of Oceanside does not appear to have adopted a program to
constiuct such improvements and there does not appear to be a program to accept payments in
lieu of constmction. Due to the fact that the roadway segment is located outside the jurisdiction
and regulato1y authority of the City of Carlsbad, these impacts are considered significant and
unmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or constiuct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.3 Near Term with Project-College Boulevard between Vista Way and Plaza Drive
A. Significant Impact. As shown in EIR Table 5.14-17, the level ofse1vice at College Boulevard
between Vista Way and Plaza D1ive would operate at LOS "F" under near-te1m conditions with
the project. The addition of project ti·affic on this roadway segment would exceed the allowable
two percent (0.02) volume to capacity ratio threshold. Since the change in volume to capacity
ratio is greater than two percent (0.02), the project would have significant direct impact to this
segment.. As pa1t of Mitigation Measure T -3, the applicant is required to pay a fair share fee
towards the reclassification of the roadway segment from a six-lane Major Alt erial to a six-lane
P1ime Alte1ial.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on College Boulevard
between Vista Way and Plaza Drive would be mitigated to a level less than significant with the
implementation of Mitigation Measure T-3. According to the City of Oceanside Circulation
Element Update Final EIR, physical improvements to add lanes are infeasible; therefore the Final
EIR recommended reclassification of this segment from a six-lane Major Alterial to a six-lane
P1ime Alte1ial. This reclassification would mitigate the project significant impact.. However, the
City of Oceanside identified P1ime Alte1ial improvements for this segment as infeasible.
The reclassification and segment changes are within the responsibility and jurisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to be a program to accept payments in lieu of
constiuction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulato1y authmity of the City of Carlsbad and that physical improvements are
infeasible, these impacts are considered significant and unmitigable.
C. Mitigation Measures
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36 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
Mitigation Measure T -3
College Boulevard: Between Vista Way and Plaza Drive. The project would contribute to a
deficient LOS F. The applicant is required to pay a fair share fee towards the reclassification of
the roadway segment.
However, the Oceanside Circulation Update considers roadway reclassification infeasible. The
changes or alterations are within the responsibility and jurisdiction of the City of Oceanside. The
City of Oceanside does not appear to have adopted a program to constmct such improvements
and there does not appear to be a program to accept payments in lieu of construction. Due to the
fact that the subject impacted segment is located outside the jurisdiction and regulatmy authority
of the City of Carlsbad, these impacts are considered significant and unmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or construct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.4 Near Term with Project -Vista Way between College Boulevard and the SR-78
Westbound Ramps
A. Significant Impact. As a result of project implementation, Vista Way between College
Boulevard and the SR-78 Westbound Ramps would operate at LOS "E" under near-te1m
conditions with the project. The addition of project tr·affic on this roadway segment would exceed
the allowable two percent (0.02) volume to capacity ratio threshold Since the project change in
volume to capacity ratio is greater than two percent (0.02), the project would have a significant
project impact to this segment. As pa1t of Mitigation Measure T -4, the applicant would pay a fair
share fee towards providing a westb01md dedicated 1ight tum lane and lengthening the westb01md
left turn lanes at College Boulevard/Vista Way by restr·iping the existing lanes.
B. Facts in Supp011 of Finding (2 and 3). The Project's potential impact on Vista Way between
College Boulevard and SR-78 Westb01md Ramps would be mitigated to a level less than
significant with the implementation of Mitigation Measure T -4. The Oceanside Circulation
Element Update Final EIR recommended providing a westbound dedicated light tum lane and
lengthening the westbound left tum lane at College Boulevard/Vista Way intersection by
restriping the existing lanes. However, although the improvements would improve peak hour
operations, College Boulevard would still operate at a deficient LOS. The dedicated westbound
right tum only lane is a ft1ture unfunded project, while restr·iping is a condition of approval for the
Tri-City Medical Office project. The Tri-City Medical Office project is currently under
construction.
The roadway segment changes/alterations are within the responsibility and jurisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulatmy authmity of the City of Carlsbad and that physical improvements are
infeasible, these impacts are considered significant and unmitigable.
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37 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
C. Mitigation Measures
Mitigation Measure T -4
Vista Way: Between College Boulevard and the SR-78 westbound ramps. The project would
contribute to a deficient LOS F. The applicant shall pay a fair share fee towards providing a
westbound dedicated right tum lane and lengthening the westbound left turn lanes at College
Boulevard/Vista Way by rest:Iiping the existing lanes.
These improvements would improve peak hour operations; however, would not fully mitigate
segment impacts. The changes/alterations are within the responsibility and jurisdiction of the City
of Oceanside. However, the City of Oceanside does not appear to have adopted a program to
const:Iuct such improvements and there does not appear to be a program to accept payments in
lieu of constmction. Due to the fact that the roadway segment is located outside the jwi sdiction
and regulato1y authority of the City of Carlsbad, these impacts are considered significant and
unmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or const:Iuct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.5 Build Alternative 1 -College Boulevard: between Vista Way and Plaza Drive; Plaza
Drive and Marron Road; and Marron Road and the South City Limit
A. Significant Impact. As shown in EIR Table 5.14-21, tmder Buildout Altemative 1, the
following segments would operate at LOS F without or with project traffic:
• College Boulevard between Vista Way and Plaza D1ive
• College Boulevard between Manon Road and the southem City limit
• College Boulevard (Plaza Drive to Manon Road-Lake Boulevard)
The addition of project t:I·affic on College Boulevard between Vista Way and Plaza Drive and
College Boulevard between Manon Road and the southem City limit would exceed the allowable
two percent (0.02) volume to capacity ratio threshold. Since the project change in volume to
capacity ratio is greater than two percent (0.02), the project would have a significant project
impact to these segments. In addition, the addition of project t:I·affic on College Boulevard (Plaza
Drive to Manon Road) would decrease the PM peak hour average t:I·avel speed by more than one
mile per hour at LOS F, which indicates a significant impact. As prut ofMitigation Measure T-5,
the applicant shall pay fair share fee towru·ds reclassification of College Boulevru·d from a six-
lane Major Altelial to a six-lane Prime Alterial.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on College Boulevru·d
between Vista Way and Plaza Drive; College Boulevard between MatTon Road and the southem
City limit; and, College Boulevru·d (Plaza Drive to Manon Road-Lake Boulevard) would be
mitigated to a level less than significant with the implementation of Mitigation Measure T-5.
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38 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
According to the City of Oceanside Circulation Element Update Final EIR, physical
improvements to add lanes are infeasible; therefore the Final EIR recommended reclassification
of this segment from a six-lane Major Alterial to a six-lane Prime Alterial. This reclassification
would mitigate the project significant impact. However, the City of Oceanside identified Plime
Alterial improvements for this segment as infeasible.
The reclassification and segment changes are within the responsibility and jurisdiction of the City of
Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulat01y auth01ity of the City of Carlsbad and that physical improvements are
infeasible, these impacts are considered significant and unmitigable.
C. Mitigation Measures
Mitigation Measure T -5
(Alternatives 1 and 2). College Boulevard: Between Vista Way and Plaza Drive; Plaza
Drive and Marron Road; and Marron Road and the south City limit. To mitigate Altemative
1 and 2's impacts to College Boulevard, the applicant shall pay fair share fee towards
reclassification of College Boulevard from a six-lane Major Alterial to a six-lane PI·ime Alterial.
However, the Oceanside Circulation Update considers roadway reclassification and widening
infeasible due to intersection spacing requirements. The changes or alterations are within the
responsibility and jmisdiction of the City of Oceanside. The City of Oceanside does not appear to
have adopted a program to construct such improvements and there does not appear to be a
program to accept payments in lieu of constmction. Due to the fact that the subject impacted
segments are located outside the jmisdiction and regulat01y auth01ity of the City of Carlsbad,
these impacts are considered significant and unmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or construct creative
measures to address the improvement of tr·affic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.6 Build Alternative 1-College Boulevard/Marron Road/Lake Boulevard
A. Significant Impact. Under Buildout Altemative 1, the College Boulevard/Man on Road/Lake
Boulevard intersection would operate at LOS "E" during the PM peak hour without or with
project tr·affic. The change in average contr·ol delay with the addition of project tr·affic is greater
than two seconds, therefore, the project would result in a significant cumulative impact.. As part
of Mitigation Measure T -7, the applicant shall pay a fair share fee towards adding a second
northbound right tum lane on College Boulevar·d to eastbound Lake Boulevar·d.
B. Facts in Support of Finding (2 and 3). The PI·oject's potential impact on College
Boulevar·dJMarmn Boulevar·d/Lake Boulevard would be mitigated to a level less than significant
with the implementation of Mitigation Measure T-7. The planned but unftmded mitigation at this
location, as identified in the Oceanside Circulation Element Update FEIR, is the addition of a
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39 City of Carlsbad
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Findings of Fact and Statement of Overriding Considerations
second northbotmd right tum only lane to eastbotmd Lake Boulevard. As shown in Table 8-3-A
of the Traffic Impact Analysis, the addition of the second right tum only lane provides mitigation
for the deficient operation at this location. However, the changes are within the responsibility
and jmisdiction of the City of Oceanside. The City of Oceanside does not have an adopted
program to constmct such improvements and there does not appear to be a program to accept
payments in lieu of construction. Due to the fact that this impacted intersection is located outside
the jmisdiction and regulat01y auth01ity of the City of Carlsbad, these impacts are considered
significant and unmitigable.
C. Mitigation Measures
Mitigation Measure T-7
(Alternatives 1 and 2). College Boulevard/Marron Road/Lake Boulevard. The applicant
shall pay a fair share fee towards adding a second n01thbound right tmn lane on College
Boulevard to eastbound Lake Boulevard.
The changes/alterations are within the responsibility and jmisdiction of the City of Oceanside.
However, the City of Oceanside does not appear to have adopted a program to constmct such
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that the intersection is located outside the jmisdiction and regulato1y
authority of the City of Carlsbad, these impacts are considered significant and tmmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or construct creative
measmes to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.7 Build Alternative 2-College Boulevard: between Vista Way and Plaza Drive; Plaza
Drive and Marron Road; and Marron Road and the South City Limit
A. Significant Impact. As shown in EIR Table 5.14-25, tmder Buildout Altemative 2, the
following segments would operate at LOS F without or with project traffic:
• College Boulevard between Vista Way and Plaza D1ive
• College Boulevard between Manon Road and the southem City limit
• College Boulevard (Plaza Drive to Manon Road-Lake Boulevard)
The addition of project tr·affic on College Boulevard between Vista Way and Plaza Drive and
College Boulevard between Manon Road and the southem City limit would exceed the allowable
two percent (0.02) volume to capacity ratio threshold. Since the project change in volume to
capacity ratio is greater than two percent (0.02), the project would have a significant project
impact to these segments. At College Boulevard (Plaza Drive to Manon Road), the average AM
and PM travel speed decreases by more than one mile per hom with project added at LOS E or F,
which indicates a significant impact. As part of Mitigation Measure T -5, the applicant shall pay
fair share fee towru·ds reclassification of College Boulevard from a six-lane Major Alte1ial to a
six-lane P1ime Alte1ial.
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Findings of Fact and Statement of Overriding Considerations
B. Facts in Support of Finding (2 and 3). The Project's potential impact on College Boulevard
between Vista Way and Plaza Drive; College Boulevard between Manon Road and the southem
City limit; and, College Boulevard (Plaza Drive to Manon Road-Lake Boulevard) would be
mitigated to a level less than significant with the implementation of Mitigation Measure T -5.
According to the City of Oceanside Circulation Element Update Final EIR, physical
improvements to add lanes are infeasible; therefore the Final EIR recommended reclassification
of this segment from a six-lane Major Alterial to a six-lane Prime Alterial. This reclassification
would mitigate the project significant impact. However, the City of Oceanside identified Plime
Alterial improvements for this segment as infeasible.
The reclassification and segment changes are within the responsibility and jurisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulat01y auth01ity of the City of Carlsbad and that physical improvements are
infeasible, these impacts are considered significant and umnitigable.
C. Mitigation Measures
Mitigation Measure T-5 (as listed above).
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to fund or constmct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.8 Build Alternative 2 -Vista Way between College Boulevard and the SR-78
Westbound Ramps
A. Significant Impact. Under Buildout Altemative 2, Vista Way between College Boulevard and
the SR-78 Westbound Ramps would operate at LOS "F" without or with project traffic added.
The addition of project tr·affic on this roadway segment would exceed the allowable two percent
(0.02) volume to capacity ratio threshold. This is considered a significant cumulative impact. As
part of Mitigation Measure T -6, the applicant shall pay fair share fee towards providing a
westbound dedicated right turn lane and lengthening the westbmmd left tmn lanes at College
Boulevard/Vista Way by restiiping the existing lanes.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on Vista Way between
College Boulevard and the SR-78 Westbound Ramps would be mitigated to a level less than
significant with the implementation of Mitigation Measure T -6. As mentioned previously, the
Oceanside Circulation Element Update Final EIR recommended providing a westbmmd dedicated
right tm·n lane and lengthening the westbmmd left tmn lane at College Boulevard/Vista Way
intersection by restr·iping the existing lanes. However, although the improvements would improve
peak hour operations, College Boulevard would still operate at a deficient LOS.
The roadway segment changes/alterations are within the responsibility and jurisdiction of the City
of Oceanside. The City of Oceanside does not have an adopted program to constmct roadway
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Findings of Fact and Statement of Overriding Considerations
improvements and there does not appear to be a program to accept payments in lieu of
construction. Due to the fact that this impacted roadway segment is located outside the
jmisdiction and regulat01y authority of the City of Carlsbad, these impacts are considered
significant and unmitigable.
C. Mitigation Measures
Mitigation Measure T -6
(Alternative 2 only). Vista Way: Between College Boulevard and the SR-78 westbound
ramps. The applicant shall pay fair share fee towards providing a westbound dedicated right tmn
lane and lengthening the westbound left tum lanes at College Boulevard/Vista Way by restriping
the existing lanes.
These improvements would improve peak hour operations; however, would not fully mitigate
segment impacts. The changes/alterations are within the responsibility and jmisdiction of the City
of Oceanside. However, the City of Oceanside does not appear to have adopted a program to
construct such improvements and there does not appear to be a program to accept payments in
lieu of constmction. Due to the fact that the roadway segment is located outside the jurisdiction
and regulato1y authority of the City of Carlsbad, these impacts are considered significant and
unmitigable.
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or construct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
2.10.9 Build Alternative 2-College Boulevard/Marron Road/Lake Boulevard
A. Significant Impact. Under Buildout Altemative 2, the College Boulevard!Manon Road/Lake
Boulevard intersection would operate at LOS "E" during the PM peak hour without or with
project tr·affic. The change in average contr·ol delay with the addition of project tr·affic is greater
than two seconds; therefore, the project would result in a significant cumulative impact. As part
of Mitigation Measure T -7, the applicant shall pay a fair share fee towards adding a second
northbound right tum lane on College Boulevard to eastbound Lake Boulevard.
B. Facts in Support of Finding (2 and 3). The Project's potential impact on College
Boulevard!MruTon Boulevru·d!Lake Boulevard would be mitigated to a level less than significant
with the implementation of Mitigation Measure T -7. However, the changes are within the
responsibility and jmisdiction of the City of Oceanside. The City of Oceanside does not have an
adopted program to constmct such improvements and there does not appear to be a program to
accept payments in lieu of constmction. Due to the fact that this impacted intersection is located
outside the jurisdiction and regulato1y authority of the City of Carlsbad, these impacts ru·e
considered significant and tmmitigable.
C. Mitigation Measures
Mitigation Measure T-7 (as listed above).
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Findings of Fact and Statement of Overriding Considerations
Applicant Proposed Measures
Additionally, as discussed above, the Applicant has indicated that it will voluntarily offer to enter
into an agreement with the City of Oceanside in which it will offer to ftmd or construct creative
measures to address the improvement of traffic conditions within the City of Oceanside at those
locations where improvements are feasible.
3.0 EFFECTS FOUND NOT TO BE SIGNIFICANT
The City fmds, based on the substantial evidence appearing in Chapter 7. 5 of the EIR, that the following
impacts on the following resources will not be significant: Agticulture and Forestry Resources, Land Use
and Planning, Population and Housing, Public Services, Utilities and Service Systems.
4.0 FINDINGS REGARDING FEASIBLE ALTERNATIVES
Pursuant to CEQA Guidelines §15126.6(a), EIRs must "descti be a range of reasonable altematives to the
project, or to the location of the project, which would feasibly attain most of the basic objectives of the
project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate
the comparative metits of the alternatives."
The EIR considers a reasonable range of alternatives. The alternatives to the Project are evaluated in
Chapter 6.0 of the EIR in tenns of their ability to meet the basic objectives of the Project, and eliminate or
ftuther reduce its significant environmental effects. Based on these parameters, the following altematives
were considered: (1) No Project/Existing General Plan Alternative; (2) No Project/No Development
Altemative; (3) Reduced Development Footprint Altemative; ( 4) Existing HMP Hardline and Circulation
Element Alternative; (5) Special Use Area for Planning Area R-5 Altemative; (6) No Development on
Panhandle Parcel -656 Units Altemative; (7) No Development on Panhandle Parcel -506 Units
Altemative; and, (8) No Direct Traffic Impact Alternative.
4.1 NO PROJECT/EXISTING GENERAL PLAN ALTERNATIVE
The No Project/Existing General Plan Altemative assumes that the project site would be developed
pursuant to the existing General Plan land use designations on the site. Under this alternative,
development of the project site would be ptimarily either one large subdivision or a series of single-
family residential subdivisions (low-medium density). The residential low-medium density (RLM)
General Plan designation allows 0-4 dwelling tmits per acre. Pursuant to the City of Carlsbad General
Plan and Zoning regulations, and allowed for residential density calculation credit per the existing
General Plan Land Use Element, the maximum allowed residential tmits allowed on the Quany Creek
project site is 293 units, based on existing General Plan land use designations.
Man on Road would be extended through the project site in an east-west direction from College
Boulevard westerly to its existing ternrinus approximately 1.3 miles to west. This altemative would
comply with the City's Inclusionary Housing Ordinance (City Municipal Code Chapter 21.85) by
developing 15 percent of the total mrits as affordable to low income households. Under the Existing
General Plan Altemative, the project would be obligated to provide a maximum of 44 dwelling units (293
dwelling units x 15%) as affordable to lower-income households.
As compared to the proposed project, the Existing General Plan Alternative would provide 293 low-
medium density residential units, instead of 656 units of medium-high to high density residentialtmits.
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Findings of Fact and Statement of Overriding Considerations
This altemative is consistent with the existing RLM General Plan Land Use designation and would not
require a General Plan Amendment to the Land Use, Open Space and Conservation Element, and
Circulation Element; however, this altemative is not consistent with the City's more recently adopted
Housing Element policy for the project site. This altemative would result in greater impacts to aesthetics,
air quality, biological resources, cultural resources, geology and soils, and hydrology and water quality.
The altemative would result in similar impacts to the remaining issue area as compared to the proposed
project.. In addition, this altemative would not meet the following objectives of the project:
(I) Provide land uses that are compatible and complementary with the existing smTotmding and
adjacent land uses and facilities in an effort to sustain the San Diego Association of Governments
(SANDAG) "Smart Growth" principles for the Quany Creek area. Establish sufficient land use
intensity on the site to support the "Commtmity Center" designation on the Smart Growth Concept
Map.
(2) Provide a high density and medium-high density community in compliance with the policies of
the Housing Element of the Carlsbad General Plan.
(3) Establish a comprehensive development plan for the site that provides an appropriate balance of
open space, residential and public use land uses.
( 4) Develop a sustainable community by foc using the land use design parameters on environmental,
cultural, social, and economic sustainability. Provide a plan that is strongly influenced by recognition
of the balance between human interaction (development of urban uses) and natural systems
(environmental conservation), in order to meet the needs of cunent and future generations, and to
respect the history of past generations who have lived on the property.
(5) Construct a community that preserves and protects the most important cultural heritage aspects of
the property.
(6) Provide a plan that permanently preserves the culturally-significant El Salto Falls and the full
alignment of Buena Vista Creek through the Quany Creek property, and includes a significant
development buffer of native landscape protecting each of these natural and historic resources.
(7) Comply with the Carlsbad Habitat Management Plan (HMP) and conserve open spaces through
consistency with the requirements of the City of Carlsbad and Wildlife Agencies approved HMP.
The Master Plan clusters proposed development only to a number of compact areas allowed for
development as defined in the HMP. This will allow for wildlife conidors and sensitive vegetation
communities to be conserved, mitigated, protected and managed in accordance with the standards
required by these Agencies.
(9) Implement a plan which is aesthetically pleasing, and compatible and complimentary to adjacent
land uses and facilities.
(I 0) Conserve open space areas for recreation and the preservation of sensitive environmental
resources by clustering development within the non-environmentally sensitive areas of the property,
as indicated by the approved HMP Hardline.
(13) Design a community that encourages social interaction through providing for the recreational and
open space needs of project residents and the City at large, by incorporating recreational land uses
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Findings of Fact and Statement of Overriding Considerations
including public areas, recreation facilities, pocket parks, a pedestiian circulation system and
substantial areas of pe1manently prese1ved natural open space.
(14) Provide for a va1iety of housing choices in order to accommodate the housing needs of a range of
economic levels and age groups, to promote social diversity, and to supp01t an economically viable
development program.
(15) Add to the City's inventmy of housing diversity by providing both market rate and affordable
housing opp01tunities that are conveniently located adjacent to transportation, commercial,
recreational and public uses.
(16) Provide architectural and landscape Guidelines applicable to an approximate mix of housing
types which meet the City's goals for establishing a sustainable commtmity that is marketable within
the evolving economic profile of the sunounding community and the City of Carlsbad as a whole.
(1 7) Modify the City of Carlsbad Circulation Element to eliminate Marron Road and Rancho del Oro
Road from extending through the Buena Vista Creek Ecological Rese1ve.
(18) Ensure sufficient developable acreage in different residential densities to provide vatied housing
types for households in all economic segments.
The No Project/Existing General Plan Altemative would not meet most of the basic objectives of the
proposed project, therefore, this altemative is not recommended for approval.
4.2 NO PROJECT/NO DEVELOPMENT ALTERNATIVE
The No Project/No Development Altemative assumes that the project site would not be developed and
would remain vacant. This altemative also assumes that the Circulation Element roadways (MatTon Road
and Rancho Del Oro) would not be constiucted.
Under this altemative, impacts to aesthetics, air quality, biological resources, cultural resources, geology
and soils, hydrology and water quality, noise, and u·affic would be avoided. This altemative would result
in similar impacts to the remaining issue at·ea as compat·ed to the proposed project, as no significant
impacts were identified under the proposed project. This altemative would not meet any of the basic
objectives of the proposed project.
The No Project/No Development Altemative would not meet any of the basic objectives of the proposed
project, therefore, this altemative is not recommended for approval.
4.3 REDUCED DEVELOPMENT FOOTPRINT ALTERNATIVE
The Reduced Development Footp1int Altemative would provide a total of 656 residential dwelling units
consisting of 456 High Density and 200 Medium High Density units. The development footprint, as it
extends westerly on the Panhandle pat·cel would be reduced as compared to the proposed project.
Under this altemative, impacts to aesthetics with regat·d to altering the viewshed from the MatTon Adobe
would be avoided, and impacts to air quality, biological resources, cultural resources, geology and soils,
and hydrology and water quality would be reduced as the development footprint would be reduced. This
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Findings of Fact and Statement of Overriding Considerations
altemative would result in similar impacts to noise and transportation/traffic as compared to the proposed
project. In addition, this altemative would not meet the following objectives of the proposed project:
(18) Ensure sufficient developable acreage in different residential densities to provide varied housing
types for households in all economic segments.
(19) Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
(20) Obtain approval of a development plan with sufficient variety of product types to overcome the
economic impact of the City of Carlsbad's infrastructure construction and public safety requirements,
which severely constrain infrastructure phasing on the property.
The Reduced Development Footprint Altemative is technically feasible, but would not constitute a
development plan with sufficient variety of product types to overcome the economic impact of the City of
Carlsbad's infrastructure construction and public safety requirements, which severely constr·ain
infrastructure phasing on the property, therefore, this altemative is not recommended for approval.
4.4 EXISTING HMP HARDLINE AND CIRCULATION ELEMENT ALTERNATIVE
The purpose of this altemative is to evaluate a land use plan that would not involve proposed amendments
to the City's existing HMP Hardline preserve and the General Plan Circulation Element. As discussed in
EIR Section 3.0 Project Description, implementation of the proposed project will involve a General Plan
amendment to the City's Circulation Element to eliminate the planned westward extension of Manon
Road, which is designated as a four-lane Secondary Arterial road, and is cunently depicted in the
Circulation Element as a connection between College Boulevar·d and El Camino Real. (Under the
proposed project, the classification of MarTon Road would also be changed within the Master Plan area to
a Contr·olled Collector roadway.) Under the proposed project, the General Plan Amendment would also
eliminate the Rancho del Oro Road extension from the Circulation Element. Also, the project proposes
minor changes to the HMP Har·dline Preserve, which in tum will require an amendment to the City's
Open Space and Conservation Element. Under this altemative, the existing HMP Hardline would remain
in its cunent configuration.
The Existing HMP Hardline and Circulation Element Altemative would provide a total of 788 residential
dwelling units consisting of 331 High Density and 457 Medium High Density tmits. Under the existing
HMP Har·dline, the development footprint would be lar·ger than the proposed project. Additionally, the
ar·ea of disturbance would be expanded as compared to the proposed project in order to accommodate the
MarTon Road alignment completely through the project site and accounting for the likely alignment of the
roadway off-site.
This altemative would not reduce or avoid any of the significant impacts associated with the proposed
project. This altemative would result in greater impacts to aesthetics, air quality, biological resources,
cultural resources, geology and soils, and hydrology and water quality. The remaining issue ar·eas would
be similar· to the proposed project. In addition, this altemative would not meet the following objective of
the project:
(5) Construct a community that preserves and protects the most important cultural heritage aspects of
the property.
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Findings of Fact and Statement of Overriding Considerations
(17) Modify the City of Carlsbad Circulation Element to eliminate Marron Road and Rancho del Oro
Road from extending through the Buena Vista Creek Ecological Reserve.
The Existing HMP Hardline and Circulation Element Alternative would not reduce or avoid any of the
significant impacts associated with the proposed project. Additionally, this alternative would result in
greater impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, and
hydrology and water quality. Therefore, this alternative is not recommended for approval.
4.5 SPECIAL USE AREA FOR PLANNING AREA R-5 ALTERNATIVE
The purpose of this alternative is to evaluate an alternative land use plan that would provide a special use
park in the northwestern portion of the Panhandle parcel. Under the proposed project, 56 Medium High
Density residential units would be located in this area (Master Plan PA R-5). This alternative would
potentially reduce or avoid the significant visual impact associated with the view from the Marron Adobe.
The Special Use Area for PA R-5 Alternative would provide a total of 656 residential dwelling tmits
consisting of 456 High Density and 200 Medium High Density units. A 5.3 gross acre special use park
would be provided in Master Plan PA R-5, the residential units within R-5 would be reallocated into
PAR-4.
Under this alternative, impacts to aesthetics with regard to altering the viewshed from the Marron Adobe
would be avoided, and impacts to air quality, biological resources, cultural resources, geology and soils,
and hydrology and water quality would be reduced as the development footprint would be reduced. This
alternative would result in similar impacts to noise and transportation/traffic as compared to the proposed
project. In addition, this alternative would not meet the following objectives of the proposed project:
(18) Ensure sufficient developable acreage in different residential densities to provide varied housing
types for households in all economic segments.
(19) Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
(20) Obtain approval of a development plan with sufficient variety of product types to overcome the
economic impact of the City of Carlsbad's infrastructure construction and public safety requirements,
which severely constrain infrastructure phasing on the property.
The Special Use Area for Planning Area R-5 Alternative would not constitute a development plan with
sufficient variety of product types to overcome the economic impact of the City of Car·lsbad's
infrastructure construction and public safety requirements, which severely constr·ain infi:astructure
phasing on the property, therefore, this alternative is not recommended for approval.
4.6 NO DEVELOPMENT ON PANHANDLE PARCEL-656 UNITS ALTERNATIVE
The purpose of this alternative is to reduce and/or avoid environmental impacts related to aesthetics,
biological resources, grading, and water quality, and cultural resources, by eliminating proposed
development from the Panhandle par·cel, and concentr·ating development on the generally disturbed ar·eas
Reclamation par·cel.
The No Development on Panhandle Par·cel -656 Units Alternative would provide a total of
656 residential dwelling units consisting entirely of High Density units, and located only on the
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Findings of Fact and Statement of Overriding Considerations
Reclamation parcel. No development would occur on the Panhandle parcel, with the exception of some
limited grading and constmction of utilities to support the development.
Under this alternative, impacts to aesthetics would be avoided. Additionally, this alternative would
reduce impacts to air quality, biological resources, cultural resources, geology and soils, and hydrology
and water quality. Impacts to noise and transportation would be similar to the proposed project.
The No Development on Panhandle Parcel -656 Units Alternative is not recommended for approval, as
this alternative would not meet the following objectives of the project:
(2) Provide a high density and medium-high density community in compliance with the policies of
the Housing Element of the Carlsbad General Plan.
(12) Provide an economically-viable development program for the property.
(14) Provide for a variety of housing choices in order to accommodate the housing needs of a range of
economic levels and age groups, to promote social diversity and to support an economically viable
development program.
(16) Provide architectural and landscape Guidelines applicable to an approximate mix of housing
types which meet the City's goals for establishing a sustainable community that is marketable within
the evolving economic profile of the sunounding community and the City of Carlsbad as a whole.
(18) Ensure sufficient developable acreage in different residential densities to provide varied housing
types for households in all economic segments.
(19) Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
(20) Obtain approval of a development plan with sufficient variety of product types to overcome the
economic impact of the City of Carlsbad's infrastructure construction and public safety requirements,
which severely constrain infrastructure phasing on the property.
4.7 NO DEVELOPMENT ON PANHANDLE PARCEL-506 UNITS ALTERNATIVE
The purpose of this alternative is to reduce and/or avoid environmental impacts related to aesthetics,
biological resources, grading, and water quality, and cultural resources, by eliminating proposed
development from the Panhandle parcel, and concentr·ating development on the generally disturbed areas
Reclamation parcel. This alternative also reduces the total number of dwelling units to 506.
The No Development on Panhandle Parcel -506 Units Alternative would provide a total of
506 residential dwelling units consisting of 306 High Density units and 200 Medium High Density units.
Development would be located only on the Reclamation parcel. No development would occur on the
Panhandle parcel, with the exception of some limited grading and constmction of utilities to support the
development.
Under this alternative, impacts to aesthetics would be avoided, and impacts to air quality, biological
resources, cultural resources, geology and soils, hydrology and water quality would be reduced. Impacts
to noise and tr·affic would be similar to the proposed project.
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Findings of Fact and Statement of Overriding Considerations
The No Development on Panhandle Parcel -506 Units Altemative is not recommended for approval, as
this altemative would not meet the following objectives of the project:
(12) Provide an economically-viable development program for the prope1ty.
(18) Ensure sufficient developable acreage in different residential densities to provide vruied housing
types for households in all economic segments.
(19) Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
(20) Obtain approval of a development plan with sufficient vatiety of product types to overcome the
economic impact of the City of Carlsbad's infrastructure construction and public safety requirements,
which severely constrain infrastructure phasing on the property.
4.8 NO DIRECT TRAFFIC IMPACT ALTERNATIVE
The purpose of this altemative is to avoid the significant, and unmitigable, direct tr·affic impact associated
with the proposed project. For Existing Plus Project and Neru· Term Plus Project, the ADT would have to
be 1 ,960± ADT or less for no direct impacts.
The No Direct Traffic Impact Altemative would provide a total of 250 residential dwelling units
consisting of217 High Density units and 33 Medium Density units. The development footprint would be
limited to only the previously disturbed ru·eas of the Reclamation pru·cel.
This altemative would avoid the significant direct tr·affic impacts associated with the proposed project and
would also avoid the aesthetic impact associated with the proposed project. This altemative would reduce
impacts in all other resource categories, with the exception of noise, in which the impact would be similru·
to the proposed project. In addition, this altemative would not meet the following objectives of the
project:
(I) Provide land uses that are compatible and complementaty with the existing sunounding and
adjacent land uses and facilities in an eff01t to sustain the San Diego Association of Govemments
(SANDAG) "Smrut Growth" ptinciples for the Quru1y Creek ru·ea. Establish sufficient land use
intensity on the site to supp01t the "Community Center" designation on the Smrut Growth Concept
Map.
(2) Provide a high density and medium-high density community in compliance with the policies of
the Housing Element of the Cru·lsbad General Plan.
( 4) Develop a sustainable community by focusing the land use design pru·ameters on environmental,
cultural, social and economic sustainability. Provide a plan that is str·ongly influenced by recognition
of the balance between human interaction (development of urban uses) and natural systems
(environmental conservation), in order to meet the needs of cunent and future generations, and to
respect the hist01y of past generations who have lived on the pro petty.
(II) Implement the applicable p01tions of the City of Cru·lsbad General Plan and Zoning Code; and
the Zone 25 Local Facilities Management Plan, as adopted by the concunent application.
(12) Provide an economically-viable development program for the prope1ty.
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Findings of Fact and Statement of Overriding Considerations
(14) Provide for a vruiety of housing choices in order to accommodate the housing needs of a range of
economic levels and age groups, to promote social diversity and to suppo1t an economically viable
development progrrun.
(16) Provide ru·chitectural and landscape Guidelines applicable to an approp1iate mix of housing types
which meet the City's goals for establishing a sustainable community that is marketable within the
evolving economic profile of the sunounding commtmity and the City of Cru·lsbad as a whole.
(18) Ensure sufficient developable acreage in different residential densities to provide vru·ied housing
types for households in all economic segments.
(19) Provide a plan that recognizes the development potential of the entire site as contemplated in the
cunent adopted General Plan and Habitat Management Plan.
(20) Obtain approval of a development plan with sufficient vruiety of product types to overcome the
economic impact of the City of Carlsbad's infrastructure construction and public safety requirements,
which severely constrain infrastructure phasing on the property.
The No Direct Traffic Impact Alternative is considered the environmentally superior alternative to the
proposed project as it would avoid the significant direct tr·affic impacts associated with the proposed
project and would also avoid the aesthetic impact associated with the proposed project. This alternative
would reduce impacts in all other resource categories, with the exception of noise, in which the impact
would be similar to the proposed project. However, this alternative is not recommended for approval as it
would not meet most of the basic objectives of the proposed project.
4.0 STATEMENT OF OVERRIDING CONSIDERATIONS (CEQA GUIDELINE §15093)
As discussed in Section 2.0 of these CEQA findings, the FEIR concludes that the Proposed Quru1y Creek
Master Plan Project (Proposed Project), even with incorporation of all feasible mitigation measures will
nonetheless have significant direct and cumulative impacts to tr·affic/circulation. The cumulative impacts
ru·ise from the mru·ginal contribution the Proposed Project will make, when combined with the impacts
from existing and other future projects, to pre-existing conditions that fail to currently meet applicable
traffic standards.
The City has adopted all feasible mitigation measures with respect to these impacts, which may have
substantially lessened the impacts, but have not been successful in reducing them below a level of
significance. In addition, ce1tain circulation improvements ru·e infeasible (see preceding Section 2.0).
Under CEQA, before a project which is dete1mined to have significant, unmitigated environmental effects
can be approved, the public agency must consider and adopt a "statement of oveniding considerations"
pursuant to CEQA Guidelines 15043 and 15093. As the p1ima1y purpose of CEQA is to fully info1m the
decision makers and the public as to the environmental effects of a Proposed Project and to include
feasible mitigation measures and alternatives to reduce any such adverse effects below a level of
significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse
impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to
approve such a project through the statement of oveniding considerations setting forth the Proposed
Project's general social, economic, policy or other public benefits which suppo1t the agency's info1med
conclusion to approve the Proposed Project.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
50 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
The City finds that the Proposed Project has the following substantial social, economic, policy and other
public benefits, any one of which would justify its approval and implementation, not withstanding not all
environmental impacts were fully reduced below a level of significance.
A. City General Plan and Policies. The Proposed Project is consistent with the City's General Plan
and Policies in that it provides for residential development, community facilities, parks that
would se1ve the project, and natural open space.
B. Growth Management Program· Zoning. The Proposed Project is fully consistent with the City's
adopted Growth Management Ordinance and City Policy #43, and all the applicable standards
that will guide the entire buildout of the Proposed Project, including the Local Facilities
Management Plan setting fo1th the phasing and timing of needed public infrastructure. These
programs assure the Proposed Project will develop as a balanced whole and needed public
infrastructure and facilities will be provided commensurate with need in order to meet the public
facilities pe1fo1mance standards of the City's Growth Management Program.
C. Open Space. Approximately 87.9 acres of the Quany Creek Master Plan consists of Open Space.
The open space consists of: a) open space for the prese1vation of natural resources; and, b) open
space for public health and safety; recreation areas, tr·ails; and parks that will se1ve the project.
D. Housing. The proposed project will provide a range of housing oppo1tunities for all identifiable
economic segments, including households of lower and moderate income. A total of 656 units
are proposed. The project will help the City satisfy it's share of affordable housing as mandated
by the State of Califo1nia, consistent with the City's Regional Housing Needs Allocation
(RHNA). As proposed, the Quany Creek Master Plan would be obligated to provide a minimum
of 98 dwelling units which are affordable to lower-income households, based on the maximum
number of allowed units (656 dwelling tmits) within the project.
E. General Ftmd. The approval of this project would result in an increased generation of real
prope1ty tax revenue for the City of Carlsbad. The City would receive real property tax
increment revenues atu·ibutable to the increased value of improved real prope1ty associated with
the dwelling units for the project. Based on the assessed value of the land with implementation of
the proposed improvement and standard tax rates, the project would contr·ibute substantial total
prope1ty tax dollars. A pmtion of these prope1ty taxes would be paid to the City. It should be
noted that the estimated real estate values and the tax rate used to calculate the prope1ty tax are
subject to change. Additional revenue contr·ibutions would also be generated by real prope1ty
transfer taxes.
F. Additional Public Infrastructure Capital Contributions. The City's Growth Management Program
and land use ordinances provide a series of public facilities fees and exactions that are charged to
new development, which area generally payable at either time of final subdivision map or
issuance of individual building permits. Based on the project as proposed, these public
infrastructure and facilities on a citywide bases, including city administr·ative facilities, fire
stations, libraries, roads, and sto1m drainage systems as well as public water and sewer facilities.
These capital contr·ibutions are in addition to the infrastructure being constructed on-site and
represent the project's share of citywide infrastructure. The proposed project's Capital public
facilities contri butions consist of the following components:
a) Growth Management Local Facilities Fees.
L ~"'":) Quarry Creek Master Plan
.eLl ... ' Final EIR
51 City of Carlsbad
January 2013
Findings of Fact and Statement of Overriding Considerations
b) Citywide Conummity Facilities District.
c) Traffic Impact Fee estimated per DU contributes to the funding of various road, signal,
intersection, and similar transp01tation impacts tluoughout the City.
d) Public Facilities Fees contiibute to the financing of city administration and maintenance
facilities, parks, libraries, fire station, police stations, and similar city infrast111cture.
e) Drainage Fees estimated depending on location; this fund is used to constmct master
sto1m drain facilities in addition to those proposed by the project.
t) Sewer Connection Fees per Equivalent DU within the City of Carlsbad sewer service
area; these fees contiibute to the funding of specific interceptor sewers and the Encina
Water Pollution Conti·ol Facility to provide adequate capacity to convey wastewater from
collector sewers and provide for wastewater treatment and disposal of treated wastewater.
g) Water Capacity charges per meter size within the Carlsbad Municipal Water Disuict and
also the San Diego County Water Authority; charges and fees represent facilities capacity
for u·ansmission/storage systems, and ti·eatment facilities.
The foregoing fees may be subject to periodic adjustment and escalations in accordance with the
underlying ordinance or laws applicable thereto. The total fees represents the public facilities
capital conu·ibutions only and does not include any school fees or mitigation as the project's
impacts on school facilities are addressed directly with the affected school distiicts and various
city processing, application, and plan check charges for processing approvals.
G. Consistent with Regional Multiple Habitat Conservation Plan and the City of Carlsbad HMP.
The project will prese1ve and enhance approximately 87.9 acres of natural open space containing
sensitive habitats, consistent with the regional habitat planning goals. The City of Carlsbad HMP
identifies the project site and the Buena Vista Creek Ecological Rese1ve as an impo1tant wildlife
core area (Core Area 2) and a po1tion of a movement conidor (Link A). The HMP shows Link A
providing linkage to Core Areas 3 and 4 to the south and southeast which contains the Calavera
Heights and Carlsbad Highlands Mitigation Banks and the Agua Hedionda Lagoon and upland
habitats to the east. The project area is shown as a Proposed Hardline Conse1vation Area in the
HMP. The development builds upon the prese1ve area by increasing the HMP area by 9.5 acres
resulting in a net improvement in regional connectivity for this po1tion of the HMP. The project
design prese1ves 87.9 acres or 56% of the prope1ty in natural open space.
H. Removal of Simsbmy Sewer Lift Station. The project will constluct a gravity sewer to the
Vista/Carlsbad Interceptor Sewer, which will result in the elimination of the City of Carlsbad's
Simsbmy Sewer Lift Station in accordance with the adopted Sewer Master Plan. This is a
significant benefit because it eliminates ongoing power attJ·ibutable to pmnping wastewater,
eliminates the specialized ongoing maintenance and operation required for the lift station,
eliminates replacement cost of equipment and stmctmes, improves operational efficiencies of the
sewer system, and provides a more reliable wastewater conveyance system in the area.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR
52 City of Carlsbad
January 2013
Exhibit "B"
February 6, 2013
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
City of Carlsbad
Quarry Creek Master Plan Project
Final Environmental Impact Report
EIR 11-02
Mitigation measures have been identified in the Environmental Impact Rep01t (EIR) for the Quany Creek
Master Plan Project to reduce or eliminate potential environmental impacts associated with the project.
The City of Carlsbad (City) is required to implement all adopted mitigation measures. In order to ensure
compliance, the following mitigation monit01ing program has been f01mulated. This program consists of
a checklist followed by a detailed description of the mitigation measures.
A mitigation checklist has been prepared for the project. Table 1 summarizes the mitigation measures for
the project. Inf01mation contained within the checklist clearly identifies the mitigation measure,
delineates the monit01ing schedule, and defines the conditions required to ve1ify compliance. Following is
an explanation of the seven columns that constitute the checklist.
Column l
Column 2
Column 3
Column 4
Mitigation Measure: An invent01y of each mitigation measure is provided with a brief
description.
Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project
Constmction Mitigation (PC), Ongoing Mitigation (OM), or Long-Te1m Mitigation (LT)
in order to identify at what stage in the project development process the mitigation
measure can be implemented based upon the following defmitions:
• PD -Project Design Mitigation: Mitigation that has been incorporated into the
project at the design phase of project development (e.g., traffic control plan,
landscape plan);
• PC -Project Constmction Mitigation: Mitigation that is to be initiated at the
project site prior to and/or during constmction to avoid constmction related
impacts (e.g., dust or noise control measures);
• OM -On-going Mitigation: Mitigation associated with the project over a pe1iod
oftime (e.g., success of revegetation);
• LT-Long-Term Mitigation: Mitigation that requires monitoring over a greater
period of time (e.g., five-year revegetation monitoring program).
Monitor: Identifies the City depa1tment or other public agency that is responsible for
dete1mining compliance with the mitigation measure and for inf01ming the Planning
Depa1tment about compliance.
Schedule: The monitoring schedule depends upon the progression of the overall project.
Therefore, specific dates are not used within the "Schedule" column. Instead, scheduling
describes a logical succession of events (e.g., prior to constmction, annual) and if
necessruy, delineates a follow-up program.
L ~"":) Quarry Creek Master Plan
.eLl ... ' Final EIR 11-02
1 City of Carlsbad
December 2012
ColumnS
Column6
Column 7
Mitigation Monitoring and Reporting Program
Compliance Action: The monitor can easily determine a mitigation measure's
completion by refen ing to "Compliance Action." Upon satisfaction of the requirement
listed in this column, the mitigation measure is considered complete.
Verification of Compliance: The monitor verifies completion of the particular
mitigation measure by initialing and dating in this column. Where the "Schedule" column
indicates annual or other ongoing mitigation measures, verification of compliance may
not occur until completion of the project. Provision of all required signatures within the
Verification of Compliance column signifies conclusion of the monitming program.
Remarks: The status of ongoing and cumulative mitigation measures is to be
documented dwing each visit. The space provided for remarks is obviously too small for
inclusion of the remru·ks. It is intended that this space be used to indicate whether there
ru·e specific comments pertaining to the status of the mitigation measure. If there are
additional comments they ru·e to be attached to the checklist. Progress reports ru·e required
for the revegetation program. Information provided within progress reports will be
helpful in the development of future mitigation programs.
This program is to be adopted by the lead and responsible agencies upon formulation of fmdings in order
to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code
Section 21081.6).
L ~"'":) Quarry Creek Master Plan
.eLl ... ' Final EIR 11-02
2 City of Carlsbad
December 2012
Mitigation Measure
Aesthetics
AES-1 The Master Plan shall be
maintained to specifically restrict the
height limit within Planning Area R-5 to a
maximum of 30 feet in height.
Additionally, any buildings constructed
within Planning Area R-5 shall utilize only
earth tone building colors and roof tiles.
Language stating that the 30-foot
maximum height limitation and use of
earth tone building colors and roof tiles
that explicitly states that these restrictions
can not be modified by any future Master
Plan amendment (minor or major) shall be
incorporated into the Master Plan.
AES-2 Prior to issuance of grading
permits, the Applicant shall conduct a
Level II Historic American Building Survey
(HABS) documentation to be submitted to
the City for approvaL The photography
component of the HABS documentation
package would include several depictions
of the viewshed from the southern
faQade/ corredor.
AES-3 Prior to issuance of grading
permits, the Applicant shall prepare and
receive approval of an interpretive signage
plan, providing signage at a public site
with visibility of the Marron-Hayes
property, such as Proposed Park P-5,
which will include a discussion of the
function and use of the corredor and the
viewshed from the southern faQade as
Quarry Creek Master Plan
EIR 11-02
Type
PO
PC
PC
Mitigation Monitoring and Reporting Program
Table 1. Quarry Creek Master Plan Project (EIR 11-02)
Monitor Schedule Compliance Action
City of Carlsbad Prior to Vesting Tentative Map(s) reflect a maximum
Planning and issuance of building height of 30 feet and use of earth tone
Building building exterior colors for buildings developed within
Departments permit the Planning Area R-5.
City of Carlsbad Prior to Prior to the issuance of grading permits, a Level
Planning issuance of Ill Historic American Building Survey
Department grading documentation shall be submitted to the City of
permits Carlsbad Planning Department for approvaL
City of Carlsbad Prior to Prior to the issuance of grading permits, an
Planning and issuance of interpretive signage plan, which includes a
Building grading discussion of the function and use of the
Departments permits corredor and the viewshed from the southern
faQade as well as current and/or historic
photographs depicting the corredor and the
viewshed, shall be submitted to the City of
Carlsbad Planning Building Departments.
MMRP-3
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
well as current and/or historic photographs
depicting the corredor and the viewshed
from it. The site must be included in the
final building plans and submitted to the
City for final approvaL
AES-4 Prior to issuance of a grading
permit, the Applicant shall integrate the
following principles into the project design
and applicable project plans in order to
reduce impacts associated with light and
glare. The following basic principles
required in the provision of lighting may
include but are not limited to the following:
•
•
•
•
•
Street lights shall provide a safe
and desirable level of illumination
for both motorists and pedestrians
without intruding into residential
areas.
All street lighting shall conform to
City standards or an approved
theme lighting program, and shall
be approved by the City Engineer.
Illuminated entries shall direct
lighting low to the ground and be
limited to only the immediate
vicinity of the entry.
Lighted entries shall not be
distracting, create visual hot
spots, or glare, etc.
All Public Use lighting shall be
restricted and designed so as not
to significantly affect any
residential planning area, open
space areas or other nearby
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PO City of Carlsbad
Building and
Engineering
Departments
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
The Planning and Building Departments will
verify that the site is included in the final
building plans
Prior to Prior to issuance of a grading permit, the City of
issuance of a Carlsbad Engineering and Building
grading permit Departments shall verify that all proposed
project street lighting conform to City standards
or an approved theme lighting program.
MMRP-4
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
properties. This can be
accomplished through the use of
shielded lighting.
• All lighting conditions will be
addressed in the review and
approval of any site development
plan or other application.
• The plans shall be approved by
the City of Carlsbad.
Air Quality
AQ-1 Prior to issuance of a grading
permit, the project applicant shall prepare
a dust control measure plan that includes
Best Available Control Measures (BACM)
that are designed to reduce PM1o
emissions. The dust control plan shall be
submitted to the City of Carlsbad
Engineering Department for review and
approval. The following standards for
construction emissions shall be
implemented during construction:
•
•
•
Apply water during grading (which
includes blasting activity)/grubbing
activities to all active disturbed
areas at least twice daily;
Apply non-toxic soil stabilizers
according to manufacturer's
specification to all inactive
construction areas (previously
graded areas inactive for ten days
or more);
Apply water to all on-site unpaved
roadways at least two times daily;
and
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Engineering and
Planning
Departments
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to the issuance of a grading permit, a dust
issuance of a control measure plan shall be submitted to the
grading permit City of Carlsbad Engineering Department for
review and approval.
MMRP-5
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
• Reduce all construction related
traffic speeds on-site to below 15
miles per hour (MPH).
Biological Resources
810-1 Prior to issuance of a grading
permit, mitigation plans for impacts to
wetland and riparian species shall be
submitted to the City for approval. The
following measures shall be implemented:
• Impacts to southern riparian
woodland, southern willow scrub,
and mule fat scrub shall be
mitigated at a 3:1 ratio with a
minimum 11 creation ratio. In
total, impacts to riparian
vegetation communities shall
require 1.26 acres of mitigation.
The proposed project shall include
0.42 acres of riparian creation,
and 0.84 acres of enhancement of
wetlands on-site or immediately
off-site along Buena Vista Creek.
Refer to Figure 5.4-7 for the
proposed location of riparian
creation.
Alternatively, the project may complete
mitigation at an off-site location
acceptable to the City and Resource
Agencies.
• Impacts to 0.2 acres of native
grassland shall be mitigated at a
31 ratio (0.6 acres) through on-
site preservation of 0.1 acres of
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a grading permit, the
issuance of a applicant shall submit mitigation plans for
grading permit impacts to wetland and riparian species to the
City for approval.
MMRP-6
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
•
•
•
•
Mitigation Measure
native grassland and restoration
of 0.5 acres of native grassland
within on-site open space.
Impacts to 13.1 acres of Diegan
coastal sage scrub shall be
mitigated at a 2:1 ratio (26.2
acres) through on-site
preservation of 25.2 acres of
Diegan coastal sage scrub. The
remaining 1.0 acres shall be
mitigated through restoration of
Diegan coastal sage scrub on-
site.
An additional 3.5 acres will be
revegetated with Diegan coastal
sage scrub species for erosion
control purposes, and will be
required to meet cover criteria for
erosion control, but will not be
required to meet success criteria
for Diegan coastal sage scrub
being used for project mitigation.
Impacts to 0.2 acres of coastal
sage chaparral scrub and 0.1
acres of southern mixed chaparral
shall be mitigated at a 1:1 ratio
(0.3 acres) through on-site
preservation of 0.2 acres of
coastal sage chaparral scrub and
0.1 acres of southern mixed
chaparral
Impacts to 24.6 acres of non-
native grassland shall be
mitigated at a 0.5:1 ratio
(12.3 acres). The applicant shall
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-7
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
include preservation of 10.0 acres
of non-native grassland and either
payment of the in lieu fee or
restoration of 2.3 acres of
grassland habitat on-site.
• Impacts to 6.3 acres of disturbed
habitat, 0.1 acres of eucalyptus
woodland and 0.4 acres of non-
native vegetation shall be
mitigated at a 0.1: 1 ratio with on-
site preservation of 0.68 acres
southern mixed chaparral (6.8
acres of impact times 0.1).
810-2 Prior to issuance of a grading
permit, the applicant shall submit a
riparian restoration plan and a native
grassland restoration plan for approval by
the City of Carlsbad. The restoration plans
shall include the following:
Riparian Restoration Plan
a) All final specifications and
topographic-based grading,
planting, and irrigation plans (0.5
foot contours and typical cross-
sections) for the creation!
restoration-sites. All wetland
mitigation areas shall be graded
to the same elevation as adjacent
existing jurisdictional wetlands
areas, and/or to within one foot of
the groundwater table, and shall
be left in a rough grade state with
microtopographic relief (including
channels for wetlands) that
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a grading permit, the
issuance of a applicant shall submit a riparian restoration plan
grading permit and a native grassland restoration plan for
approval by the City of Carlsbad.
MMRP-8
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
b)
Mitigation Measure
mimics natural topography, as
directed by the City and the
USACE, USFWS, and CDFG
(collectively referred to as
"Resource Agencies"). Topsoil
and plant materials salvaged from
the impacted areas (including live
herbaceous shrub and tree
species) shall be transplanted to,
and/or used as a seed/cutting
source for, the riparian/wetland
creation and enhancement areas
to the maximum extent practicable
as directed by the City of
Carlsbad and Resource Agencies.
Planting and irrigation shall not be
installed until the City and
Resource Agencies have
approved of the mitigation-site
grading. All plantings shall be
installed in a way that mimics
natural plant distribution, and not
in rows;
Planting palettes (plant species,
size, and number/acres) and seed
mix (plant species and
pounds/acres). The multitude of
plant palettes proposed in the
draft plans shall include native
species specifically associated
with the habitat type(s). Unless
otherwise approved by the City
and Resource Agencies, only
locally native species (no
cultivars) obtained from as close
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-9
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
c)
d)
Mitigation Measure
to the project site as possible shall
be used. The source and proof of
local nativeness of all plant
material and seed shall be
provided;
Container plant survival shall be
80 percent of the initial plantings
for the first five years. At the first
and second anniversary of plant
installation, all dead plants shall
be replaced unless their function
has been replaced by natural
recruitment;
A final implementation schedule
that indicates when all
riparian/wetland impacts, as well
as riparian/wetland creation/
restoration grading, planting, and
irrigation, will begin and end.
Necessary site preparation and
planting shall be completed during
the concurrent or next planting
season (i.e .• late fall to early
spring) after the City and
Resource Agencies' approval of
grading. Any temporal loss of
habitat caused by delays in
riparian/wetland habitat creation/
restoration shall be offset through
like habitat creation/ restoration at
a 0.5: 1 ratio for every six months
of delay (i.e., 1:1 for 12 months
delay, 15:1 for 18 months delay,
etc.). In the event that the project
applicant is wholly or partly
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-10
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
e)
f)
Mitigation Measure
prevented from performing
obligations under the final plans
(causing temporal losses due to
delays) because of unforeseeable
circumstances or causes beyond
the reasonable control, and
without the fault of negligence of
the project applicant, including but
not limited to natural disasters
(e.g., earthquakes, etc },labor
disputes, sudden actions of the
elements (e.g., landslide activity},
or actions or inaction by federal or
state agencies, or other
governments, the project
applicant will be excused by such
unforeseeable cause(s);
Five years of success criteria for
wetland/riparian creation!
restoration areas, including:
separate percent cover criteria for
herbaceous understory, shrub
midstory, and tree overstory, and
a total percent absolute cover for
all three layers at the end of five
years; evidence of natural
recruitment of multiple species for
all habitat types; 0 percent
coverage for Cai-IPC's "Invasive
Plant Inventory" species, and no
more than 1 0 percent coverage
for other exotic/weed species;
A minimum of five years of
maintenance and monitoring of
riparian/wetland creation!
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-11
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
restoration areas, unless success
criteria are met earlier and all
artificial water supply has been off
for at least two years;
g) A qualitative and quantitative
vegetation monitoring plan with a
map of proposed sampling
locations. Photo points shall be
used for qualitative monitoring
and stratified-random sampling
shall be used for all quantitative
monitoring;
h) Contingency measures in the
event of creation/restoration
failure;
i) Annual mitigation maintenance
and monitoring reports shall be
submitted to the City and
Resource Agencies no later than
December 1 of each year; and
j) A wetland delineation shall be
performed to confirm that USACE
and CDFG jurisdictional wetlands
have been successfully
created/restored prior to final
approval of creation/ restoration-
sites.
Native Grassland and Diegan Coastal
Sage Scrub Habitat Restoration Plan
a) All final specifications and
topographic-based grading (with
1 0-foot contours), planting, and
irrigation plans (if irrigation is
used) All upland habitat
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-12
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
b)
Mitigation Measure
creation/restoration-sites shall be
prepared for planting by
decompacting the top soil in a
way that mimics natural upland
habitat top soil to the maximum
extent practicable while
maintaining slope stability. Topsoil
and plant materials salvaged from
the upland habitat areas to be
impacted shall be transplanted to,
and/or used as a seed/cutting
source for, the upland habitat
restoration/ creation areas to the
maximum extent practicable as
approved by the City of Carlsbad
and the wildlife agencies. Planting
and irrigation shall not be installed
until the City and wildlife agencies
have approved of upland habitat
restoration/ creation-site grading.
All plantings shall be installed in a
way that mimics natural plant
distribution and not in rows;
Planting palettes (plant species,
size, and number/acres) and seed
mix (plant species and
pounds/acres). The upland plant
palette proposed in the draft plans
shall include native species
specifically associated with the
habitat type(s). Unless otherwise
approved by the City of Carlsbad
and wildlife agencies, only locally
native species (no cultivars)
obtained from as close to the
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-13
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
c)
d)
Mitigation Measure
project site as possible shall be
used. The source and proof of
local nativeness of all plant
material and seed shall be
provided;
Container plant survival shall be
80 percent of the initial plantings
for the first five years. At the first
and second anniversary of plant
installation, all dead plants shall
be replaced unless their function
has been replaced by natural
recruitment;
A final implementation schedule
that indicates when all native
grassland and Diegan coastal
sage scrub impacts, as well as
native grassland and Diegan
coastal sage scrub creation/
restoration grading, planting, and
irrigation, will begin and end.
Necessary site preparation and
planting shall be completed during
the concurrent or next planting
season (i.e .• late fall to early
spring) after the City and wildlife
agencies' approval of grading.
Any temporal loss of habitat
caused by delays in native
grassland and Diegan coastal
sage scrub habitat creation/
restoration shall be offset through
like habitat creation/restoration at
a 0.5:1 ratio for every six months
of delay (i.e., 1:1 for 12 months
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-14
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
e)
f)
Mitigation Measure
delay, 1.5:1 for 18 months delay,
etc.). In the event that the project
applicant is wholly or partly
prevented from performing
obligations under the final plans
(causing temporal losses due to
delays) because of unforeseeable
circumstances or causes beyond
the reasonable control, and
without the fault of negligence of
the project applicant, including but
not limited to natural disasters
(e.g., earthquakes, etc },labor
disputes, sudden actions of the
elements (e.g., further landslide
activity}, or actions or inaction by
federal or state agencies, or other
governments, the project
applicant will be excused by such
unforeseeable cause(s);
Five years of success criteria for
native grassland creation/
restoration areas, including: a
total of 40-65 percent absolute
cover; evidence of natural
recruitment of multiple species; 0
percent coverage for Cal-l PC List
A and B species, and no more
than 10 percent coverage for
other exotic/weed species;
A qualitative and quantitative
vegetation monitoring plan with a
map of proposed sampling
locations. Photo points shall be
used for qualitative monitoring
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-15
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
and stratified, random sampling
shall be used for all quantitative;
g) Contingency measures in the
event of creation/restoration
failure; and
h) Annual mitigation maintenance
and monitoring reports shall be
submitted to Carlsbad and the
wildlife agencies after the
maintenance and monitoring
period and no later than
December 1 of each year.
The USACE and CDFG require no net
loss of wetlands. The proposed project
would cause impacts to 0.21 acres of
USACE jurisdictional areas and 0.47
acres of CDFG jurisdictional areas. The
following mitigation is required for impacts
to USACE and CDFG jurisdictional areas.
810-3 Prior to the issuance of a
grading permit, a mitigation plan shall
submitted to the City for approval that
provides mitigation for the permanent and
temporary impacts to ~ 0.23 acres of
USACE jurisdictional areas and ~ 0.51
acres of CDFG jurisdictional areas shall
be accomplished through on-site
mitigation at a 3:1 mitigation to impact
ratio through a combination of habitat
creation at a 1: 1 ratio and restoration!
enhancement at a 2:1 ratio; resulting in
~ 0.69 acres of USACE mitigation,
including at least~ 0.23 acres of
creation and 4:44 1.53 acres of CDFG
mitigation, including at least ~ 0.51
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a grading permit, a
issuance of a mitigation plan that provides mitigation for the
grading permit impacts to USACE and CDFG jurisdictional
areas shall be submitted to the City for
approval.
MMRP-16
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
acres of creation. The riparian creation
shall occur on-site, and the remaining
~ 1.02 acres of mitigation would occur
with enhancement of wetlands on-site or
immediately off-site along Buena Vista
Creek. Alternatively, the project may
complete mitigation at an off-site location
acceptable to the City and Resource
Agencies. Refer to EIR Figure 5.4-7 for
the proposed location of riparian creation
on-site. Impacts to 0.2 acres of the
riparian habitat due to shade shall be
mitigated through on-site or off-site
enhancement of 0.20 acres of disturbed
riparian habitat
810-4 Prior to construction activities
during the avian breeding season
(February 15-September 15); a qualified
biologist shall conduct pre-construction
surveys in the adjacent habitat for coastal
California gnatcatcher, least Bell's vireo,
southwestern willow flycatcher, and
nesting raptors. The survey shall begin not
more than three days prior to the
beginning of grading activities. The
USFWS and CDFG (collectively referred
to as "wildlife agencies") shall be notified if
any of these species are observed nesting
within 500 feet of proposed grading
activities. No activities which would result
in noise levels exceeding 60 dBA hourly
Leq within this 500-foot buffer shall be
allowed. Background noise (e.g., State
Route 78 [SR-78)) shall be excluded from
the 60 dBA calculation. If grading activities
are not completed prior to the breeding
Quarry Creek Master Plan
EIR 11-02
Type
PC
Monitor
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to construction activities, a qualified
construction biologist shall conduct pre-construction surveys
in the adjacent habitat for coastal California
gnatcatcher, least Bell's vireo, southwestern
willow flycatcher, and nesting rap tors. The on-
site biologist shall provide a written report to the
City Planning Department stating whether
species were observed within 500 feet of
proposed grading activities.
If grading activities are not completed prior to
the breeding season, and any of these species
are present, and noise levels exceed the 60
dBA hourly threshold, noise barriers shall be
erected to reduce noise impacts to occupied
habitat to below 60 dBA hourly Leq and/or the
activities shall be suspended.
MMRP-17
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
season, and any of these species are
present, and noise levels exceed this
threshold, noise barriers shall be erected
to reduce noise impacts to occupied
habitat to below 60 dBA hourly Leq and/or
the activities shall be suspended.
The proposed project may result in
significant edge effects (including effects
from human activity) along the western
boundary of the project site, as well as
along the development! open space
boundaries. To reduce edge effects, on-
site human activity, and potential impacts
related to the introduction of exotic and
domestic animals, the following mitigation
is required.
810-5 Prior to issuance of a grading
permit, the applicant shall incorporate the
following measures into the grading plans,
final project design, and landscaping
plans
• Temporary fencing (with silt
barriers) shall be installed at the
limits of project impacts (including
construction staging areas and
access routes) to prevent
additional sensitive habitat
impacts and to prevent the spread
of silt from the construction zone
into adjacent habitats to be
avoided. Fencing shall be
installed in a manner that does
not impact habitats to be avoided.
The applicant shall submit to the
Quarry Creek Master Plan
EIR 11-02
Type
PC
Monitor
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a grading permit, the
issuance of a applicant shall incorporate the measures listed
grading permit in Mitigation Measure BI0-5 into the grading
plans, final project design, and landscaping
plans for approval by the City and the resource
agencies (USACE, USFWS, and CDFG).
MMRP-18
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
•
Mitigation Measure
City, and the resource agencies
(i.e., USACE, USFWS, and
CDFG), for approval at least 30
days prior to initiating project
impacts and the final plans for
initial clearing and grubbing of
sensitive habitat and project
construction. These final plans
shall include photographs that
show the fenced limits of impact
and all areas (including
riparian/wetland or coastal sage
scrub) to be impacted or avoided.
If work occurs beyond the fenced
or demarcated limits of impact, all
work shall cease until the problem
has been remedied to the
satisfaction of the City and the
resource agencies. Any
riparian/wetland or upland habitat
impacts that occur beyond the
approved fence shall be mitigated
at a minimum 5:1 ratio.
Temporary construction fencing
shall be removed upon project
completion
A monitoring biologist approved
by the resource agencies shall be
on-site during clearing and
grubbing of habitat that occurs
within 200 feet of the grading
limits. The monitoring biologist
shall conduct weekly site visits
during rough grading to ensure
that the grading limits have been
respected. The biologist must be
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-19
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
•
•
Mitigation Measure
knowledgeable of gnatcatcher,
least Bell's vireo, and flycatcher
biology and ecology. The
applicant shall submit the
biologist's name, address,
telephone number, and work
schedule on the project to the City
and the resource agencies at
least seven days prior to initiating
project impacts
The monitoring biologist shall
periodically monitor adjacent
habitats for excessive amounts of
dust and shall recommend
remedial measures to address
dust control if necessary. The
monitoring biologist shall
implement a contractor training
program to insure compliance with
permit conditions. Any violations
would be reported to the City and
the wildlife agencies within 24
hours. Weekly reports will be
submitted during initial clearing
and grubbing, and monthly reports
shall be submitted throughout the
remainder of the grading of the
site. A final report shall be
submitted to the City and the
wildlife agencies within 60 days of
project completion.
The clearing and grubbing of
sensitive habitats shall occur
outside of the bird breeding
season (February 15 to
September 15), unless a qualified
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-20
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
biologist demonstrates to the
satisfaction of the City and the
wildlife agencies that all nesting is
complete.
810-6 Prior to construction activities,
the applicant shall complete the following
tasks
•
•
A conservation easement shall be
placed over those portions of the
property required to meet project
mitigation obligations (a
conservation easement already
exists over the open space
previously set aside as part of the
quarry reclamation effort)
The applicant shall prepare and
implement a perpetual
management, maintenance, and
monitoring plan (PMP) for all on-
site biological conservation
easement areas (a perpetual
management, maintenance, and
monitoring plan already exists
over the open space previously
set aside as part of the quarry
reclamation effort). The applicant
shall also establish a non-wasting
endowment or other satisfactory
financing mechanism for an
amount approved by the City and
resource agencies based on a
Property Analysis Record (PAR;
Center for Natural Lands
Management 1998) or similar cost
estimation method to secure the
Quarry Creek Master Plan
EIR 11-02
Type
PC
Monitor
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to construction activities, the City Planning
construction Department shall verify that ( 1) the applicant
has placed a conservation easement over the
portions of the property required to meet project
mitigation obligations and (2) the applicant has
prepared and implemented a perpetual
management, maintenance, and monitoring
plan for all on-site biological conservation
easements areas.
Upon approval of the draft plan, the applicant
shall submit the final plan to the City and
resource agencies and a contract with the
approved land manager, as well as transfer the
funds for the non-wasting endowment to a non-
profit conservation entity, within 60 days of
receiving approval of the draft plan.
MMRP-21
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
ongoing funding for the perpetual
management, maintenance, and
monitoring of the biological
conservation easement area by
an agency, non-profit
organization, or other entity
approved by the City and
resource agencies. The applicant
shall submit a draft plan including:
( 1) a description of perpetual
management, maintenance, and
monitoring actions and the PAR or
other cost estimation results for
the non-wasting endowment; and
(2) proposed land manager's
name, qualifications, business
address, and contact information
to the resource agencies for
approval at least 30 days prior to
initiating project impacts. Upon
approval of the draft plan, the
applicant shall submit the final
plan to the City and resource
agencies and a contract with the
approved land manager, as well
as transfer the funds for the non-
wasting endowment to a non-
profit conservation entity, within
60 days of receiving approval of
the draft plan.
810-7 Concurrent with construction
activities, the applicant shall complete the
following tasks:
• Employees shall strictly limit their
activities, vehicles, equipment,
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
During Prior to construction activities, the applicant
construction shall ensure that the tasks listed in Mitigation
Measure 810-7 are implemented.
MMRP-22
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
•
•
•
•
Mitigation Measure
and construction materials to the
fenced project footprint.
To avoid attracting predators of
the gnatcatcher, vireo, and
flycatcher, the project site shall be
kept as clean of debris as
possible during project grading.
All food-related trash items shall
be enclosed in sealed containers
and regularly removed from the
site.
Pets of project personnel shall not
be allowed on the project site
during grading.
Disposal or temporary placement
of excess fill, brush, or other
debris shall not be allowed in
waters of the U.S. or their banks.
All equipment maintenance,
staging, and dispensing of fuel,
oil, coolant, or any other such
activities shall occur in designated
areas outside of waters of the
U.S within the fenced project
impact limits. These designated
areas shall be located in
previously compacted and
disturbed areas to the maximum
extent practicable in such a
manner as to prevent any runoff
from entering waters of the U S.,
and shall be shown on the
construction plans. Fueling of
equipment shall take place within
existing paved areas greater than
100 feet from waters of the U.S.
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-23
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
• Contractor equipment shall be
checked for leaks prior to
operation and repair, as
necessary. "No fueling zones·
shall be designated on
construction plans.
• No species on the Cal-l PC
"Invasive Plant Inventory" list shall
be included in the project
landscaping plans.
• The biological monitor shall
inspect landscaping elements
proposed to be installed within the
Master Plan for the presence of
Argentine ants. Any landscaping
containing Argentine ants shall be
rejected from being installed
within the Master Plan area.
• All exterior lighting adjacent to
preserved habitat shall be of the
lowest illumination allowed for
human safety, selectively placed,
shielded, and directed away from
preserved habitat to the maximum
extent practicable.
• All planning areas adjacent to
preserved habitat shall have non-
reflective windows to minimize
bird strike issues.
Cultural Resources
CR-1 Prior to initiating any grading or
construction activities, temporary
construction fencing shall be erected
around Locus 1 at site SDI-5651 . The
limits of fencing shall be established in
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to initiating any grading or construction
grading or activities, the City will ensure that temporary
construction construction fencing shall be erected around
Locus 1 at site SDI-5651. The location of
fencing will be established in consultation with
MMRP-24
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
consultation with an archaeological
monitor, and the archaeological monitor
shall verify the location of the fencing in
relation to Locus 1 in the field. Erecting
fencing around Locus 1 will ensure no
disturbance to the area occurs during
earth work activities.
CR-2 The project shall comply with all
requirements and objectives of the
existing Final Falls Management Plan for
the El Saito Falls approved in 2010. The
Final Falls Management Plan requires
specific measures to be implemented to
protect the El Saito Falls, which are
required for both the Quarry Reclamation
plan activities, and also to ensure the
protection of this resource as part of
development for the surrounding
property. Specific measures required of
the Plan include:
•
•
•
•
•
•
Consultation with the San Luis
Rey Band of Mission Indians
regarding any work within the
limits of the management plan
area;
Native American monitoring of all
work within the plan area;
Designation of a site manager;
Measures to prevent unlawful
entry and trespass;
Access to the El Saito Falls by
Luisel'io tribal members;
Security monitoring of the
management plan area; and
Quarry Creek Master Plan
EIR 11-02
Type Monitor
LT City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
the archaeological monitor.
Prior to and The City will verify that during construction and
during operations, the project is complying with all
construction , requirements and objectives, as listed in
and Mitigation Measure CR-2, of the existing Final
operations Falls Management Plan for the El Saito Falls
approved in 2010.
MMRP-25
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
• Guidelines for maintenance and
cleanup of the management plan
area.
The applicant shall be required to comply
with the final management plan's
provisions until and unless the plan is
superseded by a development and
management plan Any revisions or
modifications to the final falls
management plan shall continue to
implement the falls management plan
primary objectives of •
(1) Cleaning and securing the El Saito
Falls area,
(2) Ensuring protection of the falls
management area, and
(3) Minimizing the potential for urban
•
development pressures on the El
Saito Falls area. Such protective
measures may include
establishment of an environmental
buffer and a planning buffer.
These buffers shall include the
following requirements•
Environmental buffer (within 100
feet of El Saito Falls)
-Prohibit all urban uses
-Prohibit public use
-Allow naturalized and
native vegetation
restoration
-Allow trails, view areas and
ceremonial areas for use of
tribal members
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-26
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
-Install security fence at
1 00-foot mark to define the
environmental buffer area
• Planning buffer ( 100 feet to 150
feet from El Saito Falls)
-Prohibit structures
-Allow low-impact, limited
urban uses such as
parkways or public and
private streets, turn-
arounds, driveways,
parking lots, rear years,
landscaping, underground
utilities, recreation trails,
public view areas and
kiosks, passive recreational
uses, maintenance access
ways, fire management
zones, hydromodification or
water treatment basins and
zones
-Allow other similar type low
impact uses.
CR-3 The following mitigation
measures will be implemented as a result
of consultation with the San Luis Rey
Band
1. During vegetation removal, all
archaeological sites including CA-
SDI-9967, CA-SDI-17863 and Site
CA-SDI-5651 Loci 2-5 will be
brushed using brush mowers or
other equipment that does not
disturb soil to allow enhanced
surface inspection and collection.
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to As a result of consultation with the San Luis
construction Rey Band, prior to construction, the measures
identified in Mitigation Measure CR-3 will be
implemented. Evidence of a contract with
qualified archaeologists to carry out surface
inspection and collection shall be provided to
the City Planning Department.
MMRP-27
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
2. A team of archaeologists and
Native American monitor will
conduct a surface collection of all
site areas. All artifacts recovered
will be mapped using a hand-held
GPS. Surface artifacts will be
returned to the San Luis Rey band
for reburial or curation.
3. The alignment for a sewer line at
site CA-SDI-17863 will be
exposed for surface collection
using a flat edged bucket on a
backhoe prior to excavation of the
sewer.
4. All other sites will have controlled
grading performed using a rubber-
wheeled backhoe with a flat-
edged blade.
5. Notes directing this process will
become notes on the grading
plans and will be included in the
monitoring agreement The notes
will denote these areas as
"environmentally sensitive areas.·
CR-4 Prior to initiating any grading or
construction activities, the applicant shall
contract with a qualified archeologist to
conduct an archaeological monitoring
program for the Panhandle parcel and for
any previously undisturbed portions of the
Reclamation parceL The monitoring
program shall include the following:
1. Prior to implementation of the
monitoring program, a pre-
excavation agreement shall be
Quarry Creek Master Plan
EIR 11-02
Type
PC
Monitor
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to grading or construction activities, the
grading or applicant shall contract with a qualified
construction archeologist to conduct an archaeological
activities monitoring program for the Panhandle parcel
and for any previously undisturbed portions of
the Reclamation parceL The City shall verify
that the monitoring program complies with the
requirements identified in Mitigation Measure
CR-4.
MMRP-28
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
2.
3.
4.
5.
6.
Mitigation Measure
developed between the San Luis
Rey Band of Luiseno Mission
Indians, the applicant and the
Cities of Oceanside and Carlsbad.
The qualified archaeological and
Native American representative
shall attend a pregrading meeting
with contractors to explain the
requirements of the program.
An archaeologist and Native
American monitor shall be on-site
during all grading, trenching, and
other ground-disturbing activities.
If archaeological artifact deposits
or cultural features are
discovered, grading activities shall
be directed away from these
deposits to allow a determination
of potential importance. Isolates
and clearly non-significant
deposits will be minimally
documented in the field and
grading shall proceed. For any
significant artifact deposits, data
recovery shall be completed. This
will require collection of an
adequate artifact sample using
professional archaeological
collection methods.
Recovered artifactual materials
shall be cataloged and analyzed.
A report shall be completed
describing the methods and
results of the monitoring and data
recovery.
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-29
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
7. Artifacts shall be curated to
current professional repository
standards at an appropriate
curatorial facility, or the collection
may be repatriated to the San
Luis Rey Band, as specified in the
pre-excavation agreement
CR-5 A qualified paleontologist shall
monitor all grading that includes initial
cutting into any area of the project site as
the project site sits on paleontologically
sensitive late Quaternary terrace deposits
and the Tertiary Santiago Formation
deposits If any paleontological resources
are identified during these activities, the
paleontologist shall temporarily divert
construction until the significance of the
resources is ascertained.
CR-6 Paleontological monitoring shall
occur only for those undisturbed
sediments wherein fossil plant or animal
remains are found with no associated
evidence of human activity or any
archaeological context
CR-7 Paleontological monitors shall
be equipped to salvage fossils as they are
unearthed to avoid construction delays,
and to remove samples of sediments
which are likely to contain the remains of
small fossil invertebrates and vertebrates.
Monitors shall be empowered to
temporarily halt or divert equipment to
Quarry Creek Master Plan
EIR 11-02
Type
PC
PC
PC
Monitor
City of Carlsbad
Planning
Department
City of Carlsbad
Planning
Department
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
During Prior to issuance of a grading permit, the
construction developer and contractor shall both provide a
statement agreeing to comply in full with
Mitigation Measure CR-5 during construction of
the project Evidence of a contractor with a
qualified paleontologist to carry out the
monitoring shall be provided to the City
Planning Department
During construction, a qualified paleontologist
shall monitor all grading that includes initial
cutting into any area of the project site.
During Prior to issuance of a grading permit, the
construction developer and contractor shall both provide a
statement agreeing to comply in full, that
paleontological monitoring shall occur only for
those undisturbed sediments wherein fossil
plant or animal remains are found with no
associated evidence of human activity or any
archaeological context
During Prior to issuance of a grading permit, the
construction developer and contractor shall both provide a
statement agreeing to comply in full, that
paleontological monitors shall be equipped to
salvage fossils as they are unearthed to avoid
construction delays, and to remove samples of
sediments which are likely to contain the
remains of small fossil invertebrates and
MMRP-30
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
allow removal of abundant or large
specimens. Monitoring may be reduced if
the potentially fossiliferous units described
above are not present or if the
fossiliferous units present are determined
by a qualified paleontological monitor to
have low potential to contain fossil
resources.
CR-8 All recovered specimens shall
be prepared to a point of identification and
permanent preservation, including
washing of sediments to recover small
invertebrates and vertebrates.
CR-9 Specimens shall be identified
and curated into an established,
accredited, professional museum
repository with permanent retrievable
storage. The paleontologist shall have a
written repository agreement in hand prior
to the initiation of mitigation activities.
CR-10 A report shall be completed
describing the methods and results of the
monitoring and data recovery program.
CR-11 If human remains are found
during any ground disturbance associated
with project development activities,
including the archaeological test or data
recovery programs, the agency must
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PC City of Carlsbad
Planning
Department
PC City of Carlsbad
Planning
Department
PC City of Carlsbad
Planning
Department
PC City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
vertebrates.
During Prior to issuance of a grading permit, the
construction developer and contractor shall both provide a
statement agreeing to comply in full, that all
recovered specimens shall be prepared to a
point of identification and permanent
preservation, including washing of sediments to
recover small invertebrates and vertebrates
During Prior to issuance of a grading permit, the
construction developer and contractor shall both provide a
statement agreeing to comply in full, that
specimens shall be identified and curated into
an established, accredited, professional
museum repository with permanent retrievable
storage. The paleontologist shall have a written
repository agreement in hand prior to the
initiation of mitigation activities.
During Post paleontological monitoring, a qualified
construction paleontologist shall complete a report
describing the methods and results of the
monitoring and data recovery program. The
Planning Department shall verify that the report
has been submitted.
During
construction
MMRP-31
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
comply with Public Resources Code
(PRC) 5097.98.
a)
b)
c)
d)
e)
f)
The discovery location will be
protected and secured from
further disturbance.
The Archaeological Project
Manager will contact the San
Diego County Medical Examiner.
If the remains are determined by
the Medical Examiner or an
authorized representative to be
Native American, the Medical
Examiner will contact the NAHC.
The NAHC will designate and
contact the Most Likely
Descendant (MLD).
The property owner will provide
the MLD with access to the
discovery location, which will have
been protected from damage.
The MLD will make a
recommendation for treatment of
the remains within 48 hours.
Possible options for treatment
include:
i) Preservation in place and
avoidance.
ii) Removal by a qualified
archaeologist Analysis by
an osteologist or physical
anthropologist may or may
not be possible.
iii) Repatriation of the
remains to the MLD
following the Native
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-32
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
g)
h)
Mitigation Measure
American Graves
Protection and
Repatriation Act
(NAGPRA) process.
iv) Reburial of the remains on
the property.
If the MLD does not make a
recommendation within 48 hours,
or if the recommendations are not
acceptable to the property owner
following extended discussions
and mediation, the property owner
will reinter the remains and burial
items with appropriate dignity on
the property, in a location not
subject to further subsurface
disturbance. The location of
reinterment will be protected by
one of the three following
measures:
i) Record the location with
the NAHC or the SCIC.
ii) Utilize an open space or
conservation zoning
designation or easement
iii) Record a document with
San Diego County.
If multiple human remains are
found, extended discussions will
be held with the MLD. If
agreement on the treatment of
these remains is not reached,
they will be reinterred in
compliance with PRC
5097.98(e).
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-33
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
Geology and Soils
GS-1 Prior to approval of final
engineering and grading plans for each
phase of development within the project
site, the City shall verify that all
recommendations contained in the EIR-
Level Soil and Geologic Reconnaissance
(October 20, 2011) and the Preliminary
Geotechnical Investigation (May 11 , 2012)
prepared by GEOCON have been
incorporated into all final engineering and
grading plans. The City's soil engineer
and engineering geologist shall review
grading plans prior to finalization, to verify
plan compliance with the
recommendations of the report. All future
grading and construction of the project site
shall comply with the geotechnical
recommendations contained in the
geotechnical reports. These reports
identify specific measures for mitigating
geotechnical conditions on the project site,
and addresses grading, foundations, and
proper on site drainage.
City Standard Conditions of Approval
In addition to the Mitigation Measure
identified above, the project will be
required to comply with the following city
standard Conditions of Approval
• The proposed project shall comply
with the City's Excavation and
Grading Ordinance (§15.16,
Carlsbad Municipal Code)
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Type
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City of Carlsbad
Engineering
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior issuance Prior to issuance of grading permits, the City's
of grading soil engineer and engineering geologist shall
permits review grading plans prior to finalization, to
verify plan compliance with the
recommendations of the report
In addition, the City's Engineering Department
shall verify that the project complies with the
City Standard Conditions of Approvals, as listed
in Mitigation Measure GS-1.
MMRP-34
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
•
•
•
•
Mitigation Measure
Grading information shall be
submitted for review by the City
with each subdivision map.
Grading shall comply with grading
standards and manufactured
slope revegetation requirements
of the City.
All applicable federal, state, and
local permits regarding drainage
shall be obtained. Such permits
include the National Pollution
Discharge Elimination System
(NPDES) permit from the
Regional Water Quality Control
Board.
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 the
grading plans.
All grading permits issued
authorizing grading during the
rainy season (November 16 of
any year to April14 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 shall be
designed and bonded prior to
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-35
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
approval of grading permits by the
City.
• 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.
All erosion and sedimentation control
protective measures shall be maintained
in good working order throughout 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.
Greenhouse Gas Emissions
GHG-1 Prior to issuance of a building
permit, third-party verification by a certified
Home Energy Rater (or equivalent) shall
be conducted on the proposed residential
design components The Rater shall work
with the project proponent/builder
throughout the construction process to
help determine the needed energy-saving
equipment and construction techniques;
and will conduct required on-site
diagnostic testing and inspections to
document that the home is eligible to earn
the Energy Star label or provide
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PO City of Carlsbad
Planning and
Building
Departments
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a building permit, third-party
issuance of verification by a certified Home Energy Rater
building (or equivalent) shall be conducted on the
permit proposed residential design components
The Rater will conduct required on-site
diagnostic testing and inspections to document
that the home is eligible to earn the Energy Star
label or provide documentation to the City
Building Department demonstrating that a
comparable level of energy reduction will be
provided via alternative verifiable means.
MMRP-36
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
documentation demonstrating that a
comparable level of energy reduction will
be provided via alternative verifiable
means. Additionally, residential buildings
shall provide a space for recharge of
batteries for both small (handheld) and
large (e.g., electric lawnmower or car)
equipment (laundry rooms and garages).
Hazards and Hazardous Materials
HAZ-1 Per the California RWQCB, San
Diego Region Order No , R9-2002-0342,
any project activity that encounters or
disturbs petroleum fuel contaminated soils
(FCS) shall be required to follow the
RWQCB's Waste Discharge
Requirements for the Disposal and/or
Reuse of Petroleum Fuel Contaminated
Soils in the San Diego Region, and
Monitoring and Reporting Program No.
R9-2002-0342 for the Disposal and/or
Reuse of Petroleum Fuel Contaminated
Soils in the San Diego Region. The
requirements for proper transport and
disposal of the FCS shall be included on
the grading plans and permits for the
proposed project
Additionally, the construction contractor
shall be required to follow all additional
federal, state and local regulations that
included but are not limited to the
California Water Code; California Code of
Regulations Titles 22, 23, and 27;
RWQCB Resolution No. R9-2007 -0104
Conditional Waiver No. 8,
specifically Sections 8J A and 8.11.0 and
Quarry Creek Master Plan
EIR 11-02
Type
PC
Monitor
City of Carlsbad
Planning
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to the issuance of grading permits, all
issuance of a grading plans and permits shall include the
grading permit requirements for proper transport and disposal
of the FCS. Any project activity that encounters
or disturbed petroleum fuel contaminated soils
during grading or construction activities, shall
be required to follow the RWQCB's Waste
Discharge Requirements for the Disposal
and/or Reuse of Petroleum Fuel Contaminated
Soils in the San Diego Region, and Monitoring
and Reporting Program No. R9-2002-0342 for
the Disposal and/or Reuse of Petroleum Fuel
Contaminated Soils in the San Diego Region.
MMRP-37
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
E; and 29, 40, and 49 Code of Federal
Regulations.
Hydrology and Water Quality
WQ-1 Prior to issuance of a grading
permit for any phase of the development,
the applicant shall prepare and submit for
review and approval of the Carlsbad City
Engineer, a Storm Water Pollution
Prevention Program (SWPPP) to
demonstrate that pollutants will be
controlled through compliance with the
City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP),
General Construction Stormwater Permit
(Order No. 2009-0009-DWR, NPDES
CAS000002), and the General Municipal
Stormwater Permit (Order No. R9-2007-
0001 , NPDES CAS0108758). The
applicant shall be responsible for
monitoring and maintaining the BMP
erosion control measures identified below
on a weekly basis in accordance with the
City's grading and erosion control
requirements (Municipal Code Section
15.16. et seq.). The locations of all erosion
control devices shall be noted on the
grading plans. BMPs that shall be installed
include, but are not limited to, the
following:
•
•
•
•
Silt fence, fiber rolls, or gravel bag
berms;
Check dams;
Street sweeping and vacuuming;
Storm drain inlet protection;
Quarry Creek Master Plan
EIR 11-02
Type
PO& PC
Monitor
City of Carlsbad
Engineering
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a grading permit for any
issuance of a phase of the development, the developer shall
grading permit prepare and submit for review and approval of
for any phase the Carlsbad City Engineer, a SWPPP to
of the control pollutants in compliance with the City's
development SUSMP, General Construction Stormwater
Permit, and the General Municipal Stormwater
Permit. The developer shall be responsible for
monitoring and maintain all project BMP
erosion control measures on a weekly basis.
MMRP-38
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
• Stabilized construction
entrance/exit;
• Hydroseed, soil binders, or straw
mulch;
• Containment of material delivery
and storage areas;
• Stockpile management;
• Spill prevention and control;
• Waste management for solid,
liquid, hazardous, and sanitary
waste-contaminated soil; and
• Concrete waste management.
WQ-2 Prior to the issuance of grading
permits or other approvals for any public
or private right-of-way improvements or
site development plans, the developer
shall prepare and submit for review and
approval of the Carlsbad City Engineer,
improvement plans that demonstrate that
pollutants will be controlled through
compliance with the City of Carlsbad
SUSMP and SWMP. Approval of such
plans shall be subject to a determination
by the Carlsbad City Engineer that the
proposed project has implemented an
integrated Low Impact Development (LID)
approach to meet criteria described in the
City of Carlsbad SUSMP. The proposed
project has incorporated the following LID
strategies which include site design
BMPs, source control BMPs and structural
treatment control BMPs into the project
design to the maximum extent practicable:
Quarry Creek Master Plan
EIR 11-02
Type
PO& PC
Monitor
City of Carlsbad
Engineering
Department
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of grading permits or other
issuance of a approvals for any public or private right-of-way
grading permit improvements or site development plans, the
developer shall prepare and submit for review
and approval of the City of Carlsbad City
Engineer, improvement plans that
demonstrate pollutants will be controlled
through compliance with the City of Carlsbad
SUSMP and SWMP.
MMRP-39
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
• Optimization of site layout (100-
foot vegetated buffer, 50-foot
building setback, minimizing
disturbance of natural areas);
• Minimization of directly connected
impervious areas and directing
runoff from impervious areas to
landscape where possible;
• Non-contiguous sidewalks;
• Street sweeping;
• Appropriate pest management;
• Covered trash enclosures;
• Storm drain inlet labeling;
• Incorporation of landscape and
open space areas;
• Bioretention Extended Detention
Basins; and
• High rate media filter units .
Noise
N-1 The project proponent shall
prepare a site specific noise study for
each residential lot based upon the final
site design (ie., site plan for each
residential project within the Master Plan},
building orientation, and pad elevations.
The site specific noise study shall
demonstrate that the outside noise levels
are below 60 dBA CNEL
N-2 For residential uses within PAs
R-1, R-2, R-3, and R-4 architectural
features needed to achieve the interior
noise standard shall be noted on the
building plans. A statement certifying that
Quarry Creek Master Plan
EIR 11-02
Type
PO
PO
Monitor
City of Carlsbad
Planning and
Building
Departments
City of Carlsbad
Planning and
Building
Departments
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Prior to Prior to issuance of a building permit, a site
issuance of a specific noise study for each residential lot
building permit based upon the final site design, building
orientation, and pad elevations shall be
completed and approved by the Building
Department
Prior to Prior to issuance of a building permit for
issuance of a residential projects located within PAs R-1, R-
building permit 2, R-3, and R-4, the required architectural
for residential features needed to achieve the interior noise
projects standard shall be noted on the building plans.
MMRP-40
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure Type
the required architectural features have
been incorporated into the building plans,
signed by the acoustical
analyst/acoustician shall be located on the
building plans. The architect shall also
include his registration stamp in addition
to the required signature. All noise level
reduction architectural components shall
be shown on the architectural building
plans, and shall be approved. This
measure shall be implemented prior to the
issuance of building permits for residential
projects located within PAs R-1, R-2, R-3,
and R-4 and verified by the City of
Carlsbad Building and Planning
Departments.
Transportation and Traffic
Existing plus Project -Direct Project Impacts
T-1 College Boulevard: Between
Vista Way and Plaza Drive. To mitigate
the project's direct impacts to College
Boulevard, between Vista Way and Plaza
drive, the applicant shall request that the
City of Oceanside reclassify this segment
of College Boulevard from a six-lane
Major Arterial to a six-lane Prime Arterial
However, the City of Oceanside considers
roadway reclassification infeasible. The
changes or alterations are within the
responsibility and jurisdiction of the City of
Oceanside. The City of Oceanside does
not have an adopted program to construct
roadway improvements and there does
not appear to be a program to accept
Quarry Creek Master Plan
EIR 11-02
PO
Monitor
City of
Oceanside
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
located within
PAs R-1 , R-2, The City Planning and Building Departments
R-3, and R-4 shall verify that a statement certifying that the
required architectural features have been
incorporated into the building plans and signed
by the acoustical analyst/acoustician. The
City Planning and Building Departments shall
also verify that the architect has also included
his registration stamp in addition to the
required signature.
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement No compliance action
is proposed.
MMRP-41
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
payments in lieu of construction. Due to
the fact that this impacted roadway
segment is located outside the jurisdiction
and regulatory authority of the City of
Carlsbad, these impacts are considered
significant and unmitigable.
T-2 Vista Way: Between College
Boulevard and SR-78 Westbound
Ramps. The applicant shall be
responsible for the following
improvements to this segment of Vista
Way:
• Westbound dedicated right turn
lane; and
• Lengthening the westbound left
turn lanes at College
BoulevardNista Way by restriping
the existing lanes.
These improvements would improve peak
hour operations; however, would not fully
mitigate segment impacts. The
changes/alterations are within the
responsibility and jurisdiction of the City of
Oceanside. However, the City of
Oceanside does not appear to have
adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the roadway segment is located outside
the jurisdiction and regulatory authority of
the City of Carlsbad, these impacts are
considered significant and unmitigable.
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PO City of
Oceanside
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement. No compliance action
is proposed.
MMRP-42
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure Type
Near-Term with Project-Direct Project Impacts
T-3 College Boulevard: Between
Vista Way and Plaza Drive. The project
would contribute to a deficient LOS F. The
applicant is required to pay a fair share
fee towards the reclassification of the
roadway segment.
However, the Oceanside Circulation
Update considers roadway reclassification
infeasible. The changes or alterations are
within the responsibility and jurisdiction of
the City of Oceanside. The City of
Oceanside does not appear to have
adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the subject impacted segment is located
outside the jurisdiction and regulatory
authority of the City of Carlsbad, these
impacts are considered significant and
unmitigable.
T-4 Vista Way: Between College
Boulevard and the SR-78 westbound
ramps. The project would contribute to a
deficient LOS F. The applicant shall pay a
fair share fee towards providing a
westbound dedicated right turn lane and
lengthening the westbound left turn lanes
at College BoulevardNista Way by
restriping the existing lanes.
These improvements would improve peak
hour operations; however, would not fully
mitigate segment impacts. The
Quarry Creek Master Plan
EIR 11-02
PO
PO
Monitor
City of
Oceanside
City of
Oceanside
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement. No compliance action
is proposed.
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement. No compliance action
is proposed.
MMRP-43
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
changes/alterations are within the
responsibility and jurisdiction of the City of
Oceanside. However, the City of
Oceanside does not appear to have
adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the roadway segment is located outside
the jurisdiction and regulatory authority of
the City of Carlsbad, these impacts are
considered significant and unmitigable.
Bui/dout Alternatives 1 and 2
T-5 College Boulevard: Between
Vista Way and Plaza Drive; Plaza Drive
and Marron Road; and Marron Road
and the south City limit. To mitigate
Alternative 1 and 2's impacts to College
Boulevard, the applicant shall pay fair
share fee towards reclassification of
College Boulevard from a six-lane Major
Arterial to a six-lane Prime Arterial.
However, the Oceanside Circulation
Update considers roadway reclassification
and widening infeasible. The changes or
alterations are within the responsibility and
jurisdiction of the City of Oceanside. The
City of Oceanside does not appear to
have adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the subject impacted segments are
located outside the jurisdiction and
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PD City of
Oceanside
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement. No compliance action
is proposed.
MMRP-44
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
regulatory authority of the City of
Carlsbad, these impacts are considered
significant and unmitigable.
T-6 Vista Way: Between College
Boulevard and the SR-78 westbound
ramps (applies to Alternative 2 only).
The applicant shall pay fair share fee
towards providing a westbound dedicated
right turn lane and lengthening the
westbound left turn lanes at College
BoulevardNista Way by restriping the
existing lanes.
These improvements would improve peak
hour operations; however, would not fully
mitigate segment impacts. The
changes/alterations are within the
responsibility and jurisdiction of the City of
Oceanside. However, the City of
Oceanside does not appear to have
adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the roadway segment is located outside
the jurisdiction and regulatory authority of
the City of Carlsbad, these impacts are
considered significant and unmitigable.
T-7 Boulevard/Marron Road/Lake
Boulevard. The applicant shall pay a fair
share fee towards adding a second
northbound right turn lane on College
Boulevard to eastbound Lake Boulevard.
The changes/alterations are within the
responsibility and jurisdiction of the City of
Oceanside. However, the City of
Quarry Creek Master Plan
EIR 11-02
Type Monitor
PO City of
Oceanside
PO City of
Oceanside
Mitigation Monitoring and Reporting Program
Schedule Compliance Action
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement No compliance action
is proposed.
Not Mitigation is not feasible and outside the City's
Applicable jurisdiction to implement No compliance action
is proposed.
MMRP-45
Verification of
Compliance
Initial Date Remarks
City of Carlsbad
December 2012
Mitigation Measure
Oceanside does not appear to have
adopted a program to construct such
improvements and there does not appear
to be a program to accept payments in
lieu of construction. Due to the fact that
the intersection is located outside the
jurisdiction and regulatory authority of the
City of Carlsbad, these impacts are
considered significant and unmitigable.
Utilities and Service Systems
Mitigation measures identified in Sections
5.3 Air Quality, 5.4 Biological Resources,
5.7 Greenhouse Gas Emissions, and 5.9
Hydrology and Water Quality will reduce
the impact to drainage facilities to a less
than significant level.
Quarry Creek Master Plan
EIR 11-02
Type Monitor Schedule
MMRP-46
Mitigation Monitoring and Reporting Program
Verification of
Compliance
Compliance Action Initial Date Remarks
City of Carlsbad
December 2012