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HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6936 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 19 20 21 22 23 24 25 26 27 28 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 .eLl ... ' Final EIR 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 .eLl ... ' Final EIR 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 .eLl ... ' Final EIR 11 City of Carlsbad January 2013 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 .eLl ... ' Final EIR 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 .eLl ... ' Final EIR 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 .eLl ... ' Final EIR 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." L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 18 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 19 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 20 City of Carlsbad January 2013 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 L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 21 City of Carlsbad January 2013 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 L ~"':) Quarry Creek Master Plan rL/ ... ' Final EIR 22 City of Carlsbad January 2013 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 L ~"':) Quarry Creek Master Plan .eLl ... ' Final EIR 24 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 25 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 26 City of Carlsbad January 2013 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 L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 27 City of Carlsbad January 2013 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 . L ~"':) Quarry Creek Master Plan .eLl ... ' Final EIR 28 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 29 City of Carlsbad January 2013 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 L ~"':) Quarry Creek Master Plan .eLl ... ' Final EIR 30 City of Carlsbad January 2013 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 L ~"':) Quarry Creek Master Plan .eLl ... ' Final EIR 31 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 32 City of Carlsbad 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 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. L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 34 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 35 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 39 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 40 City of Carlsbad January 2013 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 L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 41 City of Carlsbad January 2013 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). L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 42 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan .eLl ... ' Final EIR 43 City of Carlsbad January 2013 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 L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 44 City of Carlsbad January 2013 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 L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 45 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan rL/ ... ' Final EIR 46 City of Carlsbad January 2013 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 L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 47 City of Carlsbad January 2013 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. L ~"'":) Quarry Creek Master Plan .eLl ... ' Final EIR 48 City of Carlsbad January 2013 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. L ~"":) Quarry Creek Master Plan rL/ ... ' Final EIR 49 City of Carlsbad January 2013 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) 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 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