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HomeMy WebLinkAbout2013-04-03; Planning Commission; Resolution 6955 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 ADOPTION OF A NEGATIVE DECLARATION TO SUBDIVIDE 6.2 NET ACRES INTO 8 LOTS AND TO ADD 47 UNITS TO AN APPROVED 80 UNIT APARTMENT PROJECT (SDP 01-10) TO DEVELOP A TOTAL OF 127 APARTMENT UNITS WITHIN THE SAME DEVELOPMENT FOOTPRINT LOCATED EAST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD AND SOUTH OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15 CASE NAME: ENCINAS CREEK APARTMENT HOMES CASE NO.: CT 11-03/PUD 12-03/SDP 01-10(A) WHEREAS, Holly Springs LTD., “Owner and Developer,” has filed a verified application with the City of Carlsbad regarding property described as Parcel D of Certificate of Compliance recorded March 27, 2007, as File No. 2007-0205875, official records, being those portions of Lots “E” and “B” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County on November 16, 1896 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on April 3, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 6955 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit "ND," according to Exhibits ''Notice of Intent (NOI)," and "Environmental Impact Assessment Form -Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: Findings: I. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 3, 2013, by the following vote, to wit: I~ AYES: NOES: ABSENT: Chairperson Siekmann, L'Heureux, Montgomery, Schumacher, Scully, and Segall Black 25 KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION 26 27 28 DONNEU City Planner PC RESO NO. 6955 -2- NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: Encinas Creek Apartment Homes CASE NO: CT 11-03/ PUD 12-03/ SDP 01-10A PROJECT LOCATION: 1,800 feet east of the intersection of College Boulevard and Cannon Road and on the northeast side of the intersection of the future extension of College Boulevard (Reach A) and future “C” Street of the Cantarini Ranch/Holly Springs subdivision PROJECT DESCRIPTION: An 8-lot Tentative Tract Map (CT) and Planned Development Permit (PUD), and a Site Development Plan Amendment to add 47 apartment units within two additional buildings to a previously approved 80 unit apartment project within the same 7.52 acre development footprint. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Christer Westman in the Planning Division at (760) 602-4614. PUBLIC REVIEW PERIOD February 1, 2013 - February 21, 2013 PUBLISH DATE February 1, 2013 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: CT 11-03/SDP 01-10(A)/PUD 12-03 DATE: 01/23/13 1. CASE NAME: ENCINAS CREEK APARTMENT HOMES 2. LEAD AGENCY: City of Carlsbad Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 3. CONTACT PERSON: 4. PHONE NUMBER: Christer Westman (760) 602-4614 5. PROJECT LOCATION: North side of future College Blvd. Reach A, approximately 1200 feet south of the intersection with Cannon Road. APN 168-050-68 and 168-050-59. 6. PROJECT APPLICANT/PROJECT SPONSOR’S NAME AND ADDRESS: Holly Springs, LLC P.O. Box 2484 Carlsbad, CA 92018 7. GENERAL PLAN DESIGNATION: RMH 8. ZONING: RD-M 9. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Project Description The subject project involves an amendment to an existing Site Development Plan (SDP), including “standards modifications” to an apartment project which has previously been approved by the City of Carlsbad. The project applicant also is proposing a Tentative Tract Map (CT) to place the individual buildings on separate lots (for financing purposes), and a Planned Development Permit (PUD), which is required due to the proposed configuration of the proposed lots. The property was previously approved for 80 apartment units. The proposed project involves the development of 127 units, which is a 47 unit increase. The increase in units necessitates a modification of the site and building layout, which is reflected in the SDP amendment. The project also results in an increase in the number of units affordable to low-income households. 63 apartment units will be rent-restricted to low income affordability rates no higher than 80% of the area median income ("AMI"). Encinas Creek Apartment Homes CT 11-03/SDP 01-10(A)/PUD 12-03 2 The subject project is located on a 7.52 acre property located at the northeast side of the intersection of future College Boulevard (Reach A) and future “C” Street, on the Cantarini Ranch/Holly Springs subdivision, in Carlsbad. The project will be developed with six multi-family buildings, up to 41 feet 9 inches in vertical height. The property is accessed off of two entrance points on “C” Street. The internal vehicular circulation system encircles the buildings and provides convenient access to the apartment units and to the surface parking spaces for residents and guests. The project will be accessed via future College Boulevard Reach A. College Boulevard Reach A is a major arterial, which has undergone CEQA review and has been permitted separately. Upon completion of this roadway, the project will possess access to both El Camino Real in the south, and Cannon Road and College Boulevard (Reach B) in the north. The rectangular-shaped buildings are generally three-story, with two story elements at the ends which help to break up the building mass. The buildings exhibit a contemporary craftsman architectural style, with hipped roofs covered with architectural-grade asphalt shingles. All sides of the buildings are designed with an equal amount of detailing including arched elements, wood knee braces, painted wood balcony railings, and window trim. Common recreation amenities will be provided for the residents. A total of 262 open, covered and enclosed parking spaces are provided in close proximity to all of the units. Abundant landscaping and enhanced paving accents the development at the main entrance and is carried on throughout the site. Dense landscaping is proposed around the perimeter of the site to screen parked vehicles from the surrounding public views. Walkways throughout the landscaped open space provide pedestrian connections between buildings and recreation areas and to the trail system in the adjacent open space areas. The project site has a General Plan land use designation of Residential Medium-High (RMH) and is zoned Residential Density-Multiple (RD-M). The land use and zoning designations were established as part of the Cantarini Ranch/Holly Springs development review and the site was approved for 80 units at a net density of 12.9 du/ac. The Cantarini Ranch/Holly Springs development also included an overall unit reduction in Local Facilities Management Zone 15 of 397 units which were deposited into the City’s Excess Dwelling Unit Bank (EDUB). The present proposal is for 127 units which will require a withdrawal of 47 units from the EDUB and results in a proposed project density of 20.4 du/ac. The density increase will allow the construction of sufficient market-rate units (68 units) in order to recover the costs associated with providing 63 rent-restricted units available to low income (80% AMI) households. A density equal to or greater than 20 dwelling units per acre, allows the entire project to qualify as “affordable” per the State Housing and Community Development Guidelines. The project also proposes a standards modification to allow for increased building height. Section 21.24.030 of the Carlsbad Zoning Ordinance states that building heights in the RDM Zone shall not exceed 35-feet. In order to achieve the number of units and density proposed, while maintaining an attractive and interesting architectural elevation, the buildings must be constructed at a maximum height of 41 feet 9 inches high, and the applicant requests this design accommodation pursuant to Section 21.53.120 of the Carlsbad Municipal Code (C.M.C.) Additionally, the project will provide one garage space, plus one uncovered parking space, per unit. Section 21.44.020(B) states that one-car garages provide a minimum interior width dimension of 12-feet, however, a ten foot width is proposed. Providing the additional 2-feet in garage width per unit would result in a lengthening of the buildings by 32-feet, which, due to the constrained size of the building pad, will result in the loss of several units per building and increase the cost per unit of the building. This loss of apartment units and increase in construction costs would make the project economically infeasible. Encinas Creek Apartment Homes CT 11-03/SDP 01-10(A)/PUD 12-03 3 A Tentative Subdivision Map (CT) is proposed for the project. This CT proposes eight (8) lots, and is being requested primarily for financing purposes. The lots range in size from 4,988 square feet in area (recreation building lot), to 183,730 square feet (HOA common area lot). An open space lot totaling 0.99 acres will be maintained on the north side of the project and will be the subject of a conservation easement. Earthwork proposed for the project will total 19,400 cubic yards of excavated soil, 20,070 cubic yards of fill soil, and thus will necessitate an import of 670 cubic yards of soil from offsite. No expansion of the approved development pad or footprint is proposed. No encroachment into the HMP hardline is proposed. Permits Required The project will require approval of a Site Development Plan Amendment, a Tentative Subdivision Map, and a Planned Development Permit. Environmental Setting and Surrounding Land Uses The project is located in the northeastern section of the City of Carlsbad, approximately 1.5 miles inland from the Pacific Ocean and lying north and east of El Camino Real. The site is largely covered by native chaparral vegetation. The property is within the Carlsbad Hydrologic Unit, as identified by the California Regional Water Quality Control Board. The Agua Hedionda hydrologic sub-area drains the site westerly to Agua Hedionda Lagoon. The property slopes from a high point (elev.160 ft.) at the southeastern corner of the site, to a low point (elev. 90 ft.) at the northwestern corner of the site. Surrounding land uses vary, including the Rancho Carlsbad manufactured home subdivision located west of the project, the Carlsbad Unified Sage Creek High School located north of the project, and vacant land planned for future residential and infrastructure development to the east and south. Previous Environmental Review The project site was included in a previous CEQA review for the Cantarini Ranch/Holly Springs. That Final Environmental Impact Report (EIR), was certified by the Carlsbad City Council on December 14, 2004, (EIR 02-02, State Clearinghouse #2002010181). Through the certification of the EIR, the Carlsbad City Council adopted CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The project incorporates the required Cantarini/Holly Springs FEIR mitigation measures, is subject to the remaining mitigation measures, and through the analysis of the required additional plans, reports, and studies pertaining to biological resources, geotechnical, hydrology, storm water management, and noise, a determination has been made that no additional significant impacts beyond those identified and mitigated for by the EIR will result from this project. The Cantarini/Holly Springs FEIR and additional technical studies are cited as source documents of this environmental evaluation. Therefore, this environmental document assumes that the proposed project will include design and performance features as required in the mitigation measures identified in the Certified Final Program EIR. Encinas Creek Apartment Homes CT 11-03/SDP 01-10(A)/PUD 12-03 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Noise Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems ( DETERMINATION. ( Encinas Creek Apartment Homes SDP 01-JO(A)/CT 11-03/PUD 12-03 ~ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date ~ / /-2~-/3 City Planner's Signature Date 5 Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 6 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Initial Study”, if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 7 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 8 ENVIRONMENTAL ISSUE TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The Cantarini/Holly Springs FEIR included a visual quality and landform analysis for the development of the project area. The subject property is located on gently rolling hills which range in elevation from approximately 90 feet to 160 feet above sea level. The development of the site was assessed in the Cantarini /Holly Springs FEIR and found to not result in a significant impact if mitigation was incorporated into the approvals. The project is located along a stretch of College Boulevard Reach A. College Boulevard Reach A is not identified as a scenic roadway by the City of Carlsbad. The site is visible from properties to the north and west. No identified specific scenic vista of the site exists. The proposed project will not result in any substantive aesthetic changes from the approved plan which was assessed in the Cantarini/Holly Springs FEIR and approved by the City of Carlsbad. The grading for the project building and parking lot pads will be conducted in accordance with the requirements of the Carlsbad Grading Ordinance. During construction, 19,400 cubic yards of cut and 20,070 cubic yards of fill grading earthwork is proposed. This grading will result in temporary visual changes of the project site. However, the grading limits and quantities are within the projected limits that were reviewed in the Cantarini/Holly Springs FEIR and found to be not significant or otherwise mitigated. These changes associated with grading and construction of the project will be temporary in nature. Impacts associated with views of the site will be less than significant if the mitigation measures adopted in conjunction with the certified Cantarini/Holly Springs FEIR continue to be applicable to this proposed project. The property is not within the view shed of a scenic vista, and is not visible from a designated state scenic highway. A less than significant impact is assessed. b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No Impact. No historic buildings are located in or adjacent to the area of the project. In terms of State scenic highways, only five (5) sections of highway are identified as State Scenic Highways, or candidates for designation as State Scenic Highways within San Diego County. None of these highways are located in Carlsbad. As such, none of the proposed improvements are within the view shed of an officially designated State scenic highway. As a result, no impacts would result. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The closest existing development to the project is the Rancho Carlsbad Mobile Home Park. The project, however, is not anticipated to substantially degrade the existing or developed visual character or quality Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 9 of the site or its surroundings. During construction, temporary changes of visual character of the project site would occur. These changes involve the storage and use of construction and trenching equipment, temporary signage and vehicles, and soil stockpiles in the construction staging areas. These changes would be apparent to nearby residents. However, inasmuch as these changes are temporary, impacts would be less than significant, subject to adherence with the mitigation measures included in the Certified Cantarini/Holly Springs FEIR, and the impact is considered less than significant. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The project will introduce new light and potential sources of glare on the project site. The project will, however, be required to comply with City standards regarding building, street and recreational lighting, as well as architectural design criteria. The project will include limits on street lights, pedestrian-oriented lighting, and will limit lighting adjacent to open spaces. As a result, the project will have a less than significant impact on the visual character or quality of the site and its surroundings. During construction of the proposed project, all construction activities will occur during daytime hours. As a result, no nighttime lighting for construction activities will be required for the project. Temporary security lighting may be required in the construction staging areas where construction equipment and materials would be stored; however security lighting would be shielded away from adjacent properties and directed downward, on the construction equipment and materials. For these reasons, and subject to adherence with the mitigation measures included in the Certified Cantarini/Holly Springs FEIR, impacts associated with light and glare would be less than significant. ENVIRONMENTAL ISSUE TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 10 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The California Department of Conservation Farmland Mapping and Monitoring Program compiles the Important Farmland map pursuant to the provision of Section 65570 of the California Government Code. The map associated with the Carlsbad area is the "California Department of Conservation – San Diego County Important Farmland" exhibit dated September, 2002. According to this document, the subject property does not contain land which is Farmland of Statewide Importance, Unique Farmland, and/or Farmland of Local Importance. In addition, the Cantarini/Holly Springs FEIR concludes that implementation of the approved project does not constitute a significant impact to agricultural resources and thus no mitigation was required for development of the site. No expanse or change to the development area is proposed through implementation of the proposed project. Therefore, it is concluded that no impact is assessed to Agricultural Resources. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The subject property is zoned Residential Density-Multiple (RD-M). The RD-M Zone allows multi-family land uses. The existing agricultural operations are consistent with the zoning however, because the City of Carlsbad policy does allow agriculture as an interim (non-permanent) use. No Williamson Act contracts encumber any portion of the subject property. Therefore, no impact would result from implementation of the project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. California Public Resources Code section 12220(g) defines "Forest land" as "land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits." No native trees except for willow scrub exist on the subject site. The willow scrub vegetation will not be impacted by the project. Timberland is defined in California Government Code section 51104(g) as "privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre." No evidence exists that the property presently or historically has contained forested lands or has been used for timber harvesting. As a result of these factors, it is determined that the project will not impact forest land or timber land as defined in the referenced State of California laws. d) Result in the loss of forest land or conversion of forest land to non-forest uses? No Impact. The proposed project does not impact forest land as indicated in Section II(c) above. Therefore the project will not result in the loss of forest land or conversion of forest land to non-forest uses. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 11 e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? No Impact. The subject site does not contain land which is Farmland of Statewide Importance, Unique Farmland, and/or Farmland of Local Importance, and the property is not presently being farmed. Thus, implementation of the project would not result in the conversion of the above lands to urban, non-agricultural use. No impact is assessed. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) 1994, and has been updated as recently as 2009 which was the latest update incorporating minor changes to the prior 2004 update. The RAQS is largely based on population predictions by SANDAG. Projects that produce less growth than predicted by SANDAG would generally conform to the RAQS and projects that create more growth than projected by SANDAG may create a significant impact assuming the project produces unmitigated emission generation in excess of the regional standards. Also, the project would be considered a significant impact if the project produces cumulative impacts. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 12 Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms to the RAQS which include the following: Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan, which was based on the growth projections of the Local Facilities Management Plan for Zone 15. The growth assumption for Zone 15 was greater than the project approved with the Cantarini/Holly Springs FEIR. As such, the project, which is less intense than the assumptions of the Zone 15 LFMP will in no way conflict with or obstruct implementation of the regional plan. Thus, it is concluded that the project will result in no impact to implementation of the air quality plan for the region. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact: The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2006 through December 2010 indicate that the most recent air quality violations recorded were for the state eight hour standard for ozone (a total of 18 days during the 5-year period). Long-term emissions associated with travel by residents and visitors to and from the project site have been assessed in the Certified Cantarini/Holly Springs FEIR. Motor vehicles were determined to be the primary source of air emissions associated with operation of the proposed project. The Cantarini/Holly Springs FEIR concluded that the combined pollutant emission levels from the Cantarini Ranch and Holly Springs projects (including the proposed 80 units) were projected in the Cantarini/Holly Springs FEIR to exceed the thresholds established by the SDAPCD, and thus the daily mobile source emissions associated with the project at buildout would be considered significant, and mitigation measures were adopted with the Final Cantarini/Holly Springs FEIR. The proposed project will generate 376 additional ADT from that analyzed in the Cantarini/Holly Springs FEIR. However, the project will continue to be required to comply with the mitigation measures adopted in the Cantarini/Holly Springs FEIR, and will thus result in a less than significant impact to adopted air quality standards. The project would result in short-term emissions associated with grading and construction of the improvements. These emissions would emanate primarily from construction operations associated with earthwork and excavation and construction of the project. Emissions from trucks hauling soil and gravel (export and import) would take place during the construction of the project. Approximately 19,400 cubic yards of cut and 20,070 cubic yards of fill soil will be graded, which is within the earthwork volume analyzed in the Cantarini/Holly Springs FEIR. As assessed in the Cantarini/Holly Springs FEIR, the emissions associated with this grading construction would be minimized through standard construction measures such as watering the graded areas for dust control, covering haul vehicles and trucks, replanting disturbed areas as soon as practical, restricting vehicle speeds on unpaved roads to 15 mph or less to control fugitive dust, and sweeping the streets at the end of each day if visible soil material is carried onto the streets. Therefore, subject to adherence with the air quality mitigation measures included in the Certified Cantarini/Holly Springs FEIR, impacts associated with conflict with the potential for air quality standard violations would be less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. According to the CEQA Guidelines Section 15064(h)(3), the proposed project’s incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 13 d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Sensitive receptors are defined as populations that are more susceptible to the effects of air pollution than the population at large. Sensitive receptors are defined by the San Diego Air Pollution Control District as schools, day-care centers, nursing homes, retirement homes, convalescent centers, health clinics, and hospitals. The Cantarini/Holly Springs FEIR concluded that no sensitive receptors are located within or in immediate proximity to the project site. However, it noted that the Rancho Carlsbad Mobile Home Park community, a majority of which is occupied by retired and/or elderly persons, is location to the west of the site. Also, the Dos Colinas Retirement Community project has been approved approximately 200 feet to the southwest of the subject site. However, development of the project was determined in the Certified FEIR for Dos Colinas to be considered to result in a less than significant impact to these neighboring residences. Further, the proposed project would not significantly increase the pollutant levels. Therefore the impact to sensitive receptors is assessed at less than significant impact. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. As indicated in the Certified Cantarini/Holly Springs FEIR, the construction of the proposed project could generate fumes from the use of volatile organic compounds (VOCs), which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. However, the Cantarini/Holly Springs FEIR considered this transient impact not to be significant for the Holly Springs project. Further, the increase of 376 ADT is not considered to result in a significant increase in air quality impacts to the project. Therefore, impacts resulting from the project with regard to objectionable odors would be less than significant. ENVIRONMENTAL ISSUE TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 14 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. A biological analysis, a hardline modification and mitigation measures necessary in order to offset the impacts to sensitive biology for the Cantarini Ranch/Holly Springs project and associated entitlements were adopted through the Cantarini/Holly Springs FEIR. The biological analysis concluded that the overall Cantarini Ranch/Holly Springs project would impact 26.22 acres of coastal sage scrub (CSS) vegetation. On the Encinas Creek Apartment Homes project specifically, the project would impact CSS, Southern mixed chaparral (SMC) and Disturbed (Dist) habitats. The overall Cantarini Ranch/Holly Springs Preserve totals 59.50 acres in size, of which 0.99 acres is contained on the Encinas Creek Apartments property. The proposed project does not modify the area of impact from that analyzed in the Cantarini/Holly Springs FEIR and approved by the City of Carlsbad. However, the identified impacts associated with CSS have been considered significant in the Cantarini/Holly Springs FEIR and require mitigation. As mitigation for impacts to native vegetation habitats identified in the Cantarini/Holly Springs FEIR, open space for permanent conservation is obligated to be set aside, including primarily large tracts of native and restored CSS. The limits of this set aside area are identified by a “hardline” boundary. This hardline boundary sets the outside limits of the development area, including any fire suppression thinning areas necessary for the development. This hardline boundary has been adopted as part of the CEQA analysis for the Cantarini Ranch/Holly Springs project. The proposed project does not modify this boundary in any way. The federally threatened coastal California gnatcatcher (Polioptila californica californica) and the Rufous-crowned sparrow (Aimophila reficeps canescens) occurs within the overall Cantarini Ranch/Holly Springs project preserve area, however these sensitive species have not been detected on the Encinas Creek Apartments project site. The project property occurs within the plan area of the City of Carlsbad Habitat Management Plan (HMP), which is the local Subarea Plan of the County of San Diego Multiple Habitat Conservation Plan (MHCP). As noted in the Cantarini/Holly Springs FEIR, the primary mitigation for impacts to HMP species under the HMP is the conservation and management of habitat for the species in the preserve system. The HMP requires that, “…in compliance with the Endangered Species Act impacts of incidental take be minimized and mitigated to the maximum extent practicable, measures to avoid and reduce impacts will apply citywide on a project level basis.” The Cantarini/Holly Springs FEIR adopted mitigation measures that, if implemented, would specifically minimize impacts (including indirect impacts) to gnatcatchers. Indirect impacts have the potential to occur as a result of noise generated during project construction and/or during initial clearing and grubbing within or adjacent to potentially occupied habitat. The Cantarini/Holly Springs FEIR mitigation measures include compliance with the Habitat Management Plan (HMP) policies, recording of a conservation easement over conserved habitats, long-term management of the conserved areas by a conservation entity, endowment funding of long-term management, restoration of open space Lot 53 of Tentative Map CT 00-18, temporary fencing delineation of conserved areas during construction, biological monitoring of construction activities, monitoring of CAGN habitat during construction, and payment of the necessary in-lieu mitigation fees as determined by the Carlsbad City Council. The project does not propose any changes to the HMP hardline or habitat impacts, and thus the mitigation measures identified in the Cantarini/Holly Springs FEIR continue to be appropriate measures which will be complied with for the proposed project. Thus, a less than significant impact is assessed. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 15 b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. The City of Carlsbad has adopted a Habitat Management Plan for Natural Communities (HMP) as a subarea plan of the Multiple Habitat Conservation Plan (MHCP) for the city. This HMP designates a natural habitat preserve system and provides a regulatory framework for determining impacts and designating mitigation associated with proposed development projects. The primary objective of the HMP is to allow development while identifying and maintaining a preserve system that allows for sustained existence of animals and plants at both the local and regional levels. The HMP was approved as a joint effort with the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Any modifications to this HMP necessitate consultation and concurrence from the CDFG and USFWS. As part of the HMP process for Cantarini Ranch/Holly Springs, the properties became the subject of an approved hardline, adopted by the City of Carlsbad and the agencies described above. The project does not propose any changes to the HMP hardline or habitat impacts, and thus the mitigation measures identified in the Cantarini/Holly Springs FEIR continue to be appropriate measures which will be complied with for the proposed project. Thus, a less than significant impact is assessed. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Pursuant to Section 404 of the Clean Water Act (CWA), the U.S. Army Corps of Engineers (USACE) maintains regulatory authority over jurisdictional wetlands, waters of the United States, and non-wetland waters under specifically identified conditions. The biological analysis for the Cantarini Ranch/Holly Springs project indicates an absence of federally protected wetlands or waters as defined by Section 404 of the Clean Water Act on the subject property. As a result, it is concluded that the subject project will result in no significant impacts to federally protected wetlands. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. The Encinas Creek Apartment Homes project is located within an area regulated by the City of Carlsbad HMP. This HMP establishes the policy impact and mitigation standards with regard to the requirements of the Federal and State Endangered Species Acts (ESA). This HMP requires the provision of hardline regulations within Core #3, which is in the vicinity of the subject project. This core area is identified as a connectivity line for wildlife pursuant to the HMP. The Cantarini/Holly Springs FEIR concluded that consistency with the policies of the HMP, including the provision of a hardline in a shape and form as indicated in the HMP would result in a finding of consistency with the HMP. The project analyzed in the Cantarini/Holly Springs FEIR was found to be consistent with the HMP policies as evidence by hardline documentation from the City of Carlsbad, the USFWS and CDFG, referenced in Section IV(b) above. The project does not propose any changes to the HMP hardline or habitat impacts, and thus the mitigation measures identified in the Cantarini/Holly Springs FEIR continue to be appropriate measures which will be complied with for the proposed project. Thus, a less than significant impact is assessed. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The City of Carlsbad has an adopted heritage tree preservation policy. Heritage trees are identified trees located within the city limits which are identified as having notable historic interest or trees of an unusual species or size. The project does not impact any of these identified trees. For this reason, it is concluded that no significant impact would occur to any tree preservation policy or ordinance. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 16 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact. The City of Carlsbad HMP designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. No other local, regional or state habitat conservation plans specific to this site affect the property. As referenced in Section IV(d) above, the project provides for a portion of Core #3. This link is identified as a connectivity line for wildlife pursuant to the HMP. The project however, will mitigate for impacts to vegetation communities protected by that HMP, as discussed in Section IV (a) above. The FEIR concluded that consistency with the policies of the HMP, including the provision of protected property within Core #3 in a shape and width as indicated in the HMP would result in a finding of non-interference with wildlife corridors. The project analyzed in the Cantarini/Holly Springs FEIR was found to be consistent with the HMP. The HMP contains a number of Adjacency Standards that specifically apply to projects that are located directly adjacent to sensitive habitat. A number of these Adjacency Standards are applicable to the proposed project. 1. Fire Management. Fire suppression zones are to be established where interface exists between native habitat and residences. This fire suppression program does not provide for any vegetation thinning or fire suppression activities within the hardline. 2. Erosion Control. The project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction adjacent to sensitive habitats will be protected from erosion. This will include temporary basins, silt fences, sandbags and straw mulch rolls being placed around excavated areas and pads during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will not direct any new surface drainage into Agua Hedionda Lagoon from the already existing situation. 3. Landscaping Restrictions. The Cantarini/Holly Springs FEIR included a mitigation measure which prohibits invasive plant materials in areas adjacent to sensitive habitats. Compliance with this measure will result in protection from impacts to the sensitive habitats from landscaping provided in conjunction with the project. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project will include fencing (to deter open public and pet access) and signage (to provide informational signage) requirements for all areas of protected sensitive vegetation. The Cantarini/Holly Springs FEIR included a mitigation measure which prohibits direct lighting from spillover into sensitive areas. Compliance with these measures will result in protection from impacts to the sensitive habitats from landscaping provided in conjunction with the project. 5. Predator and Exotic Species Control. Predators and exotic species will be controlled through compliance with a mitigation measure adopted in the Cantarini/Holly Springs FEIR which requires the developer to eliminate noxious plant species and fence the preserve areas so as to limit the opportunity for predator access. Compliance with these measures will result in protection from impacts to the sensitive habitats from predators and exotic species. As a result of these factors, the proposed project will maintain consistency with the HMP and will thus result in a less than significant impact to consistency with the HMP. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 17 ENVIRONMENTAL ISSUE TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi-cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. No historic structures have been identified on the subject property. As a result of the fact that no historical resources have been recorded or were identified in the vicinity of the project, no impact to historical resources will result from implementation of the project. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? Less Than Significant Impact. A record search for the Cantarini Ranch/Holly Springs project indicated no recorded sites within the project area. A field survey conduct in 1999 by RECON for the Cantarini Ranch/Holly Springs project resulted in the conclusion that no archaeological resources were noted within the project. However, a subsequent check in 2002 indicated that two prehistoric sites are located within the Cantarini Ranch/Holly Springs project area, but not on the Encinas Creek Apartments site. No prehistoric material was found on the Cantarini Ranch/Holly Springs property. As a result of these surveys and investigations, it is determined that no further significant sites under CEQA are known to exist on the site. However, CEQA Section 15064.5(f) requires provisions for identification and evaluation of accidentally discovered archaeological resources. Therefore mitigation measures have been added to the Certified Cantarini/Holly Springs FEIR which requires the developer to enter into agreements for archaeological and Native American field monitors to observe the grading activities and to have the authority to halt grading to examine prehistoric resources if they are accidentally encountered during construction activities. As a result of the above-referenced analysis and cultural testing, and subject to implementation of the mitigation measures adopted in the Cantarini/Holly Springs FEIR, the project will result in a less than significant impact to archaeological resources. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The Cantarini/Holly Springs FEIR concluded that there is the possibility of paleontological resources being present within the project area soils. A mitigation measure was adopted, which involves the review of the grading plans and full time attendance of a paleontologist during grading operations (cut excavations), with the authority to direct grading in order to salvage and curate resources, as necessary. Through the implementation of this mitigation measure, impacts to paleontological resources will be less than significant. No impacts to any unique geologic feature will result from the project. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 18 d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. A review of cultural literature and testing of sites within the area of the project concludes that no known human remains are located in the area of impact associated with the project. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on the project site, no further disturbance shall occur until the County Medical Examiner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to state regulations would be required, no mitigation would be necessary in the unlikely event that human remains were discovered during construction of the project. Thus, no impact to human remains is expected to result from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 19 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and beyond another 775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Upper Cretaceous, Tertiary and Quaternary age sedimentary rocks. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the California Geological Survey for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 4.5 miles westerly of the subject site, is made of predominately right-lateral strike-slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. The geotechnical report referenced in the Cantarini/Holly Springs FEIR concludes that based on their review of published geologic maps and historic aerial photographs, as well as their site reconnaissance and test pit excavations, that although the project site is considered to be in a seismically active area, no active faults are known to be present across the project site. The closest fault is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. Due to the lack of known active faults on the site, the potential for surface rupture at the site is considered low. Further, the project site is not within a fault-rupture hazard zone as determined in the geotechnical report, and as indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. For these reasons, project impacts would be less than significant. ii. Strong seismic ground shaking? Less Than Significant Impact. Based on a Probabilistic Seismic Hazard Assessment for California, issued by the United States Geological Survey/California Geological Survey (2003), the project is located in a zone where the horizontal peak ground acceleration having a 10 percent probability of exceedance in 50 years is 0.34g (34 percent of the acceleration of gravity). This is the seismic hazard most likely to impact the project site resulting from an earthquake. As a result of these factors, the requirements of the governing jurisdictions and applicable building codes should be considered in the project design. As indicated in the response to Issue No. VI(a)(i) above, based on a review of the referenced reports and geologic maps, as well as on a geologic field reconnaissance, the project site is not underlain by known active faults (i.e., faults that exhibit evidence of ground displacement during the last 11,000 years). The Rose Canyon Fault is the closest major fault to the project site, located approximately 7 miles to the west. The maximum credible earthquake of magnitude 6.9 could produce a peak horizontal ground acceleration of 0.31g to0.36g (site acceleration), and a maximum probability event may be on the order of 0.17g to 0.19g. This level of risk is within the Uniform Building Code (UBC) Building minimum design requirements. Thus, the geotechnical report indicates that the project site appears generally suitable for grading and development of a multifamily development from a geotechnical perspective. This report concludes that hazards associated with ground shaking during a seismic event would be minimal. As such, impacts from strong seismic ground shaking would be less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 20 iii. Seismic-related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research and historical data indicates that loose granular soils and non-plastic silts that are saturated by a relatively shallow groundwater table are susceptible to liquefaction. The geotechnical evaluation concluded that no areas of the Cantarini Ranch/Holly Springs project are expected to be susceptible to liquefaction. Thus, a less than significant impact is assessed. iv. Landslides? No Impact. The Cantarini/Holly Springs FEIR concludes that no landslides have been identified on the project site and that no significant impact as a result of landslides is anticipated on the project. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Some soils encountered within the project area have a high erosion hazard. However, the project will include appropriate BMPs, the incorporation of the geotechnical report findings, and the use of imported soils and gravel when appropriate. Temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly in accordance with City of Carlsbad requirements during the construction period. The project would have a less than significant impact on soil erosion or the loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant Impact. As discussed above in Section VI(a)(iii), the project is located in an area subject to potential earth movement as the result of a significant seismic event. This earth movement includes the potential for lateral spread of the ground surface during an earthquake. Lateral spread usually takes place along weak shear zones that have formed within a liquefiable soil layer, potentially an alluvial or colluvial layer of soil. Liquefaction and/or lateral spreading potential has been identified in the alluvial areas of the project, and will necessitate some level of remediation. As indicated in the geotechnical reports for the project, this remediation will include removal and re-compaction of alluvial soils beneath areas in which structures and utilities will be constructed. Bio-swales and Best Management Practices (BMPs) to filter onsite storm water runoff within the project to comply with code are required to clarify and filter onsite storm water during rain events and to avoid infiltration in areas which could impact foundations or utilities. The proposed project involves the modification of an approved project to increase the number of multifamily units from 80 to 127 units. All units will be located within multifamily structures at a high density. This increase in density and size of structures will not affect the Cantarini/Holly Springs FEIR conclusion that the project is not located on an unstable geologic unit or on unstable soil. Thus it is concluded that which will mitigate this impact is less than significant. d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Less Than Significant Impact. A small amount of alluvial soils may be encountered during excavation of the proposed project. Such alluvial soils are considered to range between very low to high pursuant to the definitions identified in Table 18-1-B of the UBC (1997). These soils will need to be addressed through remedial grading and specific foundation design (e.g., post tension slab design). A mitigation measure requiring such design is included in the Cantarini/Holly Springs FEIR. Project compliance with the mitigation measures articulated in the Cantarini/Holly Springs FEIR will mitigate this impact to a level of insignificance. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 21 e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The project does not include any proposed septic tanks or alternative waste water disposal systems. As a result, no impacts would occur from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS - Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significanticant Impact. Global climate change is a change in the average weather of the earth that is measured by temperature, wind patterns, precipitation, and storms over a long period of time. Global temperatures are regulated by naturally occurring atmospheric gases (referred to as greenhouse gases) such as water vapor (H2O), carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The effect that each greenhouse gas (GHG) has on climate change is measured as a combination of the volume of its emissions, and its potential for contribution to global warming. Potential for contribution to global warming is defined as the role that a gas or aerosol plays in trapping heat in the atmosphere, and is expressed as a function of how much warming would be caused by the same mass of CO2. The past 10,000 years have been marked by a period of incremental warming, as glaciers have steadily retreated across the globe. However, scientists have observed an unprecedented acceleration in the rate of warming during the past 150 years. Global climate change is a documented effect. Although the degree to which the change is caused by anthropogenic (man-made) sources is still under study, the increase in warming has coincided with the global industrial revolution, which has seen the widespread reduction of forests to accommodate urban centers, agriculture, and the use of fossil fuels – primarily the burning of coal, oil, and natural gas for energy. The majority of scientists agree that anthropogenic sources are a main, if not primary, contributor to the climate warming. Gases that absorb and re-emit infrared radiation in the atmosphere are called greenhouse gases (GHG), in reference to the fact that greenhouses retain heat. Common GHGs include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O) fluorinated gases, and ozone (O3). Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities. Emissions of CO2 are largely by-products of fossil fuel combustion, whereas CH4 result from off-gassing associated with agricultural practices and landfills. Man-made GHGs, many of which have greater heat-absorption potential than CO2, include fluorinated gases such as hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Development of the Encinas Creek Apartment Homes project would result in a net increase in CO2 and other greenhouse gas emissions due primarily to transportation, energy use and solid waste disposal from the existing situation, which is vacant, or the approved situation, which allows for 80 multifamily units. The project would increase GHG emissions by facilitating residential land uses and thereby increasing vehicle miles traveled associated with transporting people and goods to, from and within the community. Vehicular transportation is a major contributor to greenhouse gas emissions. Transportation is the direct result of population and employment growth, which generates vehicle trips to move goods, provide public services, and connect people with work, school, shopping, and other activities. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 22 Growth in vehicular travel is due in large part to urban development patterns. Over the last half century, homes have been built further from workplaces, schools have been located further from neighborhoods they serve, and other destinations, including shopping, have been isolated from where people live and work. A significant portion of development has been planned and built in a pattern that is dependent on the use of cars as the primary mode of travel. As a larger share of the built environment has become automobile dependent, vehicle trips and distances have increased, and walking and public transit use have declined. A large share of the increase can be traced to the effects of a changing built environment, namely to longer trips and people driving alone. The proposed development is considered an "infill" development, projected to be surrounded on two of four sides by urban uses, conveniently accessible to mass transit bus routes, and in close proximity to a large employment center (Carlsbad Research Center and other Carlsbad business parks). As such, the proposed project is consistent with the planning principle of encouraging higher intensity infill development within an existing urban area at transit corridor locations with bus service and employment centers. The GHG emissions from any individual project, including the Encinas Creek Apartment Homes project, do not individually generate GHG emissions sufficient to measurably influence global climate change. However, the GHG emissions from individual projects contribute to cumulative GHG emissions on a global, national, and regional scale. In light of the above factors, the GHG emissions from construction and ongoing occupancy and operation of development of the Encinas Creek Apartments represents a less than significant contribution to the impact of GHG contribution to global climate change. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. Neither CEQA nor the CEQA Guidelines prescribe thresholds of significance or particular methodologies for performing a GHG impact analysis. This is left to the lead agency's judgment and discretion, based upon factual data and guidance from regulatory agencies and other credible sources. Until such a standard is established, each lead agency is required to develop their own approach to performing an analysis for projects that generate GHG emissions. The determination of the significance of greenhouse gas emissions calls for a careful judgment by the lead agency consistent with the provisions identified in Section 15064 of the CEQA Guidelines. A lead agency must make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. While the proposed project will increase the number of residential units on the site by 47 units, the project will be consistent with the adopted plans, policies or regulations regulating the emissions of greenhouse gases. The proposed project is consistent with the City of Carlsbad General Plan (subject to the proposed density modification), the Carlsbad Zoning Ordinance, and the Carlsbad HMP. These plans are all consistent with SANDAG's Regional Comprehensive Plan (2004). The project will not violate any air quality standard or state guidelines, and as indicated above will not contribute substantially to an existing or projected air quality or greenhouse gas violation. Greenhouse gas-contributing emissions from developed-condition electricity consumption, solid waste disposal, and construction related power consumption would not be in conflict with adopted plans, policies or regulations. Thus, the project will result in no impact to these adopted plans, policies or regulations. Three types of analyses are used to determine whether the project could be in conflict with the State of California goals, including Assembly Bill 32 (AB 32) the California Global Warming Solutions Act of 2006, passed in 2006, for reducing GHG emissions. The analyses include reviews of three issue areas below: 1. The potential conflicts with the California Air Resources Board (CARB) recommended actions for reduction of GHG emissions, The proposed project does not pose any conflict with the list of CARB recommended actions for reduction of GHG. These actions are listed on the Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California, California Environmental Protection Agency Air Resources Board, October 2007, and include measures such as energy efficiency guidelines, high speed rail, green building policies, water recycling, and similar measures intended to provide long-term reduction in GHGs. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 23 2. The relative size of the project in comparison to the estimated GHG reduction goal of 174 MMT CO2e by year 2020 and in comparison to the size of major facilities that are required to report GHG emissions (25,000 metric tons of CO2e per year), and Pursuant to the proposed land use (127 units), the proposed project operational GHG emissions would not be classified as a major source of GHG emissions. Although no specific CEQA thresholds of significance have been established, however when compared to the overall state reduction goal of approximately 174,000,000 metric tons of CO2 per year, the maximum GHG emissions for the project are very small and would not conflict with the state's ability to comply with the AB 32 or other state goals. 3. The basic parameters of a project to determine whether its design is inherently energy efficient, will lead to wasteful energy use, or is neutral with regard to future energy use. The project is relatively efficient with regard to energy use as described in Section VII(a), including development of an urban infill project including high density and commercial land uses adjacent to arterial roadways, local bus access and employment proximity, convenient walking access to neighborhood shopping and other public use areas within the project, material recycling programs, protecting and enhancing the natural environment, provision of energy efficient buildings, water efficient landscaping, promoting sustainable community practices and the use of renewable resources in construction. However, the U.S. EPA and the U.S. Department of Energy recommend building homes and habitable areas to achieve Energy Star compliance. Energy Star compliant homes are at least 15% more energy efficient than homes built to the 2004 International Residential Code (IRC) and by including additional energy-saving features, a 20-30% more energy efficient home as compared to a typical standard home is plausible. These reduction methodologies could also be incorporated into commercial buildings by utilizing natural lighting, white roofs, and reducing heating and cooling requirements by providing efficient insulation in the buildings. The proposed project will be eligible to earn the Energy Star, or functional equivalent, label. Additionally, the residential buildings will provide a space for recharge of batteries for both small (handheld) and large (E.g., electric lawnmower or car) equipment (laundry rooms and garages). As a result of these factors, it is concluded that greenhouse gas emissions from the project will be less than significant, and no mitigation is required. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 24 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. The proposed project involves the development of a 127 unit multi-family apartment residential project. The project also involves the grading operations and construction activity to provide the building pad for parking lots, buildings and landscape areas. Upon completion of construction of the project, some use of hazardous cleaning products on the site will occur. Other than during the construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of cleaning substances will comply with all Federal, State and local laws regulating the management and use of such materials. Operation of the project will not result in the use of any potentially hazardous materials. A nominal amount of potentially hazardous materials (e.g., fuel, paint products, lubricants, and solvents) will be used during construction activities to develop the project. The transport, use and disposal of hazardous materials during the construction period would also be conducted in accordance with applicable State and Federal laws. Compliance with applicable laws and regulations would ensure that the impact associated with the routine transport, use or disposal of hazardous materials would be less than significant. Subject to the project's compliance with the mitigation measures adopted in the Certified Cantarini/Holly Springs FEIR, the project will result in less than significant impacts with regard to transport, use or disposal of hazardous materials. b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. As mentioned in the response to Section VII(a), the transport, use and disposal of hazardous materials during the construction period would be conducted in accordance with applicable State and Federal laws. Compliance with applicable laws and regulations would ensure that the impact associated with the routine transport, use or disposal of hazardous materials would be less than significant. As a result of these precautions and practices, the potential for release of hazardous materials onto the subject site or neighboring sites, or into the environment in general is minimal, and thus subject to implementation of the mitigation measures adopted in the Cantarini/Holly Springs FEIR, this impact is considered less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 25 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The nearest existing school to the subject project is Sage Creek High School, which is under construction at the corner of Cannon Road and College Boulevard, approximately1,800 linear feet (0.35 mi.) north of the proposed project site. This distance is in excess of one-quarter mile. Likewise, no proposed schools are within one-quarter mile of the project. Therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Less Than Significant Impact. The subject project area is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5. This code section includes federal superfund sites (NPL), state response sites, voluntary cleanup sites, school cleanup sites, and other hazardous sites. The project site is not listed on any county, State or Federal databases as a hazardous waste use or disposal site. Thus, subject to adherence with the mitigation measures adopted in the Cantarini/Holly Springs FEIR, any potential for hazardous materials on the site will be mitigated to a level of insignificance. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The McClellan-Palomar runway is approximately 4,600 feet long, in which case it is classified as a "Medium General Aviation Runway" according to The California Department of Transportation Bureau of Aeronautics. The extreme southern end of the project alignment is located 2.0 miles from the southern property line of McClellan-Palomar. Therefore the project is not located within two miles of a public airport. The project also is not located within the Safety Zones of the adopted Airport Land Use Compatibility Plan (ALUCP). Further, no part of the project is located within a Noise Compatibility Zone, per Exhibit III-1 of the ALUCP. It is concluded that no impact associated with potential hazards from McClellan-Palomar Airport is anticipated. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. No private airstrip exists in the vicinity of the subject project. As a result, no impacts would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The City of Carlsbad has adopted an Emergency Operations Plan, dated June 9, 2003. This plan addresses the City of Carlsbad’s planned response to extraordinary emergency situations associated with natural disasters, human events, and technological incidents, including both peacetime and wartime nuclear defense operations. It provides an overview of operational concepts and identifies components of the City’s Emergency Management Organization. The plan provides procedures to respond to a variety of emergency situations such as an earthquake, tsunami, liquefaction, landslide transportation accident, plane crash, hazardous materials incident, flood, severe weather, dam failure, wildland or urban fire, drought, energy shortage, nuclear power plant evacuation, civil unrest, workplace and school violence, or terrorism. The project would add residents on a currently vacant parcel with the development of structures and urban infrastructure. The project is located in proximity to future College Boulevard Reach A, which is designated as a future emergency evacuation route under the City's Emergency Operations Plan. The project will not result in any obstruction or impediments to College Boulevard. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 26 The City of Carlsbad General Plan Public Safety Element’s goals and objectives include the maintenance of close coordination between planned improvements to the circulation system within Carlsbad and the location of fire stations to ensure adequate levels of service and response times to all areas of the community, and to maintain an initial emergency travel response time of five (5) minutes. The City of Carlsbad Fire Department will provide all basic fire and emergency medical services to the subject site. The project would be served by Fire Station No. 3, located at 3701 Catalina Drive and Station No. 5, located at the Public Safety Center on Faraday Avenue, east of El Camino Real. The project site is within the five-minute response time from both of these fire stations. In addition, Fire Station No. 3 is planned to be moved to the corner of Wind Trail Road and Cannon Road, at Robertson Ranch PA 12. This location is within 3/4 mile of the project. The proposed project will not result in a significant impact to an adopted emergency response plan or emergency evacuation plan. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant Impact. Natural open space will be maintained along the northern section of the proposed project. This area contains, and will continue to contain, existing native vegetation pursuant to HMP and Cantarini/Holly Springs FEIR requirements. As a result of the fact that the project is adjacent to this natural area, the project would be susceptible to wildland fire. In accordance with the requirements of the City of Carlsbad Landscape Manual, and the City Fire Department requirements, fire fuel modification zones will be implemented adjacent to the open space edges. This fuel modification zone consists of a minimum 60-foot wide structural setback from the adjacent natural open space. The Cantarini/Holly Springs FEIR concluded that adherence to fuel modification zones would ensure the potential fire hazard for the property remains at a less than significant level. The proposed project is in compliance with this fuel modification relationship. Therefore, subject to provision of the fuel modification zones, the project will result in a less than significant impact to wildland interface. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 27 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES), the General Permit for Storm Water Discharges Associated with Construction, and other applicable portions of the federal Clean Water Act, including the Porter-Cologne Water Quality Control Act, or Section 401. Also, the City of Carlsbad has adopted a Storm Water Management and Discharge Control Ordinance. This ordinance requires that all new development and redevelopment activities comply with the City’s adopted storm water pollution protection requirements. The subject project is not exempt from Standard Urban Stormwater Management Plan (SUSMP) requirements and is considered a Priority Project, requiring Priority BMPs. The project applicant is also required to submit a Notice of Intent to the State Water Resources Control Board, prepare a Stormwater Pollution Prevention Plan (SWPPP) and implement BMPs detailed in the SWPPP to reduce construction effects and post-development effects on the downstream water bodies. Impacts to hydrology and water quality as a result of the project were analyzed in the Cantarini/Holly Springs FEIR and more recently, in the Drainage Study for Encinas Creek Apartment Homes, by O’Day Consultants, dated April 19, 2012. Mitigation measures to reduce impacts less than significant were identified in a drainage study and storm water management plan. The project developer is required to identify and implement BMPs to reduce impacts to surface water from contaminated storm water discharges. In accordance with the NPDES, the construction contractor will be required to comply with NPDES and SWPPP regarding the implementation of BMPs during construction. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. During the construction period, the project BMPs will include, but are not limited to; silt fencing the perimeter, fiber rolls or gravel bag berms for protecting slopes and channels, street sweeping and vacuuming, covering soil piles to minimize sediment transport, storm drain inlet protection, diversion of runoff including check dams and slope roughing, stabilized construction entrances and exits, hydroseeding or mulching immediately after topsoil placement, and Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 28 waste (including concrete waste) management. The developer will be responsible for the regular maintenance of such construction BMPs. The post construction phase begins when grading has been completed, slopes have been landscaped and irrigated and the storm drain system basins have been installed. During this phase, a combination of street and storm drain maintenance, waste handling and disposal, landscaping and grounds maintenance, and employee training BMPs will be implemented. The project is required to comply with the; (1) Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, (2) Standard Specifications for Public Works Construction, (3) NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board, and (4) San Diego NPDES Municipal Storm Water Permit (Order No. 2009-0009-DWQ). Compliance with these regulatory documents, including associated BMPs listed above, is articulated in the Preliminary Storm Water Management Plan for Encinas Creek Apartment Homes, by O’Day Consultants, dated April 19, 2012. Compliance with this SWMP will ensure that the project will result in a less than significant impact on water quality standards or waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The project does not propose to directly draw any groundwater, and rather it will be served via existing public water distribution lines within the public right-of-way. As indicated in the Certified Cantarini/Holly Springs FEIR, no impacts to groundwater or groundwater recharge will occur from implementation of the project. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. Development of the project will result in a change in the topographical conditions of the area and an increase in impervious surface area. A hydrology analysis and drainage study has been performed by O'Day Consultants, referenced above, which indicates that the post-construction drainage pattern will be substantively the same as the pre-construction drainage pattern. Therefore, since no change to the overall existing drainage flow patterns will result from the project, and BMPs to control erosion and siltation are being provided as part of the project, as discussed in Section VIII(a) above, it is determined that less than significant impacts would result from implementation of the project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact. As discussed in Section VIII(c) above, the project will not result in substantive alteration to existing drainage patterns, and will not substantially increase the flow rate or volume of surface runoff. Surface run-off and stormwater drainage will be collected by the proposed drainage system and will be discharged ultimately into downstream drainage routes. Therefore, as a result of these factors, and consistent with the finding of less than significant impact in the Certified Cantarini/Holly Springs FEIR, a less than significant impact is assessed. e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. The drainage study concludes that post-development runoff generated on the project site will be collected and conveyed by a proposed private storm drain system and conveyed to the existing downstream drainages. As a result, it is concluded that the project would ensure that impacts associated with the creation of runoff water remain less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 29 f) Otherwise substantially degrade water quality? Less Than Significant Impact. The project will require a standard NPDES permit. This NPDES permit will require preparation of a SWPPP to identify and implement BMPs to reduce impacts to surface water from contaminated storm water discharges. The BMPs to be implemented by the project are identified in Section VIII(a) above. Compliance with these requirements will ensure that the project would result in a less than significant impact on water quality. In addition, the proposed multifamily project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any significant increase in impervious area. Further, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill) and the project proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Thus, subject to compliance with the mitigation measures adopted in the Final Cantarini/Holly Springs FEIR and with adopted City performance and design policies for pollution control, a less than significant impact is assessed. g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? No Impact. The Encinas Creek Apartment Homes project does not propose any housing within the 100-year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or any other flood delineation map. As a result, no impact to flood hazard will result from implementation of the project. h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. The project does not propose any structures within the 100-year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. As a result of this factor, it is determined that no impacts which would impede or redirect flood flows in the 100-year flood hazard area would occur from implementation of the project. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The proposed project is not located within the inundation zone for Calavera Dam or any other flood control feature located upstream of the project as indicated in the FEIR. Further, the project does not propose the placement of any permanent structures within the 100-year flood zone. As explained herein and in Sections IX (g) and (h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As a result, no impacts would occur. j) Inundation by seiche, tsunami, or mudflow? Less Than Significant Impact. The project alignment is not situated near or immediately adjacent to an embanked water body such as a reservoir, dam or aboveground storage tank. Topographically, the lowest point on the project site is approximately 90 feet elevation, and the site is located in excess of 3 miles from the coastline. No significant potential for mudflow on the project site is anticipated. Therefore, the project has a less than significant potential impact due to seiche, tsunami or mudflow. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 30 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Physically divide an established community? No Impact. The proposed project is situated within an urbanized area, of which the surrounding uses are a large residential mobile home subdivision located to the west, residential subdivisions to the south, and a high school and the Robertson Ranch Master Plan community, including multifamily residential uses, located one half mile to the north. These properties are all community neighborhoods of the northeast quadrant of the city of Carlsbad. The proposed project will provide a multifamily residential neighborhood which will be similar to those existing in the surrounding area. Thus, the proposed project will not disrupt or divide the physical arrangement of the established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The project proposes to increase the number of apartment units from 80 to 127. The additional units will increase the scale of the project’s structures, require increased parking, and a modification to onsite amenities. Project building height is proposed up to 42 feet, which is above the standard building height limitation of 35 feet, accommodating the less costly and more efficient benefit of roof mounted heating/cooling units versus ground mounted, screening of the roof mounted equipment, and the aesthetic benefit of maintaining a roof structure that works proportionately with the building architecture. Ten foot interior garage widths are proposed versus the twelve foot width required by the Carlsbad Municipal Code (C.M.C.) Section 21.44.020. The reduction in garage width reduces the overall length of the building which in turn reduces construction costs. Construction cost savings for both contribute to the economy of providing lower income residential units and can be allowed as standards modification pursuant to C.M.C. Section 21.53.120. No offsite changes to approved plans or programs are proposed. No other substantive changes to the approved project are proposed. The Land Use Element further requires that adequate additional public facilities be provided to serve projected population increase. The project complies with these provisions by providing the necessary public facilities consistent with General Plan policies. The project is consistent with the Land Use Element, Housing Element, the Open Space and Conservation Element, the Circulation Element, and all other elements of the General Plan. The proposed increase of 47 apartment units is allowed in conformance with the existing General Plan and Zoning Ordinances. The project will not result in significant impacts to the overall objectives and provisions of these Citywide policy documents. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 31 No change to the Carlsbad Zoning Ordinance is proposed. Further, the project is not located within the Safety Zones of the adopted Airport Land Use Compatibility Plan (ALUCP). Further, no part of the project is located within a Noise Compatibility Zone, per Exhibit III-1 of the ALUCP. As a result of these factors, it is determined that the proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project, as indicated, and no impact on land use plans, policies or regulations is assessed. It is concluded that the proposed project will result in less than significant environmental impacts from incompatibility issues with adjacent existing and planned land uses. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant Impact. The City of Carlsbad HMP designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. The HMP contains strict policies to discourage destruction of sensitive habitat. The HMP natural preserve system provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. The project is situated in an urbanized area and will mitigate for impacts to sensitive habitat as indicated in Section IV(a) of this environmental analysis. The project is located within Core #3. This Core area is identified as a connectivity line for wildlife pursuant to the HMP. The project maintains this connectivity link. In addition, the project will mitigate for impacts to vegetation communities protected by that HMP. The Cantarini/Holly Springs FEIR concluded that consistency with the policies of the HMP, including the provision of Link B in a shape and width as indicated in the HMP would result in a finding of non-interference with wildlife corridors. The project analyzed in the Cantarini/Holly Springs FEIR was found to be consistent with the HMP. No change to the project's corridor is proposed. Therefore, with the implementation of the proposed mitigation measures as stated in the Cantarini/Holly Springs FEIR, any potential impacts would be less than significant. ENVIRONMENTAL IMPACTS TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XI. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? No Impact. No known or expected mineral deposits of future value to the region and the residents of the state are located within or in the immediate vicinity of the subject project. The Certified FEIR concludes that the project site is generally underlain by the sedimentary layers of the Eocene-aged Santiago Formation and undifferentiated Jurassic to Cretaceous-age metavolcanic granitic (igneous) bedrock. Human influences, recent weathering and erosion have produced engineered fill, surficial slump deposits, colluvium and Pleistocene-age terrace deposits. These soils would be expected to have a low potential for mineral resources. Alluvial deposits also underlay the valleys on the site. The materials generally consisted of light olive gray to dark brown, poorly consolidated, sands and silty sands. These alluvial soils would also be expected to have a low potential for mineral resources. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 32 Further, the Encinas Creek Apartment Homes project site does not include any area of known mineral resources as identified in the City of Carlsbad’s General Plan Update MEIR 93-01, dated March 1994, map 5.13-1. As a result of these factors, no impact to the potential for known mineral deposits that would be of future value to the region or the residents of the State is anticipated from the project. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. The subject site is not designated on the City of Carlsbad General Plan or the Zoning Ordinance, or in the Certified Cantarini/Holly Springs FEIR as a locally important mineral resource recovery site. As a result of the fact that the City has not designated the subject property as an important mineral resource recovery site in any regulatory land use document, it is determined that implementation of the proposed project will not result in the loss of availability of a locally important mineral resource recovery site. Since no adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, and the regulatory documents identified above designate the subject site as a mineral resource recovery location, it is concluded that no impacts would occur as a result of implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 33 Less Than Significant Impact. Presently, no significant noise generator is located within the vicinity of the Encinas Creek Apartment Homes project site. The McClellan-Palomar Airport is located approximately 2.0 miles to the south of the project site. No part of the project is located within a Noise Compatibility Zone, per Exhibit III-1 of the ALUCP. The Noise Element of the City of Carlsbad General Plan also identifies certain sound levels that are compatible with various land uses. The Carlsbad Noise Guidelines Manual, dated 1995, which is used to implement the Noise Element requirements, indicates that sound levels up to 60 dBA CNEL are compatible with residential land uses, except for areas impacted by the McClellan-Palomar Airport, which must be mitigated to a 65 dBA CNEL exterior noise level. According to City standards, interior noise levels for all residential units must be mitigated to a 45 dBA CNEL level when openings to the exterior of the residence are closed. If openings are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided. The Cantarini/Holly Springs FEIR disclosed that properties adjacent to the future extension of College Boulevard will be impacted by future traffic noise. Mitigation includes the installation of a noise barrier with a surface density of at least 3.5 pounds at a height of 5-6 feet along the top of slope adjacent to College Boulevard. In addition, prior to issuance of a building permit, an interior acoustical analysis shall be completed to confirm that interior noise levels will not exceed 45 - dBA The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction, except for certain very limited construction activities that do not create disturbing, excessive or offensive noise after sunset and before 7:00 AM. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dBA for more than 8 hours during any 24-hour period. Construction noise levels would diminish rapidly with distance from the project site at a rate of approximately 6 dBA per doubling of distance (70 dBA at 100 feet, etc.). The Cantarini/Holly Springs FEIR concluded that no sensitive receptors are located within or in immediate proximity to the project site. However, it noted that the Rancho Carlsbad community, a majority of which is occupied by retired and/or elderly persons, is located to the south of the site. However, development of the project was determined in the Certified Cantarini/Holly Springs FEIR to be considered to result in a less than significant impact to these neighboring residences. Further, since the certification of the FEIR, the Dos Colinas Retirement project has been approved within 200 feet of the project. Also, the Sage Creek High School is located approximately 700 feet northerly of the site. However, it is concluded that the proposed project will not result in new noise levels which will negatively affect sensitive receptors. As a result of these factors, it is determined that both operational and construction noise levels generated by the project are anticipated to comply with City of Carlsbad Draft Noise Guidelines Manual land use noise levels, the City permitted construction noise levels and hours, and County of San Diego Noise Policy standards. As a result, a less than significant impact is assessed. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Less Than Significant Impact. Construction of the project will generate temporary ground-borne vibration and noise levels typical of soil movement and hauling activities from operations of earthmoving equipment, tunneling machines and other large construction vehicles. However, these activities will be temporary in nature. As indicated in the Cantarini/Holly Springs FEIR, exposure of persons to ground-borne vibration or ground-borne noise levels associated with the project would have a less than significant impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. In accordance with the findings of the Certified Cantarini/Holly Springs FEIR, the project will not result in a substantial permanent increase in ambient noise levels in the vicinity of the project. The proposed increase in density is not expected to significantly increase the potential for additional noise. Thus, as indicated in Section XII(a), the increase in ambient noise levels from the project is considered a less than significant impact. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 34 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. As indicated in the Cantarini/Holly Springs FEIR, during construction, the project would generate temporary increases in noise levels in the immediate area of the construction activities. Construction equipment would generate noise levels from construction equipment used during the rough grading, underground utility construction, and paving activities could range from 70 dBA to 80 dBA at a distance of 50 feet from the noise source. The proposed project is located within an urbanizing area. The nearest residential units will be approximately 300-feet from the subject site, in northerly and westerly directions. The Rancho Carlsbad Mobile Home neighborhood is presently constructed, and the Sage Creek High School is under construction and is expected to be in operation prior to construction of the subject project. However, based on standard construction practices, it can be assumed that use of the construction equipment would not occur simultaneously, and the construction activities would adhere to the construction schedules and regulations as required by the City Noise Ordinance Chapter 8.48. Thus, while project construction will create temporary increases in ambient noise levels, noise would only be generated during daytime hours and any nearby residences would only be exposed to construction noise during the temporary construction period nearby any given residence. Therefore, noise generated during construction activities is not considered significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The extreme southern end of the proposed project is located 2.0 miles from McClellan Palomar Airport. The property is located outside of the Airport Influence Zone as outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), adopted January 25, 2010 and amended March 4, 2010, prepared by SANDAG. No section of the proposed project is situated within an identified Airport noise contour zone. The ALUCP also includes a Safety Policy Map. The subject project is not located in any of the identified safety hazard zones. As a result of the above factors, no restrictions are placed upon the subject use within this contour, and the project will not result in subjecting people residing or working in the project area to excessive noise. Therefore, no impact is assessed. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. No private airstrip exists in the vicinity of the subject project. As a result, no impacts will occur from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 35 a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The Encinas Creek Apartment Homes project is located within City of Carlsbad’s LFMP Zone 15, located in the northeast quadrant of the city of Carlsbad. Development of the project will contribute to indirectly inducing growth in the area, as securing the funds for construction of the College Boulevard Reach A will be a requirement of the project. No modification to the Zone 15 Local Facilities Management Plan (LFMP) assumptions, analysis or special conditions is proposed. The project will require a transfer of 47 dwelling units from the City's Excess Dwelling Unit Bank (EDUB), in accordance with the criteria for allocation contained in City Council Policy 43. Per this requirement, a total of 47 units would be allocated to the project from the EDUB. This transfer of units from the EDUB will be accomplished by the City in accordance with standard City protocol for the distribution of such units and thus the project will result in a less than significant impact to growth inducement. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. No residential units presently exist on the subject property. Thus, development of the project will not result in the elimination or displacement of any residential units. As a result of this factor, no impact associated with the removal of existing housing and the resulting replacement housing would occur as a result of implementation of the project. No impact is assessed. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. No people or houses will be displaced by implementation of the project. No residences exist within the project acreage or near the subject project. Therefore, no impacts associated with the construction of replacement housing would occur from the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 36 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Less Than Significant Impact. The project site is located within the Zone 15 LFMP area. The City of Carlsbad Fire Department will provide all basic fire and emergency medical services to Zone 15 and the subject site. The project would be served by Fire Station No. 3, located at 3701 Catalina Drive and Station No. 5, located at the Public Safety Center on Faraday Avenue, east of El Camino Real. The project site is within the five-minute response time from these fire stations. In addition, Fire Station No. 3 is planned to be moved to the corner of Wind Trail Road and Cannon Road, at Robertson Ranch PA 12. This location is within ½ mile of the project. The relocation of Fire Station No. 3 to the Wind Trail Road location will improve the response time to the subject property inasmuch as this location is closer than the existing [temporary] Catalina Drive station. Thus, a less than significant impact to municipal fire facilities will result from the proposed project. ii. Police protection? Less Than Significant Impact. The Carlsbad Police Department (CPD), located at 2560 Orion Way, services the entire city of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. As indicated in the Cantarini/Holly Springs FEIR, the combined project will result in an increase of approximately 1,436 residents, which will necessitate an increase in the need for police services. This resident increase is not significantly changed by the proposed project. Funding for police personnel comes to the Police Department from the City's General Fund. General Fund revenues are generated by a number of taxes, fees and levies, such as property taxes, sales taxes, transient occupancy taxes, vehicle license fees, development fees and other revenue sources. The conversion of undeveloped land to developed land will increase the property tax base and other taxes generated by the future owners within Cantarini/Holly Springs. This increase in taxes will increase the revenues in the General Fund, and allow for City increase in police officers and services necessary to cover the project area. Thus, a less than significant impact to municipal police protection will result from the project. iii. Schools? Less Than Significant Impact. The project is located within the Carlsbad Unified School District (CUSD). The Certified Cantarini/Holly Springs FEIR projected that the project would generate a total of 43 students (K-12) at buildout, and that such students could be accommodated either through construction of an elementary school on the site, or the payment of developer school fees in-lieu of providing a school site. The proposed addition of 47 apartment units increases the proposed student generation by 16. The same method of mitigation through the payment of school fees reduces impacts to school facilities to a level of less than significant. iv. Parks? Less Than Significant Impact. The Encinas Creek Apartments project will result in an increase of approximately 298 residents, which (based on the 3 acres per 1,000 population) results in a buildout demand of 0.89 acres, which will necessitate an increase in the need for parks. However, the City of Carlsbad has plans to fund and construct a park at nearby Robertson Ranch Planning Area 12, and other credited parks in the Northeast Quadrant. As indicated in the Cantarini/Holly Springs FEIR, the proposed payment of Park-in-Lieu fees will mitigate potential impacts to park facility services. No modification to demand or supply is proposed through implementation of the project. Thus, the impacts to park facilities are determined to be less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 37 v. Other public facilities? Less Than Significant Impact. As indicated in the project description, the proposed project increases the number of residences from that analyzed in the Certified Cantarini/Holly Springs FEIR by 47 apartment units. However, 47 apartment units will not result in any restriction in the supply of any public facilities. For these reasons, it is concluded that the project will result in less than significant impacts to the provision of or maintenance of municipal public facilities. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. The Encinas Creek Apartment Homes project will result in an increase of 47 residences over that which has already been approved for the site. These additional units will provide a new demand for recreational facilities. The project, however, will pay Park-in-Lieu fees which will mitigate the requirement of public recreational facilities construction. The project also includes a common community recreation facility within the project design, which will contribute to mitigation of this requirement. As indicated in the Cantarini/Holly Springs FEIR, provision of these facilities will mitigate potential impacts to park facility services. No modification to demand or supply is proposed through implementation of the project. Thus, the impacts to park facilities are determined to be less than significant. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact. Common recreation facilities will be provided within the proposed project. For this reason, it is concluded that no impacts to recreational facilities would occur as a result of implementation of the project. As indicated in the Cantarini/Holly Springs FEIR, these features will not result in significant impacts on the physical environment. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 38 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. The proposed Encinas Creek Apartment Homes project is projected to generate 1,016 ADT at buildout of the project per the Transportation Analysis for 127 Unit MDR Short Term Conditions Without College Boulevard Prepared by Urban Systems Associates, Inc. dated June 13, 2011. The Cantarini/Holly Springs FEIR estimated the traffic generated by the project to be 640 ADT. Therefore, the overall proposed-project ADT level is 376 ADT greater than that analyzed in the Cantarini/Holly Springs FEIR. This traffic will utilize primarily College Boulevard, Cannon Road and El Camino Real. A comparison of the ADT and traffic impacts are as follows: Traffic Generation Use ADT AM Peak Hour PM Peak Hour 80 Multifamily Units 640 51.2 70.4 127 Multifamily Units 1,016 81.2 111.7 Existing traffic (plus the proposed project) at Buildout of the community (assumed Year 2030) on impacted intersections and street segments are shown on the following tables. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 39 Year 2030 Impacted Intersections Intersection Existing Proposed AM PM AM PM Delay LOS Delay LOS Delay LOS Delay LOS ECR/Tamarack 53.7 D 51.2 D 52.2 D 52.0 D ECR/Cannon Road 52.9 D 53.1 D 53.1 D 53.3 D ECR College Boulevard 50.5 D 51.0 D 50.6 D 51.0 D College Boulevard/Cannon Road 37.0 D 36.3 D 37.1 D 36.5 D Year 2030 Impacted Street Segments Street Segment Existing Proposed Direct. Hour Volume LOS Direct. Hour Volume LOS ECR – Cannon Road to College EB AM 3,600 A EB AM 3,600 A WB PM 3,600 A WB PM 3,600 A Cannon Road – ECR to College EB AM 5,400 A EB AM 5,400 A WB PM 5,400 A WB PM 5,400 A College Blvd. – ECR to Cannon NB AM 5,400 A NB AM 5,400 A SB PM 5,400 A SB PM 5,400 A Thus, it is concluded in the Transportation Analysis for 127 Unit MDR Short Term Conditions Without College Boulevard Prepared by Urban Systems Associates, Inc. dated June 13, 2011, that while the increase in traffic from the proposed Encinas Creek Apartment Homes project may be slightly noticeable, the street systems has been designed and sized to accommodate traffic from the project and cumulative development within this area of the City of Carlsbad. As a result of the above projected levels of service, the Cantarini/Holly Springs FEIR adopted mitigation measures which mitigated the impacts to traffic congestion at these intersections to a level of less than significant. Therefore, assuming adherence with the traffic mitigation measures included in the Certified Cantarini/Holly Springs FEIR, impacts associated with conflict with the City of Carlsbad Growth Management Plan or any other adopted policies, would be less than significant. Therefore, development of the proposed apartment project, will not significantly interfere with vehicular traffic, or with mass transit and non-motorized travel and will thus be less than significant. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. A Congestion Management Program (CMP) evaluation was conducted for the Cantarini /Holly Springs FEIR, including development of 80 units on the subject site. This analysis concluded that intersections and street segments which are affected by projected traffic from the project are expected to comply with CMP level of service requirements. Also, the project's addition of traffic to the freeway system was evaluated according to Regional CMP Guidelines. Development of the original project was concluded to have less than significant direct impacts to freeway main lines and interchange intersections. The San Diego Association of Governments (SANDAG), acting as the County Congestion Management Agency, has designated three roads (Rancho Santa Fe Road, El Camino Real and Palomar Airport Road) and one highway segment (SR-78) in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad are: Regional Circulation Roadways in Carlsbad Roadway LOS Rancho Santa Fe Road A – D El Camino Real A – D Palomar Airport Road A – D SR 78 F Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 40 The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable LOS “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout of Carlsbad and surrounding communities. The buildout ADT projections above are based on the full implementation of the region’s general and community plans. The proposed project will not result in an increase of traffic generation based on the analysis provided in Section XVI(a). Thus the project will not conflict with an applicable congestion management program, including level of service standards and travel demand measures, or other traffic standards. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? No Impact. The proposed project does not include any aviation components. As a result, no impacts to air traffic would occur from the project. d) Substantially increase hazards due to a design feature or incompatible uses? No Impact. The proposed project will not include hazardous design features or incompatible uses. The project circulation improvements will be designed and constructed per City standards, and thus will not result in design hazards. Thus, no potential for safety hazards would be expected to occur. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. Two full routes of access into and out of the site are provided in the proposed design. The City of Carlsbad Traffic Control and Detour Plan identifies all existing roadway improvements, shows the location and dimensions of the construction work zone, delineates staging areas in and around the work zone as appropriate, and indicates locations of construction signs, barricades and delineators (including cones) and detours. As required by the City, this plan also indicates the duration of the construction work and traffic control, and must be approved by the City Traffic Engineer prior to beginning of construction within the roadway right-of-ways. Required compliance with this City policy is sufficient to determine that this impact is less than significant. f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact. The project complies with the City’s parking requirements to ensure an adequate parking supply. While the project is requesting a Standards Modification to allow single car garages with a width of 10’ rather than 12’, the project modification can be supported and the project otherwise complies with parking standards including the required number of spaces for the use. Further, the project will provide trail and pedestrian routes as adopted in the Citywide Trails Plan. The project will not conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 41 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVII. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Under Section 402 of the Federal Clean Water Act (CWA) the Regional Water Quality Control Board (RWQCB) issues NPDES permits to regulate discharges to “waters of the U.S.” which include rivers, lakes, and their tributary drainages. Waste discharges include discharges of storm water and construction project discharges. A construction project resulting in the disturbance in excess of one acre requires an NPDES permit. Construction project developers are also required to prepare a SWPPP plan. As a result of the fact that the project would be required to comply with the waste discharge prohibitions and water quality objectives established by the RWQCB and the City of Carlsbad (as a co-permittee), the Cantarini/Holly Springs FEIR concluded that impacts related to this issue would be less than significant. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? No Impact. The Certified Cantarini/Holly Springs FEIR concluded that overall impacts to public facilities and service systems were not significant provided that the appropriate agency conditions for development are met, including the payment of sewer impact fees and public facilities fees. The same conclusion and method of mitigation applies to the project as proposed with an additional 47 apartment units. Further, the City of Carlsbad has analyzed the sewer Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 42 requirements of the proposed project which identified the projected sewages flows resulting from proposed urbanization of the site. This analysis concludes that sufficient sewer service is available for the 127 apartment unit project. This sewer hydraulic analysis also identified onsite sewer lines required for implementation of the proposed project. As a result of these factors, no impact is assessed. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed 127 apartment unit project will be in compliance with the City of Carlsbad Master Drainage Plan. Therefore, as indicated in the Drainage Study for the project, no significant impacts will result with regard to the construction of new storm water drainage facilities. During construction, BMPs will be implemented to prevent construction-tainted runoff (containing sediments, oil, grease, etc.) into the storm drain system. The BMPs will include a variety of measures to control these pollutants, such as the use of sandbags and straw bales to block drain inlets to prevent discharge from entering the storm drain system, and other temporary protections. Once completed, the project will not increase storm water flows in the area of the project. As a result, the project will not result in the need for modification or addition of new storm water drainage facilities or expansion of existing facilities, and therefore, no impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact. The Carlsbad Municipal Water District (CMWD) evaluates the water systems within their district and formulates long range plans that will provide for future improvements. The Certified Cantarini/Holly Springs FEIR concluded that overall impacts to water supplies and service systems were in compliance with the CMWD Master Plan. Project impacts to water supplies are not significant provided that the appropriate agency conditions for development are met, including the payment of sewer impact fees and public facilities fees. The 127 apartment unit project proposes installation of these facilities including the payment of sewer impact and public facilities fees in conjunction with development. As a result, a less than significant impact is assessed. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. Once connected to the existing downstream sewer trunk line, the trunk sewer system from the Encinas Creek Apartment Homes project site to the Encina Water Pollution Control Facility (EWPCF) will be complete and functional. Major on-site trunk lines and facilities will be constructed as development occurs to ensure that conformance with the Growth Management performance standard is maintained throughout the buildout of the project. Additionally, pursuant to adopted City policy, all development is required to pay appropriate sewer connection fees. A determination has not been made by CMWD that there is insufficient capacity at the EWPCF. Therefor the 127 apartment unit project will have a less than significant impact on wastewater treatment. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The Certified Cantarini/Holly Springs FEIR concluded that the Cantarini Ranch/Holly Springs project, including the 80 apartment unit project, would be adequately served by existing landfills, which have adequate capacity. The proposed 127 apartment unit project is also anticipated to result in a less than significant contribution to the waste flow, and would be service by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. As a result of the fact that the proposed project does not result in a significant intensification of the project reviewed in the Cantarini/Holly Springs FEIR, a less than significant impact related to this issue is anticipated. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 43 g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The project will be required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991) and other applicable local, state and federal solid waste disposal standards; therefore impacts associated with this issue are less than significant. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Unless Mitigation Incorporated. The following discussion demonstrates how, with mitigation, the proposed project would result in less than significant impacts with respect to the potential for substantially degrading the quality of the environment; substantially reducing the habitat of a fish or wildlife species; causing a fish or wildlife population to drop below self-sustaining levels; threatening to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, or rare or threatened species; or eliminate important examples of major period of California history or prehistory. Potential to degrade the quality of the environment. The project would not have the potential to degrade the quality of the environment. As indicated in the foregoing environmental analysis; No Impact, a Less Than Significant Impact, or a Potentially Significant Impact Unless Mitigation Incorporated is assessed to occur for each and every environmental issue addressed as a result of implementation of the project. In cases where the impact is assessed at Potentially Significant Impact Unless Mitigation Incorporated, mitigation measures are included in the Cantarini/Holly Springs FEIR MMRP, which will minimize impacts to a level of insignificance. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 44 Substantially reduce the habitat of a fish or wildlife species, Cause a fish or wildlife population to drop below self-sustaining levels, Threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Natural habitat resources on the Encinas Creek Apartment Homes project include primarily Coastal sage scrub (CSS), Southern mixed chaparral (SMC) and Disturbed (Dist) habitats. CSS and SMC are considered sensitive habitats. The project does not propose any increase in impacts to these sensitive habitats from those approved in the 80-unit project. The project property occurs within the plan area of the City of Carlsbad Habitat Management Plan (HMP), which is the local Subarea Plan of the County of San Diego Multiple Habitat Conservation Plan (MHCP). The HMP plan is, by definition, a regional plan. As noted in the Cantarini/Holly Springs FEIR, the primary mitigation for impacts to HMP species under the HMP is the conservation and management of habitat for the species in the preserve system. The HMP requires that, “…in compliance with the Endangered Species Act requirements that the impacts of incidental take be minimized and mitigated to the maximum extent practicable, measures to avoid and reduce impacts will apply citywide on a project level basis.” The Cantarini/Holly Springs FEIR adopted mitigation measures would, if implemented, specifically minimize impacts (including indirect impacts) to gnatcatchers. Indirect impacts have the potential to occur as a result of noise generated during project construction and/or during initial clearing and grubbing within or adjacent to potentially occupied habitat. The Cantarini/Holly Springs FEIR mitigation measures include compliance with the Habitat Management Plan (HMP) policies, restoration of a separate lot in the Holly Springs subdivision, the recording of a conservation easement over conserved habitats, long-term management of the conserved areas by a conservation entity, endowment funding of long-term management, temporary fencing delineation of conserved areas during construction, and biological monitoring of construction activities. In light of the proposed project's mitigated impact on sensitive habitats, and subject to adherence with the biological mitigation measure included in the Certified Cantarini/Holly Springs FEIR, impacts associated with sensitive wildlife species identified as a candidate, sensitive or special status species or to any sensitive habitats, or wildlife in the area are determined to be less than significant as long as the mitigation measure articulated in Section IV(a) and IV(b) is adopted as part of this CEQA document and project approvals. Have the potential to substantially eliminate important examples of the major periods of California history or prehistory. The site has been entirely surveyed for cultural resources. Correspondence with the Native American Heritage Commission and the local Native American has taken place. No historic buildings or resources have been identified as a result of these efforts. As a result of the fact that no historical resources have been recorded or were identified in the vicinity of the project, no impact to historical resources will result from implementation of the project. As a result of these surveys and subsequent test investigations, it is determined that no further significant sites under CEQA are known to exist on the site. However, CEQA Section 15064.5(f) requires provisions for identification and evaluation of accidentally discovered archaeological resources. Mitigation measures are included in the Certified Cantarini/Holly Springs FEIR which require the developer to enter into agreements for archaeological and Native American field monitors to observe the grading activities and to have the authority to halt grading to examine prehistoric resources if they are accidentally encountered during construction activities. As a result of the above-referenced analysis and cultural testing, and subject to implementation of the mitigation measures adopted in the Cantarini/Holly Springs FEIR, the project will result in a less than significant impact to archaeological resources. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase the severity of other environmental impacts, even when the environmental impacts may be individually limited. The cumulative impact from several projects can be quantified as the change in the environment that results from the incremental impact of the proposed development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a particular window of time. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 45 CEQA Guidelines, Section 15130(a) and (b) states: (a) Cumulative impacts shall be discussed when the project’s incremental effect is cumulatively considerable. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project. The discussion should be guided by the standards of practicality and reasonableness. Cumulative Effects – Surrounding Development Projects: The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area and local General Plan land use policies are incorporated into SANDAG projections. Based upon these projections, region-wide standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region-wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, and development standards, have all been adopted in an effort to ensure that future urbanizing and development occurring within the City will not result in a cumulatively significant impact. This cumulative impact analysis utilizes the regional growth projections method, which assumes buildout of both local and regional general plans as well as population forecasts for San Diego County and region as a whole. In addition, a number of specific cumulative projects in the vicinity of the proposed project are included in this cumulative analysis. These cumulative projects are described below. 1. Holly Springs (Remainder) – The Holly Springs project involves the construction of 42 single-family homes on approximately 119 acres. Approximately 59 acres will be open space with an additional 20-acre open space remainder parcel. The property is located adjacent and east of the proposed Encinas Creek Apartment Homes project, east of College Boulevard Reach A, approximately 800 feet south of the intersection of College Boulevard and Cannon Road. 2. Cantarini Ranch - Cantarini Ranch is a residential development consisting of 105 single-family homes and 80 multifamily homes on 156 acres. The site is located east of College Boulevard Reach A, one-half mile south of the intersection of College Boulevard and Cannon Road, east of the Rancho Carlsbad Mobile Home Park and south of the Holly Springs property. 3. Carlsbad High School Project – The Carlsbad High School Project involves the construction of a 2,400 student high school in two phases. The project is located on the northeast corner of Cannon Road and College Boulevard. The first phase of the project is presently under construction. 4. Dos Colinas – The Dos Colinas project is a Continuing Care Retirement Community of 309 units including detached cottages, as well as independent and assisted living units, on 55.7 acres located approximately 1 mile southeast of the proposed project, on the west side of future College Boulevard Reach A. College Boulevard Reach A has not yet been constructed. 5. Robertson Ranch – The Robertson Ranch project involves the construction of a 1,154 unit mixed use development, in two separate villages, plus 175,000 square feet of commercial uses, a public park, fire station, office uses, and community facilities. The Robertson Ranch is located on 389 acres on the north side of Cannon Road, between El Camino Real and College Boulevard. 6. Carlsbad Oaks North - Carlsbad Oaks North is a 219 acre industrial park designed to include 23 industrial use lots and 3 open space lots. The project is located in eastern Carlsbad, four miles south of the Robertson Ranch project, just north of Palomar Airport Road. The Carlsbad Oaks North project site is bordered by the City of Vista on the north and east. 7. Quarry Creek – The proposed Quarry Creek project involves a total of 656 high and medium-high density residential units on 156 acres located west of the intersection of College Boulevard and Marron Road in Carlsbad. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 46 8. Legoland Hotel – Legoland Hotel California proposes to construct a 250-room resort hotel in central Carlsbad. The project is located on the north side of Palomar Airport Road between Legoland Drive and Hidden Valley Drive. 9. Westfield Mall Expansion – The Westfield Mall Expansion involves the redevelopment of an existing Regional Shopping Center. It is located on approximately 97 acres at the City’s northern boundary along the west side of El Camino Real. The project currently has 1,151,092 square feet (sf) of gross leasable area (GLA). The Project involves the demolition, reconfiguration, and/or reconstruction of approximately 179,631 GLA sf of existing square footage, and the development of up to approximately net 35,417 GLA sf, for a total of approximately 1,186,509 GLA sf of developed regional mall. 10. Palomar Commons (Lowe’s Center) - Palomar Commons (Lowe’s Center) proposes a big box regional retail building area of 185,244 square feet, located in the central area of Carlsbad. A Lowe’s home improvement store will account for 153.974 square feet, while the remaining area is proposed as general retail stores and restaurant land uses. The project is located within LFMP Zone 5 in the industrial corridor surrounding McClellan-Palomar Airport on the southwest intersection of El Camino Real and Palomar Airport Road. Cumulative Effects - Aesthetics All of the projects identified in the cumulative list, taken together, would contribute to aesthetic changes in the environment of the scenic area in and around the proposed project. These projects, when taken cumulatively, will modify the appearance of the area. Cumulative development will result in the continued alteration of the visual setting and topography of the area. Local planning policies and development standards, including specific policies related to visual resources and grading, will reduce potential aesthetic impacts of individual developments. Cumulatively, since individual development proposals will conform to the goals, policies, and recommendations of the General Plan, the cumulative impact is considered less than significant. Individual development proposals will be assessed by the City to determine consistency with the applicable development regulations and design guidelines. No significant cumulative impact to aesthetics of the area will occur as a result of the impacts from the cumulative projects. Cumulative Effects - Air Quality As a result of their long-term nature, any emissions from plant and project operations for pollutants for which the San Diego air basin is not in attainment with state and federal standards are considered to be cumulatively significant. The San Diego Air Basin is in transitional-attainment status of federal standards for 03. The Basin is either in attainment or unclassified for federal standards of CO, S02, N02, PM10, and lead. The SDAB is also in attainment of state air quality standards for all pollutants with the exception of 03 and PM10. Development forecasted for the region will generate increased emission levels from transportation and stationary sources. Potential cumulative air quality impacts will be partially reduced through implementation and achievement of emission levels identified in the Regional Air Quality Strategies (RAQS) and General Plan air quality elements of local jurisdictions. Based on the expected reductions in emissions due to implementation of these plans, vehicle emissions are anticipated to gradually decrease dependent on the type of pollutant. However, combined emissions from the project site and other developed areas in the basin are expected to continue to generate emissions associated with these developments, which have the potential to exceed threshold levels. Nonetheless, as with the proposed project, each of the cumulative projects would be required to mitigate impacts. As such, with the implementation of Mitigation Measures as described in the CEQA documents for the projects, the proposed project will not contribute significant cumulative air quality impacts beyond those which would result from the projects individually. Cumulative Effects - Biological Resources The increase in urbanization of currently vacant land will impact existing natural habitats and biological resources. The City’s HMP anticipates future development within the City, and addresses biological impacts on a cumulative level by implementing a habitat plan that will ensure preservation of important biological resources and maintenance of habitat connectivity. The various cumulative projects include substantial open space in conformance with the City’s General Plan and HMP which will ensure biological preservation within the City. Wildlife corridors will be established in accordance with HMP hardline preserve areas that will connect open space on the respective properties in order to preserve a maximum Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 47 amount of confluent habitat for local biological resources. This corridor will ultimately adjoin with the large open space areas of the Carlsbad Highlands Mitigation Bank, Calavera Heights Mitigation Site, and Lake Calavera City Mitigation Bank to the north, and with the Dawson-Los Monos Reserve to the east of the project sites. The project would contribute to the long-term cumulative enhancement of the HMP through extension of Core Area 3 though open space easements and biological conservation areas. A sliver (0.99 acres) of the northern portion of the subject project site is proposed as a biological open space conservation easement, creating a substantive contribution to the HMP. This HMP section will continue immediately north and east of the subject site to proposed open space and biological conservation areas located on the southern parcel of the Dos Colinas site and beyond. The cumulative impact to biological resources will be mitigated to a level less than significant through implementation of the HMP. The City of Carlsbad is a participant in the MHCP Program and has adopted a Habitat Management Plan (HMP) pursuant to Section 10(a) of the Federal ESA. The MHCP considers biological resource conservation on a sub-regional scale and therefore serves as an appropriate format for analysis of cumulative impacts. The City's HMP provides the local implementation guidelines for compliance with the MHCP policies. As such, the HMP provides the mitigation policy guidelines which address the effects of both individual and cumulative development. Therefore, if a project is determined to be consistent with the HMP, or in conjunction with the adoption of mitigation measures is found to be consistent with the HMP, then, by definition, its cumulative effects are not significant. The project’s compliance with the mitigation measures identified in the Certified Cantarini/Holly Springs FEIR will ensure that the impacts to biological resources are mitigated to a level less than significant. Further, the HMP provides regional mitigation for cumulative biological resource impacts. If a project is determined to be consistent with the MHCP (and the City of Carlsbad's associated subarea plan – the HMP) and it provides appropriate mitigation to ensure less than significant impacts, then its cumulative effects would by definition, be in compliance with the "take" authorizations of the HMP. Thus, as long as all cumulative projects are found to be consistent with the MHCP and the HMP, no significant cumulative effects on biological resources would result from implementation of these projects. Cumulative Effects - Cultural Resources Cumulative development is expected to impact existing cultural resources in the region. The project’s compliance with the mitigation measures identified in the Certified Cantarini/Holly Springs FEIR will ensure that the project-specific impact to significant cultural resources is mitigated to a level less than significant. On a broader scope, archaeological and cultural resources are protected through Section 15064.5 of the CEQA Guidelines, other federal and state laws, and local ordinances, including the City’s Cultural Resource Guidelines. Future cumulative development within the region would be subject to review under CEQA and compliance with federal, state, and local regulations protecting cultural resources. Impacts to cultural resources as a result of development in the region would be reduced to a level less than significant through implementation of mitigation measures on a project-by-project basis. Geologic formations within the project site have the potential to contain paleontological resources. Any earthwork involving these formations has the potential to impact paleontological resources. Mitigation will reduce the impact to paleontological resources to a level less than significant. Implementation of paleontological studies, monitoring during construction, and recovery of important fossils would reduce the cumulative impact to paleontological resources to a level less than significant. Cumulative Effects - Geology and Soils Construction of the cumulative projects identified in the cumulative projects list identified in this document will all take place in a relatively seismically active area. However, the area including the cumulative projects is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. Generally acknowledged geological information indicates that the potential for rupture resulting from earthquake is considered to be low. Construction of the proposed cumulative projects would not exacerbate any of these geotechnical hazards. Tectonic movement, which is independent of human influence, solely affects these conditions. Due to the lack of known active faults on the site, the potential for surface rupture at the site is considered low. For these reasons, project impacts would be less than significant. The potential for structural or infrastructural damage from seismic ground shaking or liquefaction will be mitigated by ensuring the projects are constructed to the 2010 California Building Code (CBC) standards for the southern California area. All projects in the cumulative projects list are subject to these standards. Construction to this standard will minimize Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 48 impacts to the project from design-basis earthquakes and be protective of life and property. More specifically, the structures and facilities associated with the cumulative projects will be designed and constructed to withstand strong earthquake- shaking as specified in the 2007 Uniform Building Code (UBC) for Seismic Zone 4. Construction to this standard will minimize impacts to the projects from ground shaking from earthquake and tremors, and will thus be protective of life and properties. Cumulative development of the properties would result in an increase in population and development that would be exposed to hazardous geological conditions. Geologic arid soils conditions are typically site specific and can be addressed through appropriate engineering practices. Cumulative impacts to geologic resources would be considered significant if the proposed project would be impacted by geologic hazards(s) and if the impact could combine with offsite geologic hazards to be cumulatively considerable. The proposed project’s incremental effects are not cumulatively considerable. Geologic conditions in the Southern California region will essentially be the same regardless of the amount of development and the cumulative geologic impact is considered less than significant. No significant cumulative impact to geology/soils will occur. Cumulative Effects - Greenhouse Gases (GHG) CEQA lead agencies must assess whether the emissions from the proposed project are "cumulatively considerable" even though the project's GHG emissions may be individually limited. Individual lead agencies may undertake a project-by-project analysis, consistent with available guidance and current CEQA practice. Even a very large individual project cannot generate enough greenhouse gas emissions to measurably influence climate change. It is a project's incremental contribution combined with the cumulative increase of all other sources of GHG that together form anthropogenic climate change impacts. However, the theory that an increase of one molecule of an air pollutant constitutes a significant increase cannot be the basis of a de-facto significance threshold. An individual project contributes to cumulative GHG emissions through construction, increased vehicular travel, and increased energy consumption. Each project can reduce its own GHG emissions through project-level review and mitigation, including energy efficiency features, green building programs, water recycling, and similar measures. However, the cumulative impact of GHG emissions, and therefore climate change, cannot be mitigated on a piecemeal, case-by-case basis. It is the regional development pattern, land use, and transportation policies that determine the cumulative impact in which a project participates. The proposed project would incrementally increase greenhouse gas emissions. However, the proposed project would minimize energy consumption, including transportation energy, water conservation and solid-waste reduction through the siting, orientation, and design of the residential units, including compliance with Energy Star requirements. The proposed 127 apartment unit project would not significantly increase density on the project site as compared to the project assessed in the Cantarini/Holly Springs FEIR. As such, the proposed project would not significantly increase the emissions from the project, and thus would be consistent with the goals of AB 32, which requires achievement by 2020 of a statewide GHG emissions limit equivalent so 1990 emissions. In addition, as with all projects in California, the proposed project would be required to be consistent with the requirements of AB 32. As a result, the proposed project would not contribute to significant cumulative greenhouse gas emissions impacts. Cumulative Effects - Hazards and Hazardous Materials The development of the projects within the cumulative projects list has the potential to result in impacts related to hazards/hazardous materials. However, these impacts, in conjunction with the mitigation measures identified in the Cantarini/Holly Springs FEIR, would be reduced to a level of less than significant. As such, the proposed project is not anticipated to contribute to a significant cumulative impact related to hazards and hazardous materials. No significant cumulative impact to hazardous materials or hazards will occur. Further, existing federal, state and local laws address the handling of hazardous materials and the transportation and use of hazardous materials. Any risk of a fire and/or explosion would be reduced through compliance with these applicable codes, regulations, and industry design/construction standards. Compliance with these laws and regulations will ensure that hazardous materials at the cumulative projects are safely managed. As a result, assuming compliance with worker safety and hazardous materials regulations, no significant impact to hazards and hazardous materials will result from the cumulative development of these projects. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 49 Cumulative Effects - Hydrology and Water Quality The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES), the General Permit for Storm Water Discharges Associated with Construction, and other applicable portions of the federal Clean Water Act, including the Porter-Cologne Water Quality Control Act, or Section 401. Also, the City of Carlsbad has adopted a Storm Water Management and Discharge Control Ordinance. This ordinance requires that all new development and redevelopment activities comply with the City’s adopted storm water pollution protection requirements. Development of cumulative projects within the cumulative projects list has the potential to increase the amount of erosion due to the alteration of drainage patterns and increased amounts of impervious surfaces. However, proposed project drainage control and hydromodification features identified in this document will ensure that the impact is less than significant. Cumulative projects will be subject to the same local. state, and federal regulations with respect to hydrology and water quality, and appropriate best management practices will be implemented to ensure no significant impact occurs. Also, improvements identified in the City’s Master Drainage Plan would adequately control hydrology within the watershed. Regional pollution control facilities, including the proposed onsite water quality facilities will ensure that there are no significant cumulative impacts associated with water quality/hydrology. The project’s compliance with the mitigation measures identified in the Certified Cantarini/Holly Springs FEIR, and the other cumulative project's compliance with mitigation measures associated with those projects, will ensure that the project-specific impact to significant cultural resources is mitigated to a level less than significant. Cumulative Effects - Land Use and Planning Cumulative impacts analysis to land use are defined as impacts that result from incremental changes in land use that would cumulatively result in substantial disruption within an established community, or cumulatively result in conflicts with adopted land use or zoning plans and policies. The project site is surrounded by a range of existing land uses (i.e., Rancho Carlsbad Mobile Home Park, Rancho Carlsbad golf course, as well as planned urban uses (i.e., Holly Springs, Cantarini Ranch, Carlsbad High School located at the northeast corner of College Boulevard and Cannon Road, Robertson Ranch, and the extension of College Boulevard Reach “A”.) Land uses in the City will significantly change during buildout of the area. Achievement of orderly growth will be dependent upon development in the future occurring in a manner consistent with the City’s General Plan, Growth Management Plan, and development regulations. Because the City has adopted these plans, and will continue to implement these plans, which will, in turn, avoid significant land use impacts, no cumulative impact will occur. The proposed development has been determined to be compatible with the existing surrounding land uses as well as approved and anticipated land uses. The previous Certified Cantarini/Holly Springs FEIR determined that no significant project impact would occur to existing land use plans and policies, including the Carlsbad General Plan, Carlsbad Habitat Management Plan, and specific regulatory and environmental documents adopted by the City. The project-level land use impact is considered less than significant. Therefore, the project will not contribute to a significant cumulative impact to land use. No significant cumulative impact to land use will occur, Cumulative land use impacts could occur if the development of the proposed project and other related planned future cumulative projects which are presently inconsistent with applicable plans and policies were to develop together. However, it is anticipated that the appropriate amendments to the land use and planning policy documents will be processed and completed prior to development of the projects. The project will not result in a significant population/housing impact. The population growth associated with the proposed project is within’ projected population levels as contemplated in the City’s Growth Management Plan, Cumulative projects would not displace people as a result of removing residential units nor will the projects add people beyond the levels contemplated in existing plans as a result of the development of new residential units. No cumulative population/housing impact is anticipated. Cumulative Effects - Noise In general, noise impacts associated with the majority of the cumulative projects identified in the cumulative impacts list are long-term effects related to traffic generated by the several planned developments. These cumulative traffic impacts generally increase over time, as buildout of the City of Carlsbad and the surrounding region nears completion. Therefore it is anticipated that as cumulative projects develop, mitigation to address their noise impacts will be employed for each project, in order to protect sensitive receptors and to comply with City policy. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 50 Construction noise of the cumulative projects is also a source of noise. Were the projects to develop cumulatively, it is not anticipated that those cumulative impacts would reach a level of significance. The time frame for construction of the proposed individual projects is generally relatively short, and it is therefore not anticipated that ambient noise levels will increase substantially beyond current levels before completion of project construction. Although specific environmental analyses for many of these cumulative projects have not been completed at the time of the ND, standard mitigation measures exist to ensure compliance with the City of Carlsbad allowable noise levels and thus to reduce noise impacts to a less-than significant level. In consideration of these requirements, it is not anticipated that the project, in conjunction with cumulative projects, would result in significant noise impacts. Cumulative Effects - Traffic and Circulation The City of Carlsbad Growth Management Plan (CMC 21.90) disallows approval of any development which is projected to result in any road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone to be projected to exceed a service level C during off- peak hours, or service level D during peak hours. Impacted means where twenty percent or more of the traffic generated by the Local Facility Management Zone will use the road segment or intersection. The determination of compliance with these Growth Management Standards is to evaluate impacted road segments and intersections that are impacted by at least 20% of the traffic projected to be generated by the Local Facilities Management Plan (LFMP) Zone in which the project(s) is located, based on the assumed phasing of development and roadway/traffic improvements. Computer travel forecasts used for the analysis of existing, short-term and long-term (assumed buildout) have been evaluated using surrounding traffic volume estimates using the SANDAG Regional Transportation Model for the City of Carlsbad, Traffic impact analyses are inherently cumulative. The cumulative impacts analysis for traffic and circulation considers the intersections and road segments to which proposed projects could contribute to a cumulative impact. Since the time frame for construction of these projects is relatively short and may or may not occur simultaneously, it is not anticipated that a substantial increase in current traffic levels resulting from cumulative development will occur prior to completion of construction of these projects. Therefore, temporary traffic impacts associated with these projects will cease prior to any substantial cumulative traffic impacts being realized on local roadways and intersections. Therefore construction-related impacts to roadways and intersections are considered to be less than significant. The proposed project traffic impacts and cumulative traffic impacts are evaluated in the North County SANDAG Series 11 Model for Years 2020 and 2030. These traffic models contain planned and existing developments land use information throughout San Diego County. In particular, the City of the Carlsbad requested that the cumulative projects listed above be included in the model runs. The following is a brief description of each cumulative project included in the model runs. In the year 2010 SANDAG run, all intersections will operate at a LOS D or better without the project in Year 2020 and would continue to operate at the same LOS with the addition of project traffic. Based on the established significance criteria no significant traffic impact is identified in Year 2020 at these intersections. Additionally, under the Year 2020 without project conditions, all street segments are expected to operate at LOS A, with the exception of southbound College Boulevard to Faraday Avenue during the AM peak hour, which is expected to operate at LOS B. With the addition of the project traffic, all street segments would continue to operate at a LOS B or better and no significant traffic impact is identified in Year 2020 at these street segments. In the year 2030 SANDAG run, all intersections included in the traffic study area are calculated to operate at LOS D or better, without the project in Year 2O30 and would continue to operate at the same LOS with the addition of the project traffic. Based on the established significance criteria, no significant project related impacts would occur. Additionally, under Year 2030 without project conditions, all of the study area street segments are expected to operate at LOS C or better. These street segments would continue to operate at LOS C or better under the Year 2030 with project conditions: therefore, no significant impacts would occur, As a result of these factors, the proposed project will not contribute to a significant cumulative impact to traffic/circulation. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 51 Cumulative Effects - Public Utilities and Service Systems Cumulative development will increase the population of the City, resulting in an increased demand on public services and utilities. However, the City of Carlsbad has established the requirements for preparation of, and amendments to, the LFMP as part of the City’s Growth Management Program in order to anticipate and prepare for this future growth and any potential strain on services. Conformance with and periodic review of the LFMP for each respective zone will ensure The adequate provision of public services and utilities, Therefore, no significant cumulative impact to public services and utilities will occur. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Potential adverse effects on the human population have been evaluated in preceding sections of this checklist. The incorporation of design measures identified in the project description, applicable City of Carlsbad policies and standards, and applicable state and federal guidelines, will ensure that no substantial adverse effects on human beings, either directly or indirectly, will result from the project. Impacts of the proposed project would be less than significant. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 52 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 53 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department. March 1994. 2. Final Environmental Impact Report for the Cantarini/Holly Springs Developments, EIR 02-02, October 2004. 3. Capital Improvement Program, City of Carlsbad, Finance Department, 2008-2013. 4. State of California CEQA Guidelines, State of California Natural Resources Agency. July 27, 2007. 5. Tentative Map and Site Development Plan Amendment for Encinas Creek Apartment Homes, O’Day Consultants, December, 2010. 6. Sewer Master Plan, City of Carlsbad, March, 2003. 7. Scenic Corridor Guidelines. City of Carlsbad. July 1, 1988. 8. Regulatory Guidance Letter, US Army Corps of Engineers, RGL 08-02. June 26, 2008. 9. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. Final Approval November, 2004. 10. California Probabilistic Seismic Hazard Assessment, United States Geological Survey. October, 2003. 11. Uniform Building Code – Volume 1 (1997); Table 18-1-B. 12. Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California, California Environmental Protection Agency Air Resources Board, October 2007. 13. Preliminary Storm Water Management Plan for Encinas Creek Apartment Homes, O’Day Consultants, April 19, 2012. 14. Drainage Study for Encinas Creek Apartment Homes, O’Day Consultants, April 19, 2012. 15. City of Carlsbad Emergency Operations Plan. June 9, 2003. 16. McClellan Palomar Airport Land Use Compatibility Plan –, Carlsbad, California. (March 4, 2010.) Approved by the San Diego County Regional Airport Authority. 17. Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through November, 2009. 18. Draft Noise Guidelines Manual, City of Carlsbad. 1998 19. San Diego County Regulatory Ordinances, San Diego County Noise Ordinance, Section 36.409-410, County of San Diego. Amended November 19, 2008. 20. LFMP Zone 15 ADT Traffic Update, prepared by Urban Systems Associates, Inc., April 18, 2012. 21. Zone 15 Local Facilites Management Plan. City of Carlsbad, October 19, 2011. 22. Carlsbad General Plan – Circulation Element, City of Carlsbad Planning Department. March, 1994. Encinas Creek Apartment Homes SDP 01-10(A)/CT 11-03/PUD 12-03 54 LIST OF MITIGATING MEASURES (IF APPLICABLE) The project site was the subject of a previous CEQA review in the Cantarini/Holly Springs Final Environmental Impact Report (FEIR), which was certified by the Carlsbad City Council on November 14, 2006. According to Section 15168 of the State CEQA Guidelines, a Program EIR is appropriate for a series of actions that can be characterized as one large project, are related geographically, and as logical parts in the chain of contemplated actions in connection with issuance of rules, regulations or plans. Thus, the FEIR is intended to be used in the review of subsequent projects within the Cantarini/Holly Springs project area. The project is in compliance with the mitigation measures adopted in the FEIR, and through the analysis of additional plans, reports, and studies pertaining to biological resources, geotechnical, hydrology, storm water management, and noise. A determination has been made that with the implementation of the FEIR mitigation measures, no additional significant impacts beyond those identified and mitigated for by the FEIR will result from this project. The FEIR mitigation measures are considered part of the project and thus it is not necessary to consider them to be mitigation measures of this Negative Declaration. NEGATIVE DECLARATION CASE NAME: Encinas Creek Apartment Homes CASE NO: CT 11-03/PUD 12-03/SDP 01-10(A) PROJECT LOCATION: N01th side of future College Boulevard. Reach A, approximately 1200 feet south of the intersection with Cannon Road. APN 168-050-68 and 168-050-59 PROJECT DESCRIPTION: An 8-lot Tentative Tract Map (CT) and Planned Development Pennit (PUD), and a Site Development Plan Amendment to add 47 aprutment units within two additional buildings to a previously approved 80 lmit aprutment project within the same 7.52 acre development footprint. DETERMINATION: The City of Cru·lsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Cru·lsbad. As a result of said review, the initial study (EIA Patt 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad fmds as follows: IZJ The proposed project COULD NOT have a significant effect on the environment. D The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standru·ds, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). D Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that ru·e imposed upon the proposed project. Therefore, nothing futt her is required. A copy of the initial study (EIA Prut 2) documenting reasons to supp01t the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED: [CLICK HERE date] . pursuant to [CLICK HERE Administrative Approval, PC/CC Resolution No., or CC Ordinance No.] ATTEST: DONNEU City Planner