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HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70441 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 PLANNING COMMISSION RESOLUTION NO. 7044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO 1) ALLOW FOR THE DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS (INCLUDING VONS AT 7710 EL CAMINO REAL AND 7740 EL CAMINO REAL) TOTALING 45,830 SQUARE FEET WITHIN AN EXISTING 123,822 SQUARE FOOT SHOPPING CENTER (LA COSTA TOWNE CENTER); AND 2) ALLOW FOR THE CONSTRUCTION OF A SINGLE-STORY PARKING STRUCTURE AND TWO (2) MIXED-USE BUILDINGS CONSISTING OF 60 MULTIPLE-FAMILY RESIDENTIAL RENTAL UNITS AND A NET GAIN OF 3,078 SQUARE FEET OF NEW RETAIL ON A PREVIOUSLY DEVELOPED 15.24-ACRE SITE GENERALLY LOCATED ALONG THE EAST SIDE OF EL CAMINO REAL AND SOUTH OF LA COSTA AVENUE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA TOWNE CENTER CASE NO.: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 WHEREAS, Excel GIV La Costa Owner, LLC, "Owner/Developer," has filed a verified application with the City ofCarlsbad regarding property described as Parcels "B" and "D" of Parcel Map No. 10283, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on July 30,1980 as File No. 80- 240721 of official records ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum were prepared in conjunction with said project; and WHEREAS, the Planning Commission did on April 16, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and 1 „ Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and 2 "Environmental Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the following findings: 3 " 4 5 6 7 8 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for LA COSTA TOWNE CENTER - SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and g b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum has been prepared in accordance with requirements of the California 10 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 11 it reflects the independent Judgment of the Planning Commission of the City of 12 Carlsbad; and 13 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 14 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 15 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 1^ of the exaction is in rough proportionality to the impact caused by the project. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7044 1 NOTICE TO APPLICANT 2 An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village 3 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a ^ determination on the appeal prior to any Judicial review. 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of -J the City of Carlsbad, California, held on April 16, 2014, by the following vote, to wit: 3 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall and Siekmann 9 " 10 11 12 13 15 16 17 18 NOES: ABSENT: ABSTAIN: NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 19 DON NEU City Planner 20 21 22 23 24 25 26 27 28 PC RESO NO. 7044 ^ CARLSBAD CITY OF Community & Economic Development www.carisbadca.gov MITIGATED NEGATIVE DECLARATION PROJECT NAME: La Costa Towne Center PROJEa NO: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 PROJECT LOCATION: East side of El Camino Real, south ofthe intersection of El Camino Real and La Costa Avenue, addressed as 7710-7770 El Camino Real, APNs 216-124-16, -17 PROJECT DESCRIPTION: A request to allow for the demolition of two commercial buildings totaling 45,830 square feet (SF) located within an existing 123,822 SF shopping center, also known as La Costa Towne Center, and to allow for the construction of two mixed use buildings, including 60 multi-family residential units, 12 of which are proposed to be designated as inclusionary housing, and a single-story parking structure. Overall, including the demolition of the two buildings and the proposal to add two new mixed use buildings, a net gain of 3,078 SF of retail space is 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 and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial Study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: IXI 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 the attached sheet have been added to the project. I I 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 standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I I 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. A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: April 16, 2014, pursuant to Planning Commission Resolution No. 7044 ATTEST: DON NEU City Planner Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax <£ i^p-y CITY OF CARLSBAD Community 8c Economic Development www.carisbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION PROJECT NAME: LA COSTA TOWNE CENTER PROJEa NO: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 PROJEa LOCATION: East side of El Camino Real, south of the intersection of El Camino Real and La Costa Avenue, addressed as 7710-7770 El Camino Real, APNs 216-124-16, -17. PROJEa DESCRIPTION: A request to allow for the demolition of two commercial buildings totaling 45,830 square feet (SF) located within an existing 123,822 SF shopping center, also known as La Costa Towne Center, and to allow for the construction of two mixed use buildings, including 60 multi-family residential units, 12 of which are proposed to be designated as inclusionary housing, and a single-story parking structure. Overall, including the demolition of the two buildings and the proposal to add two new mixed use buildings, a net gain of 3,078 SF of retail space is proposed. 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 identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008 and is available online at: http://www.carlsbadca.gov/planning-notices.aspx. COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Written comments regarding the draft Mitigated Negative Declaration should be directed to Shannon Werneke, Associate Planner, at the address listed below or via email to Shannon.Werneke@carlsbadca.gov. Comments must be received within 20 days ofthe date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Planning Commission. Additional public notices will be issued when those public hearings are scheduled. Ifyou have any questions, please call Shannon Werneke in the Planning Division at (760) 602-4621. I PUBLIC REVIEW PERIOD December 24, 2013 - Januarv 12. 2011 Januarv 21, 2014 PUBLISH DATE December 24, 2013 Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax ^^5^ CITY OF initial Study » CARLSBAD 1. PROJECT NAME: La Costa Towne Center 2. PROJEa NO: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 3. LEAD AGENCY: 4. PROJECT APPLICANT: City of Carlsbad Excel La Costa, LLC 1635 Faraday Avenue William Stone, Geoff Sherman Carlsbad, CA 92008 17140 Bernardo Center Drive, Suite 300 San Diego, CA 92128 5. LEAD AGENCY CONTACT PERSON: Shannon Werneke, Associate Planner, City of Carlsbad (760) 602-4621, Shannon.Werneke@carlsbadca.gov 6. PROJECT LOCATION: East side of El Camino Real, south of the intersection of El Camino Real and La Costa Avenue, addressed as 7710-7770 El Camino Real, APNs 216-124-16, -17 7. GENERAL PLAN LAND USE DESIGNATION: Local Shopping Center (L) and Open Space (OS) 8. ZONING: Neighborhood Commercial, Qualified Development Overlay (C-l-Q) 9. PROJECT DESCRIPTION: A request for a Site Development Plan Amendment (SDP 78-03(D)), Site Development Plan (SDP 13- 03), Special Use Permit (SUP 13-01), Nonresidential Planned Development Permit (PUD 13-02), and Minor Subdivision (MS 13-01) to allow for the demolition of two commercial buildings totaling 45,830 square feet (SF) located within an existing 123,822 SF shopping center, also known as La Costa Towne Center, and to allow for the construction of two mixed use buildings, including 60 multi-family residential units, a parking structure, and an expansion to the parking lot. The existing shopping center is 15.24 acres (gross) in size and spans two legal parcels (APNs 216- 124-16, -17). APN 216-124-17 has frontage on La Costa Avenue to the north and El Camino Real to the west. APN 216-124-16 has frontage along El Camino Real to the west. Two parcels, which are separately owned and currently developed with office and commercial uses, are located in the shopping center but are not a part of the proposed project (APNs 216-124-15, -25). The La Costa Towne Center shopping center is anchored by a vacant Vons grocery store, as well as five one and two-story multi-tenant retail and office buildings. The properties proposed to be redeveloped are located outside of the boundaries of the coastal zone. The shopping center is located in Local Facilities Management Zone 6, has a zoning designation of Neighborhood Commercial with a Qualified Development Overlay (C-l-Q) and a General Plan Land Use designation of Local Shopping Center (L) and Open Space (OS). The proposed project entails the demolition of the existing Vons building (31,070 SF) and an additional building (14,760 SF), addressed as 7710 and 7740 El Camino Real, respectively. In place of the existing 31,070 SF Vons building, which is located on the northern third of the shopping center, a three-story, 95,078 SF mixed use building is proposed to be constructed. The first floor of the new mixed use building, comprising 35,584 SF in area, is proposed to be occupied by retail uses. The 2"'' June 2013 -1- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 and 3'^'' floors of the mixed use building will be occupied by a total of 48 multi-family units (16, one bedroom units, 6, two bedroom units, and 2, three bedroom units on each floor) ranging in size from 700 to 1,391 SF, as well as a common recreation area on the 2"'' floor. At its closest point, the building is proposed to be setback from El Camino Real approximately 36 feet. Two pedestrian access points are proposed from El Camino Real to the proposed development. Including a proposed architectural tower, the building will have a maximum height of 45 feet. A second, two-story mixed use building is proposed to be constructed southeast ofthe existing Vons building in an area which is currently occupied by surface parking and ornamental landscaping. The building will have an overall floor area of 18,320 SF and a maximum height of approximately 42 feet (including architectural tower). A total of 9,324 SF of retail area will occupy the bottom floor and 8,996 SF will occupy the second floor. A total of 12 multi-family units (8, one bedroom units and 4, two bedroom units) ranging in size from 624 to 1,001 SF are proposed on the second floor. These 12 units are proposed to satisfy the inclusionary housing requirement for the mixed use development. An open-air pedestrian bridge is proposed across the main driveway off of La Costa Avenue to link the residential uses and allow the tenants to utilize the common recreation area and access the parking. Overall, including the demolition of the two buildings and the proposal to add two new mixed use buildings, a net gain of 3,078 SF of retail space is proposed. The proposed density for 60 residential units is 22.2 dwelling units per acre (10.83 net acres x 0.25 = 2.7 acres; 60 units/2.7 acres = 22.2 dwelling units/acre). Parking for the new retail and residential uses is proposed to be provided by a combination of surface parking and a single-level parking structure, a portion of which is subterranean, with open parking on top. Overall, a total of 470 parking spaces currently exist in the shopping center and a total of 608 parking spaces are proposed. Therefore, a net gain of 138 parking spaces is proposed to accommodate the additional retail area and new multi-family residential use. The parking structure is proposed to be located adjacent to, as well as below, the proposed three-story mixed use building. Access to the parking structure will be provided by a new driveway entry proposed off of El Camino Real. In exchange, one driveway, which is located south of the new driveway and adjacent to Building 7740 (to be demolished), will be removed and replaced with parking, pedestrian access to the site from El Camino Real and landscaping. The front yard setback from El Camino Real for the parking structure and additional parking lot will be 17.5 feet and 14.5 feet, respectively. Grading for the proposed project includes a total of 54,600 cubic yards of cut for the development of the parking garage, a portion of which is below grade. As no fill is required, a total of 54,600 cubic yards is proposed to be exported from the project site. In order to allow separate ownership for the existing and proposed retail area, as well as the new residential area, a three-lot vertical parcel map is proposed. Parcel 1, which will comprise the new retail area, parking structure and surface parking is proposed to be 7.78 acres in size. Parcel 2, 7.44 acres in size, will include the existing retail/office area and surface parking. Parcel 3 is proposed to allow for the new multi-family units to be separately owned. It is proposed as a vertical parcel, above the retail area on Parcel 1, and is 1.37 acres in size. The proposed applications are summarized below. Site Development Plan Amendment, SDP 78-03(D). The existing Site Development Plan for the shopping center, SDP 78-03(C) is proposed to be amended to address the development proposal. A November, 2013 Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Site Development Plan is required for projects which are located in the Qualified Development Overlay (Q) zone. Site Development Plan. SDP 13-03. A Site Development Plan is required for the 12 inclusionary housing units proposed on-site (i.e., 20% of residential units provided). Included as a component of the Site Development Plan is a request to exceed the 35-foot-height limitation ofthe C-l zone and El Camino Real Corridor Standards pursuant to CMC Section 21.85.100. CMC Section 21.85.100 allows modifications to standards for projects which incorporate inclusionary housing. Special Use Permit. SUP 13-01. A Special Use Permit is required for projects which are located adjacent to El Camino Real, which is designated as a scenic corridor. The proposed project is located within Area 5 ofthe El Camino Real Corridor Development Standards (ECR Standards). Area 5 ofthe ECR Standards currently allow for a maximum height of 35 feet. As the project proposes a height up to 45 feet, a deviation to the standards is required and will be processed as an offset pursuant to CMC Section 21.85.100. No deviation is needed for the proposed front yard setback from El Camino Real since a 10-foot front yard setback was approved as part of the original Site Development Plan. Non-Residential Planned Development Permit, PUD 13-02. A Non-Residential Planned Development Permit is proposed for the mixture of residential and commercial units and to allow for reciprocal access and parking throughout the shopping center. Minor Subdivision, MS 13-01. The shopping center currently spans two legal parcels (APNs 216-124- 16, -17). A Minor Subdivision is proposed to allow for the property to be subdivided into three parcels. Included in this proposal, is a vertical parcel to allow for the multi-family residential uses above the floor retail uses to be separately managed and owned. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The La Costa Towne Center Shopping Center is characterized as an infill lot located within Local Facilities Management Zone 6, in the southeast quadrant of the city, approximately 2.5 miles from the Pacific Ocean and outside ofthe boundaries ofthe coastal zone. The site is bounded by La Costa Avenue, a secondary arterial road, as well as an office building to the north, two-story multi-family units to the south, one and two-story single-family uses to the east, and El Camino Real, a prime arterial road, to the west. The existing shopping center is located approximately 15-20 feet above the elevation of El Camino Real. While a majority of the developed area is flat, a large uphill perimeter slope is located along the eastern quarter of the property. The slope ranges in elevation from a high point of 180' above mean sea level (AMSL) to 80' AMSL at the base of the slope. Overhead power lines for SDG&E traverse through a 50-foot-wide easement, which is located midway up the eastern slope. The uphill perimeter slope is primarily landscaped with non-native, ornamental trees. 11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements): None 12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: Not applicable November, 2013 "O" Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 13. SUMMARY OF 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 D Agriculture & Forestry Resources • Air Quality O Biological Resources ^ Cultural Resources ^ Geology/Soils D Greenhouse Gas Emissions IE! Hazards/Hazardous Materials • Hydrology/Water Quality D Land Use & Planning D Mineral Resources M Noise D Population & Housing D Public Services • Recreation n Transportation/Traffic • Utilities & Service Systems ^ Mandatory Findings of Significance 14. PREPARATION: The Initial Study for the subject project was prepared by: ShannoniWerneke, Associate Planner Date November, 2013 -4-Initial Study La Costa Towne Center SDP 78-03{D)/SDP 13-03/SUP 13-01/PU D 13-02/MS 13-01 15. DETERMINATION! (to be completed by l.ead Agency) On the basis of this Initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ISl 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 herein have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. • I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPAa REPORT is required. • I find that the proposed project MAY have a "potentially significant !mpact{s)'' on the environment, but at least one potentially significant Impact 1) 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 herein. A Negative Declaration is required, but It must analyze only the effects that remain to be addressed. • 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 IMPAa REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPAa REPORT or NEGATIVE DECLARATION, Including revisions or mitigation measures that are Imposed upon the proposed project Therefore, nothing further is required. 16. ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the \vironmental determination. Indicated above, is hereby approved. ^RVfronmental aeter /^-20-/J DON NEU, City Planner Date 17. APPLICANT CONCURRENCE WITH MITIGATION MEASURES: This Is to certify that I have reviewed the mitigation measures in the Initial Study and concur with the addition of these measures to the project. signature . Date Nonnixr, 2019 -5- Initial Study Project Name: La Costa Towne Center Project No: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 EVALUATION OF ENVIRONMENTAL IMPAaS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites 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 (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify 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 eadier 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 Measures 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. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. Initial Study Project Name: La Costa Towne Center Project No: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 1. AESTHETICS entially ilficant impact Less than Significant with Mit. Incorporated sthan lificant Impact Impact Would the project: Z .5) O. 1/) Less than Significant with Mit. Incorporated S V) 0 z 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? • • M • a-b) No Impact. The project site is located on the east side of El Camino Real and south of the intersection of El Camino Real and La Costa Avenue. The site is currently developed with an existing 123,822 SF shopping center which is situated approximately 15-20 feet above the elevation of El Camino Real. Surrounding land uses include a shopping center and bank to the north, multi-family uses to the south, single-family uses to the east, and El Camino Real to the west. As the project is surrounded on all sides by development and is located adjacent to a major transportation corridor as well as transit stops, it is considered to be an infill lot. The proposal to demolish two existing buildings and construct two mixed use buildings as well as a single level parking structure will not have any substantially adverse effects on public scenic vistas or substantially damage scenic resources within a State scenic highway as the project is not located adjacent to a Scenic highway and the developed site does not have any scenic vistas. Therefore, no impact is anticipated. c) Less than Significant impact. The project will not substantially degrade the existing visual character or quality of the site and its surroundings in that the property is currently developed with a shopping center. Further, as the existing shopping center is currently underutilized and outdated in design, the proposal to add two new mixed use buildings is expected to revitalize the shopping center and improve the visual quality of the site. While the proposed project is located adjacent to a designated scenic corridor. El Camino Real, and is therefore subject to the El Camino Real Scenic Corridor development and design standards, the proposed mixed use buildings will not be located any closer to El Camino Real than what was previously permitted (i.e., 10 feet) pursuant to the approved Site Development Plan (SDP 78-03C). In addition, the project will incorporate extensive landscaping in the front yard setback to visually enhance its current degraded appearance. Moreover, the request to exceed the allowable 35-foot height limitation pursuant to CMC Section 21.26.030, can be permitted pursuant to CMC Section 21.53.120(B) if inclusionary housing is incorporated into the project design and findings can be made to support the increase. Given the urban context ofthe surroundings land uses, the request to construct a three-story mixed use building up to 45 feet in height will not cause a significant impact on a scenic vista ofthe site nor will it degrade the visual quality of the site because of the existing vacant Vons building. With exception to the deviation from the El Camino Real Corridor Standards required for the building height, -7-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 compliance with the Municipal Code, will reduce the potential impacts to the site's visual character to a less than significant level. Short-term construction-related impacts would consist primarily of grading and building activities, including the presence of construction equipment, truck traffic, construction debris, and temporary safety signage. While views across the project site from surrounding areas as well as from El Camino Real would be disrupted, no valuable aesthetic resources would be destroyed as a result of construction-related activities. These short-term impacts (approximately 12 months) are temporary and would cease upon project completion. Thus, the construction-related impacts to the site's visual character would be less than significant. d) Less than Significant Impact. The primary sources of exterior lighting in an urban setting are typically associated with street lighting, parking lot lighting, building illumination through signage and other lighting, security lighting and landscape lighting. Depending upon the location of the light source and its proximity to adjacent light-sensitive uses, light introduction has the potential to be a nuisance, thus affecting adjacent areas and diminishing the view of the clear night sky. Light spillage is typically defined as unwanted illumination from light fixtures on adjacent properties. Perceived glare is the unwanted and potentially objectionable result from looking directly into a light source of a luminary. Sensitive land uses, such as the proposed multi-family residential uses and the adjacent multi-family and single-family uses to the east and south, could be impacted by the light and glare from the proposed project. Existing lighting conditions at the La Costa Towne shopping center include parking lot, security, landscaping and signage lighting. In addition, street lighting as well as vehicle headlights are present along La Costa Avenue to the north and El Camino Real to the west. The proposal to demolish two existing commercial buildings and construct two mixed use buildings as well as a single level parking structure, will not have a significant impact on light and glare as the shopping center currently exists in a developed, urban context, both on-site and offsite. The proposed parking lots will be illuminated with standard parking lot lighting. While an increase in light will be created by the project, the impacts will be minimal since the parking light fixtures and exterior building light fixtures will be shielded and directed downward to reduce the impacts caused by glare. This will limit any impacts to the adjacent single-family residential uses to the east, which are located approximately 100 feet upslope form the proposed development as well as the new multi-family uses proposed as a component of the mixed use project. Therefore, potential operational light and glare impacts would be less than significant. November, 2013 -8- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 II. AGRICULTURAL AND FORESTRY RESOURCES* Would the project: Potentially Significant Impact Less tiian Significant with Mit. Incorporated Less than Significant Impact No Impact 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 ofthe California Resources Agency, to non-agricultural use? • • • K b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? • • • K c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? • • • S tn 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 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.) a-c) No Impact. The project site is currently developed with a shopping center, is located in an urbanized area, and is zoned for commercial as well as mixed uses (C-l-Q). The proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use; does not conflict with existing zoning for agricultural uses or Williamson Act contracts; and there are no agricultural uses within the vicinity of the project site, nor is the project proposing any changes which, due to its location or nature, would result in the conversion of farmland to non-agricultural uses. Therefore, no impacts to agricultural and forestry resources are anticipated. III. AIR QUALITY* Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? • • • S b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • 13 • 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)? • • Kl • November, 2013 Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 III. AIR QUALITY* Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less Than Significant Impact No Impact d) Expose sensitive receptors to substantial pollutant concentrations? • • • e) Create objectionable odors affecting a substantial number of people? • • • * 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. a) No Impact. As discussed in the Air Quality Technical Report (Scientific Resources Associated, October, 2013), the project site is located in the San Diego Air Basin, which is currently designated as a nonattainment area for the state standard for PMio, PM2.5,1-Hour and 8-Hour ozone, and the Federal 8- Hour Standard for ozone. 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). The RAQS outlines the APCD's plans and regulatory control measures designed to attain state air quality standards for ozone. The RAQS, which was initially adopted in 1991, is updated on a triennial basis with the most recent update occurring in April 2009. The APCD has also developed the SDAB's input into the State Implementation Plan (SIP) which is required under the Federal Clean Air Act (CAA) for pollutants that are designated as being in nonattainment of national air quality standards for the air basin. The SIP relies on the same information from SANDAG to develop emission inventories and emission control strategies that are included in the attainment demonstration for the air basin. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. In addition, the project is consistent with the General Plan in that the proposed 60 dwelling units will be deducted from the City's Excess Dwelling Unit Bank. 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 ofthe RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? November, 2013 -10-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 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 and will in no way conflict with or obstruct implementation of the regional plan. The TCMs adopted by SANDAG identified Job-housing balance, mixed use and transit corridor development as criteria for indirect source control. As part of the Job-housing balance, SANDAG indicated that land use policies and programs shall be established to attract appropriate employers to residential areas and to encourage appropriate housing in and near industrial and business areas. Mixed use development should be designed to maximize walking and minimize vehicle use by providing housing, employment, education, shopping recreation and any support facilities within convenient proximity. The La Costa Towne Center project meets the criteria of the RAQS, SIP and SANDAG's Transportation Control Measures as it provides mixed use (i.e., multi-family apartments and commercial uses) along a major transportation corridor with bus stops located in close proximity to the site. The project is designed to maximize walking and minimize vehicle use by providing housing in close proximity to commercial uses in the shopping center as well as on the north side of La Costa Avenue. In addition, bicycle parking as well as designated parking stalls for energy efficient vehicles are provided on site. Accordingly, the proposed project is consistent with the applicable air quality plans and would not result in a significant impact. b) tess than Significant Impact. The closest air quality monitoring stations to the project site are at Camp Pendleton and Escondido (E. Valley Parkway). Data available for these monitoring sites from 2009 through 2011, indicate that the most recent air quality violations recorded were as follows: the 1- Hour ozone concentration did not exceed the state standard any time during the years 2009 through 2011; the 8-Hour ozone concentration exceeded both the state and federal standard in 2009 and 2010 and the state standard was exceeded twice in 2011; the daily PMio concentration exceeded the state standard in 2009, but not in 2010 or 2011; and the federal standard for PMio and the federal 24-Hour PM2.5 standard was not exceeded during the 2009 through 2011 time period. No other violations of any air quality standards have been recorded during the years 2009 through 2011. Short-term/construction impacts The proposed project includes construction activities associated with demolition, grading, paving, building construction, and architectural coating. The proposed project would be constructed over a time frame of approximately 12 months and is anticipated to begin mid-year in 2014. Construction activities would require the demolition of 45,830 SF and the export of approximately 54,600 cubic yards of soil. Table 4d of the Air Quality Technical Report (Scientific Resources Associated, October, 2013), provides detailed emission estimates associated with the proposed project. Emitted pollutants would include volatile organic compounds (VOC), nitrogen oxide (NOx), carbon monoxide (CO), sulfur oxide (SOx) as well as particulate matter (PM) less than 10 and 2.5 microns in diameter. As part of the project design features, it was assumed that standard dust control measures, such as watering the site three times daily and using soil stabilizers on unpaved roads, and architectural coating that comply with the SDAPCD, would be utilized during construction. As demonstrated in the table, emissions of criteria pollutants during construction would not only be temporary but would also be less than significant. November, 2013 -11- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Such emissions would be minimized through standard construction measures and Best Management Practices (BMPs) that would reduce fugitive dust emissions and other criteria pollutant emissions during construction. Long-term/operational impacts Operational impacts associated with the La Costa Towne Center project would include impacts associated with vehicular traffic, as well as sources such as energy use, consumer product use, and architectural coatings for maintenance purposes. Pursuant to the Traffic impact Analysis for the La Costa Towne Center (Urban Systems Associates, May, 2013), the existing site generates 14,890 average daily trips (ADT). According to the Traffic Impact Analysis, upon build-out, the project will generate 15,682 ADT for a net increase of 791 ADT. Table 5 of the Air Quality Technical Report (Scientific Resources Associated, October, 2013) presents a summary of the emissions calculated for the existing conditions and the proposed project. Because the project involves renovation of an existing site, the project's operations will result in an incremental change in emissions. Based on the estimates of the emissions associated with Project operations, the emissions would decrease from existing levels and would, therefore, have a less than significant impact. Projects involving traffic impacts may result in the formation of locally high concentrations of CO, known as CO "hot spots." To verify that the project would not cause or contribute to a violation of the CO standard, a screening evaluation of the potential for CO "hot spots" was conducted. The Caltrans ITS Transportation Project-Level Carbon Monoxide Protocol (Caltrans, 1998) were followed to determine whether a CO "hot spot" is likely to form due to project-generated traffic. In accordance with the Protocol, CO "hot spots" are typically evaluated when (a) the level of service (LOS) of an intersection or roadway decreases to a LOS E or worse; (b) signalization and/or channelization is added to an intersection; and (c) sensitive receptors such as residences, commercial developments, schools, hospitals, etc. are located in the vicinity of the affected intersection or roadway segment. The Traffic Impact Analysis evaluated whether or not there would be a decrease in the level of service at the intersections affected by the Project. Based on the analysis, no intersections would experience a degradation in LOS to LOS E or F due to project traffic. Accordingly, the project would not result in CO "hot spots", and no significant impact would result. c) Less than Significant Impact. The San Diego air basin is currently in a state of non-attainment for ozone and suspended fine particulates. The proposed project would represent an incremental contribution to a cumulatively considerable net increase in emissions throughout the air basin. As described above, however, emissions associated with nonattainment pollutants would be minimal and below the screening-level thresholds. Given the limited emissions associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. 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. d) Less than Significant Impact. Any project emitting toxic air contaminants (TAC) which has the potential to directly impact a sensitive receptor located within one mile and results in a cancer risk greater than 10 in one million would be deemed to have a potentially significant impact. Air quality regulators typically define sensitive receptors as schools (preschool through 12^*^ grade), hospitals, residential care facilities, or day-care centers, or other facilities that may house individuals with health conditions that would be adversely impacted by changes in air quality. Residential land uses may also be considered sensitive receptors. The nearest sensitive receptors to the site are the single-family November, 2013 -12- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 residential uses located to the east and south and approximately 0.1 miles from the project. As discussed above, as well as in the Air Quality Technical Report (Scientific Resources Associated, October, 2013), the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no other sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. Therefore, project impacts would be less than significant. e) tess than Significant impact. A project that proposes a use which would produce objectionable odors would be deemed to have a significant odor impact if it would affect a considerable number of offsite receptors. The construction ofthe proposed project will generate exhaust from the operation of heavy-duty diesel construction equipment, which may be considered objectionable to some people. Odors are highest near the source and would quickly dissipate offsite. Such exposure associated with the construction activities for the proposed project would be short-term in nature as well as transient, and would cease upon project completion. In addition, the number of people exposed to such transient impacts is not considered substantial. Land uses associated with odor complaints typically involve agricultural uses, wastewater treatment facilities, food processing and chemical plants, composting, refineries, landfills and fiberglass molding. The proposed mixed use project would not generate objectionable odors during business operations. In addition, the project would comply with city requirements applicable to maintenance of trash areas to minimize potential odors. Therefore, significant impacts related to odors would not occur. IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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? • • • K 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? • • • S 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? • • • K 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? • • • K e) Conflict with any local policies or ordinances protecting biological • • • K November 2013 -13-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit Incorporated Less than Significant Impact No Impact 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? • • • K a-f) No Impact. The project site, currently developed with an existing shopping center, is substantially surrounded by urban land uses. Pursuant to the Biological Technical Report (Alden Environmental, Inc., November, 2012), no candidate, sensitive or special status species are located on the project site. In addition, no potential state or federal Jurisdictional features (i.e., wetland or riparian areas) are located on-site. While the project's eastern uphill slope has a General Plan Land Use designation of Open Space (OS), the parcel is not located within an existing Hardline or Standards Areas pursuant to the city's Habitat Management Plan (HMP). In addition, there are no wildlife habitat linkages on the project site. Therefore, the project does not conflict with any of the provisions outlined in the HMP. The proposed mixed use project does not conflict with any other local policies or ordinances protecting biological resources, such as CMC Chapter 21.210. Therefore, no impacts to biological resources are anticipated. V. CULTURAL/PALEONTOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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 significance of an archeological resource pursuant to §15064.5? • m • • c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? • • • d) Disturb any human remains, including those interred outside of formal cemeteries? • • • 13 a&d) No impact. Pursuant to the Phase I Environmental Assessment (ADR Environmental Group, December, 2011), the existing shopping center was developed in 1981. Given the date of construction (i.e., less than 50 years old), no historical resources exist on the property. In addition, no conditions exist which would suggest that human remains are likely to be found on-site since the property has been previously disturbed and is currently developed with a shopping center. Therefore, no impacts are anticipated. In the event that human remains are discovered, proper treatment would be required in accordance with the applicable state laws. November, 2013 -14-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 b) Potentially Significant Unless Mitigation Incorporated. Based on review of the Map 5.8-2 of the Final EIR for the General Plan Update, (March, 1994), the project site is not located in a known archaeologically-sensitive area. In addition, as the project site has been previously graded for the development of the existing shopping center, the probability that the demolition and construction would impact any undocumented buried archaeological resource is moderately low. Notwithstanding the above, given that excavation is required for the construction of the subterranean parking structure, mitigation measures are proposed to address the potential impact to any archaeological resources that may be discovered during construction. Compliance with mitigation measures CULTURAL-1 and CULTURAL-2 would reduce the potential impacts to a less than significant level. Mitigation Measures: CULTURAL-1 - Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during ail grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff The City shall verify that the archaeological monitor has been retained prior to the issuance of a grading permit. In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 ofthe CEQA Guidelines shall be followed. Recovered artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre- excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County IVIedical Examiner pursuant to California Health and Safety Section 7050.5. Should the IVIedical Examiner determine the human remains to be Native American; the Native American l-leritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American IVIonitor (pursuant to IVIitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City ofCarlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. November, 2013 -15- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 CULTURAL-2 - Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on- site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and city staff. c) Potentially Significant Unless Mitigation incorporated. Pursuant to the Geotechnical Evaluation (Ninyo & Moore, July, 2012) prepared for the proposed project, the geologic setting on-site consists of Quaternary-aged surficial deposits, underlain by Tertiary (Del Mar Formation) and Cretaceous-age sedimentary rocks. Pursuant to Map 5.8-1 of the Final EiRfor the General Plan Update, (March, 1994), the site is located in a potentially significant fossil area. In addition, it is noted that the Del Mar Formation has produced a large number of vertebrate and invertebrate fossils. As the project grading has the potential to disturb undisturbed soils which may contain fossils, a mitigation measure is proposed (PALEO-1) to reduce the potential impacts paleontological resources to a less than significant level. Mitigation Measure: PALEO-1 A. Prior to any grading of the project site, a paleontologist shall be retained to perform a wall<over survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the City Planner prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the City Planner during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. F. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. G. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the City Planner and the City Engineer. November, 2013 -16- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 VI. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less than Significant with Mit Incorporated Less than Significant Impact No Impact 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. • • M • 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 ofthe project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? • • • d) Be located on expansive soils, as defined in Section 1802.3.2 ofthe California Building Code (2007), creating substantial risks to life or property? • • • e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? • • • 13 a.i-a.iii) Less than Significant Impact. Pursuant to the Geotechnical Evaluation prepared for the project (Ninyo & Moore, July, 2012), the subject site is not located within any Earthquake Fault Zones as delineated on the Alquist-Priolo Earthquake Fault Zone Map, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, the nearest of which is the Rose Canyon Fault Zone located 5 miles west of the site. Due to the relatively dense nature of on-site soils, the risk of seismic-related ground failure or liquefaction is not a significant concern. In addition, the proposed project would be constructed in compliance with the California Building Code which includes specific design measures which are intended to maximize structural stability in the event of an earthquake. Therefore, a less than significant impact is anticipated. a.iv) Less than Significant with Mitigation Incorporated. Pursuant to the Geotechnical Evaluation, based on a review of geologic maps, there are no mapped landslides underlying the subject site; however, the site is located in an area classified as marginally susceptible to landslides. In addition, as noted in the report, a previous evaluation of the site in 1977 indicated that an ancient landslide was present at the site based on the presence of claystone and siltstones with slickensided surfaces November, 2013 -17-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 indicating shearing. Furthermore, a boring taken for the proposed project in the area proposed to be developed with the two-story mixed use building (i.e., east side of shopping center) encountered possible landslide deposits. To address the potential for slope instability in this area and to stabilize the area proposed to be excavated, a series of tie back anchors are proposed, the details of which are discussed in the Geotechnical Evaluation. In order to reduce the potential impacts associated with the potential for landslides to a less than significant level, mitigation measure GEO-1 is proposed. Mitigation Measure: GEO-1. The project shall incorporate all engineering recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated July 13, 2012, during grading, construction and operations to reduce any potential geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and specifications. b) tess than Significant Impact. Grading and earthwork activities associated with the proposed project, which includes the construction of a single-level parking structure, would expose soils to short- term erosion by wind and water. All demolition and construction activities would be subject to compliance with the California Building Code, the city's Excavation and Grading Ordinance, as well as the recommendations of the Preliminary Stormwater Plan (Stevens Cresto Engineering, January, 2013). As discussed in the Preliminary Stormwater Plan, the implementation of and standard city-required erosion control techniques and Best Management Practices (BMPs) would reduce soil erosion impacts associated with construction to a less than significant level In addition, substantial soil erosion or loss of top soil is not expected to occur as a result of long-term operations since a majority of the project site will be either be developed with the mixed use buildings or repaved. Any pervious areas that are proposed would be landscaped, which would reduce any potential impacts to a less than significant level. c) Less than Significant with Mitigation Incorporated. The project site is generally underlain by the Tertiary-age Delmar Formation. Pursuant to the Geotechnical Evaluation, an exploratory boring also encountered fill soils to depths up to 23 feet as well as possible landslide deposits which may extend to depths of more than 36 feet below existing grade. As discussed above, to reduce the potential impacts associated with the potential for landslides to a less than significant level, mitigation measure GEO-1 is proposed. Based on the generally dense nature of the formation materials occurring below the groundwater, the potential for liquefaction at the site is not significant. Due to the presence of groundwater at a depth as shallow as 3.5 feet, groundwater seepage is expected to be a constraint during construction of the subterranean parking garage. Compliance with mitigation measure GEO-1 will reduce the impact to a less than significant level. d) Less than Significant with Mitigation incorporated. Pursuant to the Geotechnical Evaluation, on-site soils have a medium potential for expansion. Accordingly, recommendations for deepened foundations and supplemental recommendations for thickened slabs-on-grade with reinforcing are described in the Geotechnical Evaluation. Compliance with mitigation measure GEO-1 will reduce the impact to a less than significant level. November, 2013 -18- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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 purposes of reducing the emissions of greenhouse gases? • • • a-b) Less than Significant Impact. The City of Carlsbad has not adopted its own greenhouse (GHG) thresholds of significance and is, therefore, following guidance provided from the California Air Pollution Control Officers Association (CAPCOA) report, CEQA and Climate Change, dated January, 2008, for interim screening criteria to determine when a GHG analysis would be required. Specifically, CAPCOA proposed a 900-metric tons of CO2 e (i.e., equivalent) screening threshold to evaluate whether a project requires further analysis. Projects with emissions above the 900 metric ton threshold are required to evaluate whether emissions can be reduced to below "business as usual" levels. Based on a state-wide goal to reduce GHG emissions and comply with Assembly Bill (AB) 32, a significance threshold of 28.35% below "business as usual" conditions was used in the Global Climate Change Evaluation (Scientific Resources Associated, October, 2012) prepared for the La Costa Towne Center project. "Business as usual" is defined as the emissions that would have occurred in the absence of reductions mandated under AB 32. Based on the latest guidelines and baseline emission calculations for energy efficiency, "business as usual" is considered to be the equivalent of Title 24 as of 2005. Pursuant to the Global Climate Change Evaluation (Evaluation), GHG emissions for the project (existing and proposed) were estimated separately for five (5) categories: construction; energy use, including electricity and natural gas usage; water consumption; solid waste handling; and transportation. Existing Conditions Taking into account the existing traffic counts pursuant to the Traffic impact Analysis (Urban Systems Associates, 2012), as well as the fact that the existing buildings were constructed prior to the 2005 Title 24 standards. Table 4 of the Evaluation, estimates that the total existing operational CO2 equivalent emissions are 12,506 metric tons per year. Construction GHG Emissions Construction GHG emissions include emissions from heavy construction equipment, truck traffic for the export of material, and worker trips. Emissions were calculated utilizing the CalEEMod Model, which is the newest land use emissions model for completed and proposed construction. Pursuant to Table 5 in the Evaluation, construction CO2 equivalent emissions are estimated to be 1,103 metric tons. Lead agencies, including the South Coast Air Quality Management District, the City of San Diego, and the County of San Diego, recommend that construction emissions be amortized over a 30-year period to account for the contribution of constructions emissions over a lifetime of the project. Amortizing November, 2013 -19-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 emissions from construction of the proposed project over a 30-year period would result in an annual contribution of 37 metric tons of CO2 e. These emissions are added to the operational emissions to account for the contribution of construction to GHG emissions forthe lifetime ofthe project. Operational GHG Emissions The property owner/applicant. Excel La Costa LLC, proposes to renovate and expand the existing shopping center with the addition of two mixed use buildings. Overall, a net gain off 3,078 SF of retail space and 60 multi-family units are proposed. The results ofthe inventory for operational emissions for business as usual for the proposed project are presented in the table below. These include GHG emissions associated with the new buildings (natural gas, purchased electricity), water consumption (energy embodied in potable water), solid waste management (including transport and landfill gas generation), and vehicles. SUMMARY OF ESTIMATED OPERATIONAL GREENHOUSE GAS EMISSIONS BUSINESS AS USUAL SCENARIO Emission Source Annual Emissions (Metric tons/year) Emission Source CO2 CH4 N2O C02e Operational Emissions Electricity Use 658 0.0274 0.0074 661 Natural Gas Use 44 0.0049 0.0001 44 Water Use 108 0.0045 0.0012 108 Solid Waste Management 49 --49 Vehicle Emissions 11,952 0.20 1.39 12,388 Amortized Construction Emissions 43 --37 Total 12,854 0.24 1.40 13,293 Global Warming Potential Factor 1 21 310 CO2 Equivalent Emissions 12,854 5 434 13,293 TOTAL CO2 Equivalent Emissions 13,293 Existing CO2 Equivalent Emissions 12,506 Net CO2 Equivalent Emissions 787 As demonstrated in the table above, the net emissions associated with the La Costa Towne Center Project are below the 900 metric ton screening threshold under business as usual conditions. In November, 2013 -20-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 addition, pursuant to Table 7 of the Global Climate Change Evaluation, with the implementation of GHG reduction measures such as state and/or federally-mandated energy/fuel efficiency and mobile source emission reductions, the proposed project will be more than 28.3% below "business as usual" levels. Therefore, the project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; nor will it conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The project will be consistent with the goals of AB 32, and would not result in a cumulatively significant global climate change impact. VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? • • • S 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? • Kl • • c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • • • K 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? • • • K 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? • • • Kl 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? • • • K g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? • • • K 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? • • K • a) No Impact. The proposed mixed use project would not involve the routine transport, use or disposal of hazardous materials; therefore, no impact is anticipated. November, 2013 -21-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 b) Less than Significant with Mitigation Incorporated. Pursuant to the Phase I Environmental Assessment prepared for the project (ADR Environmental Group, December, 2011), no indications of polychlorinated biphenyls (PCBs), mold or lead-based paint were detected. However, during an on-site survey, suspect asbestos-containing materials (ACMs) were identified, including, but not limited to, vinyl sheet flooring and tiles, mastic, gypsum wallboard. Joint compound, ceiling tiles, and roofing materials. As a result, a follow-up Asbestos Survey Report was completed (ADR Environmental Group, December, 2012) which confirmed the presence of asbestos-containing materials. While no significant damage to the materials was observed, because two buildings are proposed to be demolished, mitigation is required. Compliance with mitigation measure HAZ-1 will reduce impacts associated with asbestos to a less than significant level. Mitigation Measure: HAZ-1. Prior to physical disturbance of any of the identified asbestos-containing materials, asbestos abatement is required in accordance with applicable federal, state and local regulations. The removal of asbestos-containing materials requires the use of appropriate engineering controls by a contractor licensed by the California State Contractors License Board, and registered with the California Division of Occupational Safety and Health (DOSH). Evidence that this measure has been implemented shall be submitted prior to the issuance of the demolition or grading permit, whichever occurs first. c-f) No Impact. No existing or proposed schools are located within % mile of the project site. In addition, the McClellan-Palomar Airport is located approximately three (3) miles north of the subject shopping center. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), the project is located outside of the boundaries of the Airport Influence Area (AIA). Further, the project site is not located in the vicinity of a private airstrip nor is it included on any lists as a hazardous materials site, pursuant to the Government Code Section 65962.5. Therefore, no impact is anticipated. g) No impact. The project site is located adjacent to El Camino Real, which is one of five primary arterials designated in the General Plan as an emergency access or emergency evacuation route to move people during emergencies. The City of Carlsbad's Fire Department will provide all basic fire and emergency medical services to the project site. Specifically, the project will be served by Fire Station Nos. 2 and 6. The developed site is within a five minute response time for these fire stations. Additionally, the City of Carlsbad's Fire Department has agreements with other agencies, such as the County of San Diego, to provide additional services, including hazardous materials incident response. In the event of a large scale incident, the City of Carlsbad will activate its Emergency Operations Center (EOC) and provide details to residents. The proposed mixed use project will not impact the ability to provide emergency services to the project site, nor will it physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact is anticipated. h) Less than Significant impact. The subject parcel is located in a developed area and the project is considered as infill development. A west-facing manufactured slope, ranging in elevation from 45' to 180' MSL and primarily vegetated with eucalyptus trees, is located along the eastern boundary of the site. The at-grade porches proposed in association with two-story mixed use building are located approximately 10 feet from the base of the slope. While the City is considered a medium fire hazard area (Public Safety Element, General Plan), given the sparse vegetation located on the slope, the Fire Department has indicated that a Fire Protection/Suppression Plan will not be required for the project. However, fire sprinklers will be required. Therefore, a less than significant impact is anticipated. November, 2013 -22- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 IX. HYDROLOGY AND WATER QUALITY Would the project: a E * 5 p .a» a. Wl "8 ts 1 it witn irporat It Imp! ithar I'lficai . Inco Q JZ ** lificai Les! Sigr ** is 1 ao vi • 13 a E o z 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 ofthe 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 ofthe course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? • • • d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? • • K • 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? • • 13 • 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) Less than Significant Impact. The project is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin" (WQCP), and the city's Standard Urban Storm Water Management Plan (SUSMP). The WQCP contains specific objectives for the Carlsbad Hydrologic Unit, which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and the use of Best Management Practices (BMPs). Construction activities as well as post-development activities for this project are covered under state- wide construction permit Order No. 2009-0009-DWQ issued by the State Water Resource Control Board November, 2013 -23-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Permit and regional Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board's San Diego region. As the project qualifies as a Priority Development Project, a Preliminary Stormwater Management Plan (Stevens Cresto Engineering, January, 2013) has been prepared for the project which addresses what treatment Best Management Practices (BMPs) will be constructed to treat the post-development runoff from the project. The Plan addresses how pollutants from this project will be reduced, captured, filtered, and/or treated prior to discharge from the project site. In addition, as a standard condition for this project, a Stormwater Pollution Prevention Plan (SWPPP) will be required to control the quality of storm water runoff, erosion, and sediment during construction. Through the implementation of the recommendations of the above-noted reports, the project will not violate any water quality standards or waste discharge requirements. Any impacts to water quality standards or waste discharge requirements are therefore considered to be less than significant. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. Therefore, no impact is anticipated. c-f) Less than Significant impact. Pursuant to the Preliminary Drainage Study (Stevens Cresto Engineering, January, 2013) prepared for the project, storm water runoff generated by the existing shopping center is collected within an existing storm drain located on-site and is conveyed to one of three public 24" RCP pipes crossing El Camino Real. As part of the proposed project, a new storm drain will be constructed to support the improvements. All three existing pipes discharge, within approximately 750 feet of each other, into Encinas Creek, located west of El Camino Real. Encinas Creek crosses La Costa Avenue to the north and ultimately flows into Batiquitos Lagoon, which is approximately 2,000 feet northwest of the project site. Construction of the new storm drain will necessitate a minor redistribution of area between the localized basins. Per the Preliminary Drainage Study, this is not considered a diversion of runoff since all project outfalls discharge to the same location. As a Priority Project, and per Carlsbad's SUSWMP, the project is subject to hydromodification criteria as detailed in the San Diego County's Hydromodification Plan, dated March 25, 2011. As a result, the project will be designed to match pre-project runoff flow rates for storms up to a 10-year design storm. Since the La Costa Towne Center project proposes to redevelop a portion ofthe existing shopping center which is already paved, the net impact to the total impervious surface at the project will be negligible. Per the pre-project and post-project runoff calculations identified in the Preliminary Drainage Study, the average runoff coefficient will not change. Total peak runoff will increase, however, due to the inclusion of a new storm drain within the project site, and the corresponding decrease in time of concentration. With the incorporation of Low Impact Development (LIDs) features and hydromodification BMPs, the increase in runoff will reduce the impacts to a less than significant level. In addition, pursuant to the Preliminary Stormwater Management Plan, the incorporation of bioretention basins, higher rate filters, and underground detention, will not only treat the water but will also reduce the rate of runoff leaving the site. Through these efforts, the project will not violate any water quality standards, or otherwise substantially degrade water quality; will not substantially alter existing drainage patterns causing substantial erosion, siltation, or flooding; and will not significantly impact the capacity of storm water drainage systems. Therefore, impacts are considered to be less than significant. November, 2013 -24- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 g-J) No Impact. The project site is not located within the 100-year flood hazard area. In addition, pursuant to the City of Carlsbad Geotechnical Hazards Analvsis and Mapping Study, Catastrophic Dam Failure Inundation. Tsunami, and Seiche Hazard Zone Maps (September 1992), based on the distance between the site and large, open bodies of water, as well as the elevation of the site with respect to the sea level (45-60 feet above mean sea level), the possibility of tsunami or mudflow is considered to be low. Therefore, no impact is anticipated. X. LAND USE AND PLANNING Would the project: Potentially Significant Impact less than Significant with Mit Incorporated Less than Significant Impact No Impact 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? • • • Kl a) Wo impact. The proposal to renovate an existing shopping center, including the demolition of two existing commercial/retail buildings and the construction of two mixed use buildings, would be compatible with the surrounding commercial and residential land uses. Therefore, the proposed project would not physically divide an established community; no impact is anticipated. b) Less than Significant impact. The subject 15.24-acre property is zoned Neighborhood Commercial with a Qualified Development Overlay (C-l-Q) and has a General Plan Land Use designation of Local Shopping Center (L) and Open Space (OS). The property is also located adjacent to El Camino Real, which is identified as a scenic corridor. The proposal to renovate the shopping center, including the demolition of two commercial buildings and the construction of two mixed use buildings, is consistent with the goals and policies of the Housing Element (Programs 2.1 and 2.3) of the General Plan in that mixed use is highly encouraged in shopping centers. In addition, the proposed density for 60 residential units is 22.2 dwelling units per acre (10.83 net acres x 0.25 = 2.7 acres; 60 units/2.7 acres = 22.2 dwelling units/acre), which meets the minimum standard of 20 units per acre set forth in the Housing Element. The proposed uses are also consistent with the C-l zone in that the residential component of a mixed use project as well as retail uses are permitted by right in the C-l zone. The McClellan-Palomar Airport is located approximately three (3) miles north of the subject shopping center. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), the project is located outside of the boundaries of the Airport Influence Area (AIA). Therefore, the proposed project is not subject to the ALUCP. Entitlements required forthe proposed project include the following: November, 2013 -25-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Site Development Plan Amendment. SDP 78-03(D). A Site Development Plan is required for projects which are located in the Qualified Development Overlay (Q) zone. The existing Site Development Plan for the shopping center, SDP 78-03(C), is proposed to be amended to address the development proposal. Including the architectural projections, the maximum height proposed for the three-story mixed use building is 45 feet. Parking for the new retail and residential uses is proposed to be provided by a combination of surface parking and a single-level parking structure with open parking on top. Overall, a total of 470 parking spaces currently exist in the shopping center and a total of 608 parking spaces are proposed. Therefore, a net gain of 138 parking spaces is proposed to accommodate the additional retail area and new multi-family residential use. Site Development Plan. SDP 13-03. A Site Development Plan is required for the proposed inclusionary housing units. Included as a component ofthe Site Development Plan for inclusionary housing, is a request to exceed the 35-foot-height limitation pursuant to the C-l zone and the El Camino Real Corridor Standards, as well as encroach within the required front yard setback. Pursuant to CMC Section 21.85.100, modifications to the height and setbacks can be permitted to offset the cost of affordable housing. Special Use Permit. SUP 13-01. The proposed project is located within Area 5 ofthe El Camino Real Corridor Development Standards (ECR Standards). Area 5 of the ECR Development Standards currently allow for a maximum height of 35 feet and front yard setback of 40 feet. As the project proposes a height up to 45 feet and front yard setback as close as 14.5 feet, a deviation to the standards is required. The original Site Development Plan for the shopping center established a 10- foot-wide front yard setback. As discussed above, because inclusionary housing is being provided on-site, modifications to the developments standards can be permitted as an offset. Non-Residential Planned Development Permit. PUD 13-02. A Non-Residential Planned Development Permit is proposed for the mixture of residential and commercial units and to allow for reciprocal access and parking throughout the shopping center. Minor Subdivision. MS 13-01. The shopping center currently spans two legal parcels (APNs 216-124- 16, -17) totaling 15.24 acres (gross). In order to allow separate ownership for the existing and proposed retail area as well as the new residential area, a three-lot vertical parcel map is proposed. Parcel 1, which will comprise the new retail area, parking structure and surface parking is proposed to be 7.78 acres in size. Parcel 2, 7.44 acres in size, will include the existing retail/office area and surface parking. Parcel 3 is proposed to allow for the new multi-family units to be separately managed and owned. It is proposed as a vertical parcel, above the retail area on Parcel 1, and is 1.37 acres in size. Pursuant to the C-l zone, there are no minimum standards with respect to lot size or width. In addition to the above-noted permits, an allocation from the city's Excess Dwelling Unit Bank (EDUB) is being requested for the proposed 60 multi-family residential units. In order to receive an allocation, the project must be consistent with City Council Policy No. 43 and the following findings must be made: (1) the project location and density shall be compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses; (2) the project location and density shall be in accordance the applicable provisions ofthe General Plan and any other applicable planning document; and (3) the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range. The proposed mixed use project meets these findings; therefore, an allocation from the EDUB can be supported. November, 2013 -26- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 In summary, with the approval of deviations to the ECR Development Standards and a modification to the height and setbacks as allowed for an affordable housing project, the proposed mixed use project is consistent with the goals and policies ofthe General Plan and the standards ofthe C-l zone and the El Camino Real Corridor. c) Wo impact. As discussed in Section IV above. Biological Resources, the project does not conflict with any applicable habitat conservation plan or natural community conservation plan. No impact is assessed. ts ts (« a E <U ^ n 8 n a E XI. MINERAL RESOURCES >• ~ = c C C n ts XI. MINERAL RESOURCES ntia ifica tha ifica lnc( tha ifica ni a. E Would the project: Pete Signi Less Signi Mit. Less Signi o z 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-b) No Impact. Carlsbad is devoid of non-renewable energy resources. Mineral resources within the City are no longer being utilized and extracted as exploitable natural resources. Therefore, no mineral resource impacts will occur as a result of any project (MEiR 93-01, page 5.13-1). XII. NOISE Potentially Significant Impact Less than Significant with Mit Incorporated sthan lificant Impact Impact Would the project result in: Potentially Significant Impact Less than Significant with Mit Incorporated Les: Sigi o z 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? • • • 13 November, 2013 -27-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Impact with orated Impact XII. NOISE Would the project result in: Potentially Significant Less than Significant Mit. Incorp Less than Significant No Impact 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) Less than Significant with Mitigation incorporated. The project site is located adjacent to El Camino Real as well as La Costa Avenue, two heavily-traveled corridors in the city. To analyze the proposed project's compatibility with the City's Noise Guidelines Manual (2013), an Exterior Noise Analysis Report (Report) was prepared by dBF Associates, Inc. (June, 2013). Pursuant to the Noise Guidelines Manual, the following thresholds shall be applied to assess impacts: Interior Noise Residential: 45 dBA Leg Commercial: 55 dBA Leq Exterior Noise: Residential (if outdoor recreation/amenities required): 60 dBA Commercial: 65-70 dBA Leq Existing/Baseline Condition Pursuant to the Report, the ambient noise at the project site is dominated by vehicular traffic on El Camino Real and, secondarily, from traffic on La Costa Avenue. Existing on-site activity consists of occasional low-speed vehicular traffic to and from the onsite businesses. Gathering or other activity at outdoor areas is very limited. Short-term sound measurements were conducted at the afternoon peak period to quantify the existing on-site acoustical baseline due to vehicle traffic and to calibrate the noise model. The measurement results are summarized in Table 2 of the Report. A review of the table indicates that measured sound level ranges from approximately 54 dBA Leq (upper parking lot/location of two-story mixed use building) to 71 dBA Leq (El Camino Real). Construction/Short-Term Impacts Construction of the project would generate a temporary increase in noise in the project area. The increase in noise level would be primarily experienced closest to the noise source. The magnitude ofthe impact would depend on the type of construction activity, noise level generated by various pieces of construction equipment, duration ofthe construction phase, and distance between the noise source and receiver. Construction activity and delivery of construction materials and equipment would be limited to non- holidays, between 7:00 a.m. to 6:00 p.m., Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This project would utilize conventional construction techniques and equipment. Standard equipment such as scrapers, graders, backhoes, rollers, loaders, tractors, cranes, and miscellaneous trucks would be used for construction of a majority of the project facilities. Sound levels of typical construction equipment range from approximately 65 dBA to 95 dBA at 50 feet from the source (U.S. Environmental Protection Agency [U.S. EPA] 1971). November, 2013 -28-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Acoustical calculations were performed to estimate noise from construction activity. Noise sources associated with grading, the loudest of the construction activities, are shown in Table 4. The closest residence is located approximately 175 feet east of construction activity on the project site. It was assumed that one bulldozer, one scraper, one backhoe, one water truck, and one roller would operate continuously throughout the site. A combined point source level of 91 dBA at 50 feet would attenuate to approximately 80 dBA at the closest residence. The average sound levels (CNEL) would be expected to be less than estimated because of downtime that typically occurs during construction. Construction activity would occur during allowable times, in compliance with Section 8.48.010 of the City of Carlsbad Municipal Code. As noise impacts associated with construction are temporary in nature, no potentially significant noise impact related to construction would occur. Future Condition- Traffic and Project-Generated Noise The future noise environment will be driven by the amount of vehicular traffic on El Camino Real and La Costa Avenue. Table 3 of the Report, summarizes the SANDAG forecasts for the future ADTs (Years 2030 and 2050). Incorporating the project traffic counts into the Traffic Noise Model (TNM), as well as other features, such as topography, buildings onsite as well as offsite, and roadway alignments, calculations show that future exterior traffic noise levels at the proposed outdoor usable spaces and building facades (Figure 3 of the Report) would range from below 60 dBA CNEL (east elevation of Building 7714) to approximately 74 dBA CNEL (west elevation of Building 7710). The following outdoor use areas would be exposed to unmitigated future traffic noise levels over 60 dBA CNEL: the proposed private balconies on the west side of Building 7710, on the second and third floors directly facing El Camino Real; and the common patios on the second and third floors of the north side of Building 7710. However, because these areas are considered amenities and are not required to be provided on-site, no mitigation is required. All other proposed outdoor common and private usable areas would be exposed to future traffic noise levels under 60 dBA CNEL without mitigation. Project-generated noise sources include loading activity at the dock on the northeast corner of Building 7710, HVAC units on the rooftop of Building 7710 and Building 7714, and the cooling tower between Building 7710 and Building 7714. Loading dock activity would primarily consist of tractor-trailer and smaller box trucks. The project is expected to generate an average volume of no more than five hourly trucks during daytime hours (7 AM - 7 PM), two hourly trucks during evening hours (7 PM - 10 PM), and one hourly truck during nighttime hours (10 PM - 7 AM). Sound level measurements of delivery trucks, including tractor-trailers and smaller box trucks, have been conducted at existing similar commercial facilities. A typical maximum delivery hour, which includes one 18-wheeler, two bread trucks, and two refrigerated trucks with the compressors running, generates an average noise level of approximately 66 dBA at 25 feet over a one-hour duration. Building 7710 would have 26 HVAC units in the eastern roof well, 26 units in the western roof well, and 6 units in the central roof well. Building 7714 would have 6 units in the northeastern roof well and 6 units in the southeastern roof well. The units are projected to produce a sound power level of approximately 72 dBA. One cooling tower would be located in a mechanical plant area built into the hillside between Building 7710 and Building 7714. The mechanical plant area is surrounded by a retaining wall approximately 16 feet in height to the east, down-sloping retaining walls on the north and south, and a 12-foot-high barrier to the west. The cooling tower would produce a sound power level of approximately 94 dBA at 100% fan speed. At 80% fan speed, which is common during off-peak hours such as nighttime, the sound power level is approximately 91 dBA. November, 2013 -29- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 Excluding the ambient noise (i.e., existing traffic), the operation ofthe project-generated noise sources would produce noise levels up to approximately 45 dBA CNEL at the eastern project property line, near the center ofthe western property line ofthe single-family residence at 7623 Rustico Drive, as shown in Table 5 of the Report. Because this measurement is less than 60 dBA and the existing ambient noise exceeds the project-generated noise, no impact is anticipated to the adjacent residential properties to the east. The project-generated noise sources would also produce noise levels at various points on the project site ranging from below 60 dBA CNEL to approximately 65 dBA CNEL at the third floor of Building 7710. The implementation of the project with respect to noise is not expected to appreciably alter the use of the outdoor areas on the project site. As discussed above, because the communal outdoor space proposed in conjunction with the residential component is not required, no mitigation is required. However, because future traffic noise levels would exceed 60 dBA CNEL at some of the residential building facades and 65 dBA CNEL at some of the commercial building facades, an interior noise analysis evaluating proposed exterior wall construction, windows, and doors would be required once building plans are finalized to ensure that the interior noise levels meet the California Code of Regulations, Title 24: Noise Insulation Standard, as well as the city's Noise Guidelines Manual requirement, which requires a noise level of 45 dBA CNEL or less for residential land uses and 55 dBA CNEL or less for commercial land uses. Compliance with mitigation measure NOISE-1 will reduce impacts associated with interior noise to a less than significant level. Mitigation Measure: NOISE-1. Prior to issuance of the building permit, an acoustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit interior noise for the residential land uses to 45 dBA and commercial land uses to 55 dBA. The building plans shall incorporate the recommendations in the report to satisfy the requirements. b&d) Less than Significant impact. The anticipated grading operations associated with the proposed project will result in a temporary and minor increase in groundbourne vibration and ambient noise levels. Following the completion of demolition, grading, and construction activities, ambient noise level and vibrations are expected to return to pre-existing levels. Therefore, impacts are considered to be less than significant. c) No Impact. e-f) No Impact. The McClellan-Palomar Airport is located approximately three (3) miles north ofthe subject shopping center. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), the project is located outside of the boundaries of the Airport Influence Area (AIA). Further, the project site is not located in the vicinity of a private airstrip. Therefore, no impact is anticipated. November, 2013 -30- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 XIII. POPULATION AND HOUSING Potentially Significant Impact Less than Significant with Mit Incorporated sthan lificant Impact Impact Would the project: Potentially Significant Impact Less than Significant with Mit Incorporated Les Sigi o z 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)? • • m • b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? • • • 13 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? • • • a) Less than Significant impact. The 15.24-acre infill site, currently developed with a shopping center and substantially surrounded by urban uses, is located within the boundaries of Local Facilities Management Plan (LFMP) Zone 6. The project proposes to replace two existing commercial buildings with two new mixed use buildings. In addition to 60 multi-family units (i.e., apartments), a net gain of 3,078 SF of retail space is proposed to be added to the shopping center. Based upon the SANDAG's average of 2.76 people per household, the residential component of the project is expected to provide housing for approximately 166 people. The Zone 6 LFMP was prepared pursuant to the City's Growth Management Program, as outlined in Chapter 21.90 of the Carlsbad Municipal Code. Based on the underlying Zoning and General Plan Land Use designations, the Zone 6 LFMP anticipated that the project site would be developed with neighborhood commercial uses. While mixed use projects with a residential component are permitted by right in the C-l zone, because there are no residential units currently allocated to be developed at the site, an allocation from the city's Excess Dwelling Unit Bank (EDUB) is required. As of October 31, 2013, the current city-wide balance of available residential units is 2,144. In order to receive an allocation from the EDUB, the project must be consistent with City Council Policy No. 43 and the following findings must be made: (1) the project location and density shall be compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses; (2) the project location and density shall be in accordance the applicable provisions of the General Plan and any other applicable planning document; and (3) the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range. The proposed mixed use project meets these findings; therefore, an allocation from the EDUB can be supported. As discussed in Section XIV below (Public Services), implementation of the project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open space, parks, libraries, fire, and police. In addition, no road extensions are proposed in association with the project that may induce the potential for induce growth. Furthermore, because the neighborhood that the infill site is located within is already developed with existing uses, it is unlikely that the project will induce substantial growth. As a result, the proposed project is not anticipated to have a significant adverse impact to population or growth patterns in the area. Therefore, a less than significant impact is anticipated. November, 2013 -31-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 b-c) No Impact. The subject site is currently developed with a shopping center. No residential uses are located on-site. Thus, implementation of the proposed mixed use project would not displace housing nor substantial numbers of people. Therefore, no impact is assessed. XIV. PUBLIC SERVICES Would the project: Potentially Significant Impact Less than Significant with Mit Incorporated Less than Significant Impact No Impact a) 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 ofthe public services: i. Fire protection? • • • ii. Police protection? • • • 13 iii. Schools? • • • iv. Parks? • • • v. Other public facilities? • • • a.i-a.v) No impact. The La Costa Towne Center project is proposed on a property which is currently developed with a shopping center. While the public service demands for the proposed 60 residential units and minor increase in commercial square footage (3,078 SF) will increase, it will not significantly affect the provision and/or availability of public services (i.e., fire protection, police protection, schools, parks, etc.). Furthermore, the proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 6. As a result, no impact is assessed to public services. XV. RECREATION Potentially Significant Impact Less than Significant with Mit Incorporated Less than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration ofthe 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? • • • November, 2013 -32-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 a-b) No Impact. The project site is located within Park District No. 4, which is within the Southeast Quadrant of the city. As part of the City's Growth Management Program (GMP), a performance standard for parks was adopted. Specifically, the performance standard requires that three acres of Community Park and Special Use Area be provided per 1,000 people within each district. Consequently, all development (i.e., commercial and residential) within the Zone 6 LFMP is conditioned to pay a park- in-lieu fee to satisfy the performance standard established by the GMP. Furthermore, other than the possibility of a small private gym for the residents of the multi-family component, the project does not include any public recreational facilities, nor does it require the construction or expansion of existing recreational facilities, which might have an adverse physical effect on the environment. Therefore, no impact is assessed. XVl.TRANSPORTATION/TRAFFIC itially ncant Impact than Ficantwith Incorporated than Ficant Impact No Impact Would the project: Potei signii Less! Signh MitI Lessi 5ignii No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance ofthe 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? • • a 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)? • • • 13 e) Result in inadequate emergency access? • • • Kl 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) Less than Significant Impact. Pursuant to the city's Growth Management Program (GMP) circulation standards, no road segment or intersection in the zone or any road segment or intersection outside of the zone which is impacted by development within the zone, shall be projected to exceed a level of service (LOS) "D" during peak hours. To analyze the proposed project's compatibility with the GMP threshold, a Traffic Impact Analysis (Analysis) was prepared by Urban Systems Associates (May, 2013). November, 2013 -33-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 The proposed project has frontage on El Camino Real to the west and La Costa Avenue to the north. A total of three driveways within the shopping center are located off of El Camino Real and one driveway is located off of La Costa Avenue. Pursuant to the Analysis, the proposed mixed use project will generate 791 Average Daily Trips (ADT) and 46 AM and 75 PM peak hour trips. Existing Condition As summarized in the Analysis, all affected street segments and intersections are currently operating acceptably at LOS "D" or better during the AM and PM peak hours. EXISTING PLUS PROJECT CONDITIONS As summarized in the Analysis (Tables 5-1 and 5-2), all affected street segments and intersections incorporating the traffic generated by the proposed project will operate acceptably at LOS "D" or better. Project impacts are considered less than significant. No affected street segment or intersection mitigation is needed in Year 2013. NEAR TERM WITH AND WITHOUT PROJECT CONDITIONS As summarized in the Analysis (Tables 6-1 through 6-4), all affected street segments and intersections incorporating the traffic generated by the proposed project will operate acceptably at LOS "D" or better. Project impacts are considered less than significant. No street segment or intersection mitigation is needed. YEAR 2030 WITH AND WITHOUT PROJECT CONDITIONS As summarized in the Analysis (Tables 7-1 through 7-4), the study area street segments and intersections are expected to operate at LOS "D" or better with project traffic added in Year 2030. Project impacts are considered less than significant. No street segment or intersection mitigation will be needed. In summary, while the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. As substantiated in the Traffic Impact Analysis, the proposed project would not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Therefore, the impacts from the proposed project with respect to traffic are less than significant. No mitigation is required. b) No impact. In 2009, the congestion management agency (SANDAG) employed an "opt out" option defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to development in the City of Carlsbad. c) No Impact. The proposed project does not include any aviation components. In addition, the project site is located outside of the Airport Influence Area of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). Therefore, it would not result in a change of air traffic patterns or result in substantial safety risks. No impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed in compliance with City standards and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact is assessed. November, 2013 -34- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 e) No impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact is assessed. f) No Impact. The project site is located approximately 250 feet south of the signalized intersection of El Camino Real and La Costa Avenue. Existing bike lanes as well as public transportation routes (North County Transit District) located on the east side of El Camino Real will not be affected by the proposed project. In addition, bike racks as well as parking stalls for hybrid vehicles have been incorporated into the project design. The proposed project would also provide multi-family housing and employment opportunities in a location proximate to alternate transit options. Therefore, no impact is assessed. XVII. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? • • • Kl 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? • • • Kl 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? • • • K d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? • • • K 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? • • • K f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? • • • 13 g) Comply with federal, state, and local statutes and regulations related to solid waste? • • • [3 a-g) No Impact. The subject properties are located within the boundaries of Local Facilities Management Plan (LFMP) Zone 6. The proposed mixed use project is also located with the service boundaries ofthe Olivenhain Municipal Water District and the Leucadia Wastewater District. Adequate capacity exists to serve the proposed project, including the proposed residential units, which will be required to be withdrawn from the City's Excess Dwelling Unit Bank. In addition, the proposed project will be required to comply with all Regional Water Quality Control Board Requirements. One new private storm drain is proposed in association with the mixed use project. No new water or wastewater treatment facilities are proposed or required. All proposed public facilities, including water. November, 2013 -35-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 wastewater, and drainage facilities, have been designed to accommodate the proposed project. In addition, the proposed project will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs and the project will comply with federal, state, and local statutes and regulations related to solid waste. Therefore, no impact is assessed. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: Potentially Significant Impact Less than Significant with Mit Incorporated Less than Significant Impact No Impact 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 ofthe major periods of California history or prehistory? • K • • 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?) • • K • c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? • K • • a) tess than Significant impact with Mitigation incorporated. The proposed mixed use project is located within an existing shopping center. As such, the project site does not contain any sensitive fish or wildlife species and is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species. Therefore, the project will not reduce the habitat of a fish or wildlife species and will not threaten to eliminate or reduce the number of endangered plant and animal species. In addition, the two buildings proposed to be demolished are not considered to be important examples of California history. However, given the potential for cultural or paleontological resources to be discovered during grading operations, mitigation measures have been included to reduce any potential impacts to pre-historical resources to a less than significant level. b) tess than Significant Impact. 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 those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management 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, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. November, 2013 -36-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. In addition, while the incremental increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic in the short-term as well as build-out in the City of Carlsbad. Further, the project is consistent with the City's growth projections in that the proposed 60 dwelling units are available and will be withdrawn from the City's Excess Dwelling Unit Bank; therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project. City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) tess than Significant Impact with Mitigation Incorporated. As outlined in the Geology/Soils, Hazards/Hazardous Materials, and Noise sections of this document, mitigation measures are required to reduce environmental impacts which may cause substantial adverse effects on human beings, either directly or indirectly, to a less than significant level. In addition to the mitigation measures, the project will be designed to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development ofthe site will not result in adverse impacts on human beings, either directly or indirectly. November, 2013 -37- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 XVIX. 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. 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 Division 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 ofCarlsbad Planning Division, March, 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Division, March, 1994, as updated. 3. City of Carlsbad Municipal Code (CMC), Title 21 Zoning, City of Carlsbad Planning Division, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), City of Carlsbad Planning Division, November, 2004. 5. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP), amended December 1, 2011. 6. City ofCarlsbad Noise Guidelines Manual, July, 2013. 7. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami, and Seiche Hazard Zone Maps, September, 1992. 8. Traffic Impact Analysis, prepared by Urban Systems Associates, May 17, 2013 9. Exterior Noise Analysis Report, prepared by dBF Associates, Inc., June 3, 2013 10. Global Climate Change Evaluation, prepared by Scientific Resources Associated, October 10, 2012 -38- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 11. Biological Technical Report, prepared by Alden Environmental, Inc., November 28, 2012 12. Asbestos Survey Report, prepared by ADR Environmental Group, December 28, 2012 13. Phase I Environmental Site Assessment, prepared by ADR Environmental Group, December 19, 2011 14. Preliminary Stormwater Management Plan, prepared by Stevens Cresto Engineering, Inc., January 7, 2013 15. Preliminary Drainage Study, prepared by Stevens Cresto Engineering, Inc., January 7, 2013 16. Air Quality Technical Report, prepared by Scientific Resources Associated, October 10, 2012 17. Geotechnical Evaluation, prepared by Ninyo & Moore, July 13, 2012. -39- Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 LIST OF MITIGATING MEASURES CULTURAL-1. Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff. The City shall verify that the archaeological monitor has been retained prior to the issuance of a grading permit. In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the Immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 ofthe CEQA Guidelines shall be followed. Recovered artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area ofthe discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. CULTURAL-2. Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and city staff. -40-Initial Study La Costa Towne Center SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 PALEO-1 A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the City Planner prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the City Planner during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. F. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. G. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the City Planner and the City Engineer. GEO-1. The project shall incorporate all engineering recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated July 13, 2012, during grading, construction and operations to reduce any potential geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and specifications. HAZ-1. Prior to physical disturbance of any of the identified asbestos-containing materials, asbestos abatement is required in accordance with applicable federal, state and local regulations. The removal of asbestos-containing materials requires the use of appropriate engineering controls by a contractor licensed by the California State Contractors License Board, and registered with the California Division of Occupational Safety and Health (DOSH). Evidence that this measure has been implemented shall be submitted prior to the issuance of the demolition or grading permit, whichever occurs first. NOISE-1. Prior to issuance of the building permit, an acoustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit interior noise for the residential land uses to 45 dBA and commercial land uses to 55 dBA. The building plans shall incorporate the recommendations in the report to satisfy the requirements. -41- Initial Study EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR LA COSTA TOWNE CENTER SDP 78-03{D)/SDP 13-03/SUP 13-03/PUD 13-03/MS 13-03 The purpose of this Addendum to the Mitigated Negative Declaration is to describe revisions to the Mitigation Monitoring and Reporting Program associated with the La Costa Towne Center project, and to state the determination that this revision does not create any new significant environmental effects, that none of the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. The revision contained in this addendum revises Mitigation Measure Nos. CULTURAL-1 AND CULTURAL-2 of the Mitigation Monitoring and Reporting Program. The revised mitigation measure shall apply as follows: CULTURAL 1- Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff The City shall verify that the archaeological monitor has been retained prior to the issuance of a grading permit. In the event any potential cultural resource is uncovered during tho course of tho project construction, ground disturbing activities in the vicinity of the find shall bc redirected until the nature and extent of the find can be evaluated by the archaeological monitor, if cultural resources are encountered, the archaeologist, in consultation with a Native American monitor, shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor, in consultation with a Native American monitor, shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native EXHIBIT "ADDM' American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City ofCarlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. In addition, if Native American remains are discovered, the Native American remains shall be kept in situ, or in a secure location in close proximity to where they were found until an analysis is done on-site, in consultation with a Luiseno Native American monitor CULTURAL-2 Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Luiseno Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation of the monitoring, a pre- excavation agreement shall be developed between the appropriate Native American Tribe and the developer The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground- disturbing activities unless otherwise agreed upon by the monitor and city staff, if cultural resources are encountered, the Native American monitor shall have the authority to temporarily halt or redirect arading/trenchinQ while the cultural resources are documented and assessed. If the resource cannot be avoided, the Native American tribe shall be consulted reaardina the testing, cataioaing, drafting and finalization of the recovery of any resources. This revision is not considered substantial or significant as it relates to the environmental effects associated with the project, or the conditions contained in Section 15162 of CEQA, and a subsequent Mitigated Negative Declaration is not required. 3-ZO-/V Date: Don Neu City Planner Mitigation Monitoring and Reporting Program CITY OF CARLSBAD PROJEa NAME: La Costa Towne Center PROJEa NO: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 APPROVAL DATE/RESOLUTION NUMBER(S): The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). MITIGATION MEASURE c o S 11 ll s c-o o JC : vt ^ E X Q. §1 I IB E a cc CULTURAL- 1 Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground- disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff. The City shall verify that the archaeological monitor has been retained prior to the issuance of a grading permit. In the event any potential cultural resource is uncovered during the course of the project construction, ground- disturbing activities in the vicinity ofthe find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate Project/on-going during grading operations PLN Yes- note req. on grading plans Explanation of Headings Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure Is shown on plans, this column will be Initialed and dated. Verified Implementation = When mitigation measure has been Implemented, this column will be Initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other Information. Legend PLN Planning Division ENG Land Development Engineering Division BLDG Building Division Page 1 of 4 PROJECT NAME: La Costa Towne Center PROJECT NUMBER: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 MITIGATION MEASURE as c X o o s II 11 o c 3 o c o I ll 3! I ra E « se measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. CULTURAL- 2 Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural Project/on-going during grading operations PLN Yes- note req. on grading plans Mitigation Monitoring and Reporting Program Page 2 of 4 PROJECT NAME: La Costa Towne Center PROJECT NUMBER: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 MITIGAHON MEASURE I •c 8 c o S M C c m 8 I I ^ s c o c i o -° i X a.' S 1 ra « as items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and city staff^ PALEO-1 A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the City Planner prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the City Planner during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. F. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. G. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the City Planner and the City Engineer. Project/on-going during grading operations PLN Yes- note req. on grading plans Mitigation Monitoring and Reporting Program Page 3 of4 PROJECT NAME: La Costa Towne Center PROJECT NUMBER: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks GEO-1 The project shall incorporate all engineering recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated July 13, 2012, during grading, construction and operations to reduce any potential geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and specifications. Project/on-going during grading/ construction operations ENG Yes HAZ-1 Prior to physical disturbance of any of the identified asbestos-containing materials, asbestos abatement is required in accordance with applicable federal, state and local regulations. The removal of asbestos-containing materials requires the use of appropriate engineering controls by a contractor licensed by the California State Contractors License Board, and registered with the California Division of Occupational Safety and Health (DOSH). Evidence that this measure has been implemented shall be submitted prior to the issuance of the demolition or grading permit, whichever occurs first. Project/on-going during demolition PLN BLDG No NOISE-1 Prior to issuance ofthe building permit, an acoustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit interior noise for the residential land uses to 45 dBA and commercial land uses to 55 dBA. The building plans shall incorporate the recommendations in the report to satisfy the requirements. Project PLN BLDG Yes Mitigation Monitoring and Reporting Program Page 4 of 4 u SAN LUIS REY BAND OF MISSION INDIANS Shannon Werneke 1889 Sunset Drive • Vista, California 92081 760-724-8505 • FAX 760-724-2172 www.slrmissionindians.org January 21, 2014 City Planner Planning Division VIA ELECTRONIC MAIL Shannon.werneke@carlsbadca.gov City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: COMMENTS ON THE NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE LA COSTA TOWNE CENTER (SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01) Dear Ms. Werneke: We, the San Luis Rey Band of Mission Indians ("Tribe"), have received and reviewed the City of Carlsbad's ("City's") Notice of Intent to Adopt a Mitigated Negative Declaration ("MND") and all of its supporting documentation as it pertains specifically to the protection and preservation of Native American cultural resources that may be located within the parameters of the La Costa Towne Center Project's ("Project's") property boundaries. After our review, the Tribe believes that with the incorporation of additional measures of mitigation for cultural resources as proposed in this comment letter, the Project should be allowed to proceed as proposed. As you are aware, we are a San Diego County Tribe whose traditional territory includes the current cities of Oceanside, Carlsbad, Vista, San Marcos and Escondido, as well as the unincorporated communities of northern San Diego County, such as, but not limited to, Fallbrook and Bonsall. The Tribe is resolute in the preservation and protection of cultural, archaeological and historical sites within all these jurisdictions. It is the Tribe's understanding that the Project will consist of the demolition and excavation of two (2) existing structures established within the Project's boundaries and allow for the construction of two (2) mixed used buildings, including 60 multi-family residential units, 12 of which are proposed to be designated as inclusionary housing and a single-story parking structure, which is partially subterranean. The Tribe further understands that the Project is located on the east side of El Camino Real, south of the intersection of El Camino Real and La Costa A venue, addressed as 7710-7770 El Camino Real, APNs 216-124-16-17 ("Project Site"). As the City is aware through previous government-to-government consultations, this area is of significant SLR Comments Regarding the La Costa Towne Center, Carlsbad, CA Page 1 () 0 cultural importance to the Tribe and the Luisefio people due to its close proximity to known cultural resource sites and/or sacred places. As stated earlier, the Tribe has reviewed the associated environmental documents for this Project, including but not limited to the MND Initial Study Checklist for Cultural Resources (Section V) and Mitigation Measures Cultural-! and Cultural-2. Although the majority of the Tribe's concerns are addressed within the MND, several concerns still remain for the Tribe that the Tribe would like the City to address. I. THE PRESENCE OF A LUISENO NATIVE AMERICAN MONITOR DURING ALL EARTH DISTURBING ACTIVITIES IS JUSTIFIED, AND AS SUCH, LUISENO NATIVE AMERICAN MONITORS SHOULD BE CONTRACTED WITH DURING THIS PROJECT. As discussed in our previous communications, the Tribe is in agreement with the City that Luisefio Native American monitors should be utilized during ground and/or earth disturbing activities for this Project. As stated earlier, the Tribe has reviewed the MND for this Project, as well as conducted our own research of the Tribe's Sacred Land Files, and has spoken with our Tribal Elders regarding the significance of the Project Site. Several significant and sacred Native American sites are known to be within a mile radius of this Project Site, therefore it is possible that during excavation activities subsurface resources may be discovered at the Project Site. Hence, the Tribe supports the MND's Cultural Resource Mitigation Measures Cultural ("CUL- 2") in requiring the presence of a Luisefio Native American monitor. In addition, the Tribe respectfully requests that the following language of CUL-l and 2 be modified and/or amended prior to the adoption of this MND. Currently, the CUL-l states, "If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed." The Tribe suggests that the sentence and/or mitigation measure in CUL-l be clarified, and/or restated in CUL-2, that both the archaeological monitor and/or the Native American monitor may halt ground disturbing activities if a cultural resource and/or archaeological artifact deposit or cultural feature is discovered ... " It is imperative that Native American monitors share in the responsibility of temporarily halting ground disturbing activities when a cultural resource or archaeological resource are discovered in order for the resource to be properly identified and not destroyed by heavy machinery. Therefore, the Tribe respectfully requests that the language authorizing the temporary halting of ground disturbing activities be modified as herein stated. II. SLR STRONGLY RECOMMENDS AND REQUESTS THAT ADDITIONAL MEASURES OF MITIGATION BE ADOPTED BY THE CITY IN ORDER TO LESSEN ANY ADDITIONAL NEGATIVE IMPACT TO OUR KNOWN NATIVE AMERICAN CULTURAL RESOURCES. Furthermore, the Tribe strongly recommends and requests that additional measures of mitigation be adopted by the City in order to lessen any additional negative impact to our known Native American cultural resources. SLR Comments Regarding the La Costa Towne Center, Carlsbad, CA Page 2 0 A. The Tribe Must Be Consulted If A Significant Cultural Resource And/or Unique Archaeological Resource Is Discovered During Ground Disturbing Activities. If a significant cultural resource and/or unique archaeological resource are unearthed during ground disturbing activities for this Project, the Tribe respectfully requests that they be notified and consulted with in regards to the respectful and dignified treatment of those resources. The Tribe's preference will always be for avoidance and that the resource be protected and preserved in perpetuity. If however, relocation and/or a data recovery plan is authorized by the City as the Lead Agency, the Tribe respectfully requests that as a condition of any authorization, the Tribe be consulted regarding the drafting and finalization of any such recovery. These resources are evidence of our ancestors' lost history and, as such, we must have a voice and be a part of how those resources are treated and preserved for future generations. Moreover, when cultural resources are discovered during the Project, if the archaeologist collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. Additionally, if the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luisefio Native American monitor, may in their discretion, collect said resources and provide them to the Tribe for respectful and dignified treatment in accordance with the Tribe's cultural and spiritual traditions. Currently the MND is silent in regards to "what" is to happen to those items not collected, yet documented by the project archaeologist for SCIC purposes. Therefore, it is the Tribe's recommendation that these items be given to the Tribe so that they may be repatriated at the site on a later date. B. When Suspected Native American Remains Are Unearthed, Those Remains Should Remain In Situ And Protected Until The Most Likely Descendant Can Be Determined By The Native American Heritage Commission. CUL-I (second paragraph) addresses the possibility of the discovery of Native American Human Remains. If Native American remains and/or associated burial goods are unearthed during the Project, and prior to a Most Likely Descendant being determined by the Native American Heritage Commission, it is the Tribe's request that the ancestral remains be kept in situ (in place), or in a secure location in close proximity to their discovery and that a forensic anthropologist perform their analysis of the remains on-site in the presence of a Luisefio Native American monitor. Any transportation of the ancestral remains would be considered by the Tribe as disrespectful and undignified treatment. Therefore, the Tribe requests that in addition to the strict adherence to the protocol stated in the California He.alth and Safety Code Section 7050.5 and California Public Resource Code Section 5097.98, the Final MND reflect that if Native American remains are discovered, the Native American remains shall be kept in situ, or in a secure location in close proximity to where they were found, and that the analysis of the remains occur only on-site in the presence of a Luisefio Native American monitor. C. Only "Clean Fill" Should Be Utilized During This Project SLR Comments Regarding the La Costa Towne Center, Carlsbad, CA Page 3 CJ LA COSTA TOWNE CENTER-SDP 78-03(0)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 February 13, 2014 Pa e 2 If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medico/ Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. In addition, if Native American remains are discovered, the Native American remains shall be kept in situ. or in a secure location in close proximitv to where thev were found until an analysis is done on-site, in consultation with a Luiseno Notive American monitor. CUL-Z Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Luiseno Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and buriol, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground- disturbing activities unless otherwise agreed upon by the monitor and city staff. If cultural resources are encountered, the Native American monitor shall have the author/tv to temporarily halt or redirect qradlng/trench/nq while the cultural resources are documented and assessed. If the resource cannot be avoided. the Native American tribe shall be consulted regarding the testing, cataloging. drafting and finalization of the recovery of any resources. We thank you for the time to provide us comments on the La Costa Towne Center project and hope that -·;,e have addressed all of your concerns. Should you have any additional questions, please contact me at (760) 602-4621 or by email at shannon.werneke@carlsbadca.gov. Sincerely, ~w~ SHANNON WERNEKE Associate Planner SW:sm Cc: Mr. Geoff Sherman, Excel La Costa, LLC, 17140 Bernardo Center Drive, Suite 300, San Diego, CA 92128 Mr. Richard Benson, Benson & Bohl Architects, 3900 5th Avenue, Sulte 200, San Diego, CA 92103 Chris DeCerbo, Principal Planner File //-\ ' , \_.1 Comments re La Costa Towne Center Project and MND January 21,2014 Page 2 of3 0 The Project will lead to significant impacts to commtmity character, aesthetics, and land use. • The Project is inconsistent with the El Camino Real Con·idor Development Standards. The Project violates applicable standards for building height and street setback. See MND at 26. • There is insufficient evidence to support a deviation from the El Camino Real Corridor Development Standards. • Additionally, deviations are not supported by the Municipal Code. Section 21.85.100 requires an affordable housing agreement, yet there is no indication of such agreement. Section 21.85.120 requires the Project to be in conformity with "adopted goals and policies of the city," yet the Project is inconsistent with the El Camino Real Corridor Development Standards. • The MND discusses ''modifications ... to offset the cost of affordable housing," yet there is no evidence such modifications are necessary or what costs need to be offset. See Pacific Corp. v. City of Camarillo (1983) 149 Cal.App.3d 168, 178. • The MND fails to analyze applicable standards for park and recreation facilities. The Citywide Facilities and Improvements Plan and the General Plan Parks and Recreation Element each contain standards, yet, as the MND acknowledges, "the project does not include any public recreational facilities." MND at 33. The City is not currently meeting the applicable standards for park and recreation facilities in the Southeast Quadrant. As such, the addition of the Project's population will only increase the burden on already failing park and recreation facilities. The Project will lead to significant impacts to air quality. • The MND attempts to separate air emissions into four phases. MND at 23. However, it fails to account for the fact that such phases can, indeed are likely to, overlap, thereby increasing the amounts of emissions at any given time. The Project will lead to significant impacts to greenhouse gas emissions. • The MND averages construction emissions over the life of the Project. MND at 20. Such emissions should be calculated as they will actually occur, not averaged over a longer period of time. See Taxpayers for Accountable School Bond Spending v. San Diego Unified School Dist. (2013) 215 Cal.App.4th 1013, 1049. The Project will lead to significant impacts to noise. • The analysis discusses potential impacts to nearby residences but fails to address the fact that the applicable noise standards apply to the property line. See Noise Report at 17. While the MND and Noise Report discuss ,, #~ ~cARLSBAD ( () (J ( ' . - Community & Economic Development www.carlsbadca.gov February 26, 2014 Mr. Everett Delano Delanp & Delano 220 W. Grand Avenue Escondido, CA 92025 SUBJECT: SD.P 78-03{0)/SDP 13-03/SUP 1~·01/PUD 13-02/MS 13-01 -RESPONSE TO COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER Dear Mr. Delano, Thank you for your comment letter dated January 21, 2014, submitted on behalf of North County Advocates, responding to the Notice of Intent to adopt a Mitigated Negative Declaration for the La Costa· 'Towne Center project.· The following provides a list of your comments (in italic) and staffs response to the assertions made in your letter. 1. Comment: The California Environmental Quality Act ("CEQA"}, Public Resources Code § 21000 et seq., requires the preparation of an Environmental Impact Report ("EIR") whenever substantial evidence in the record supports a "fair argument" that significant environmental impacts may occur. Pub. Res. Code§ 21080(d); No 0/1, Inc. v. City atLas Angeles (1975} 13 Cal.3d. 68. ift.here is "substantial evidence that the project might have [a significant impact on the environment], but the agency failed to secure preparation of the required EIR, the agency's action is to be set aside because the agency abused its discretion by failing to proceed in a "manner required by law;'' Friends of "B" Street v. Citv of Hayward (1980} 106.Cai.App.3d 988, 1002. Here, the City should prepare an EIR before proceeding; the Project is likely to lead to several significant Impacts. Response: The Initial Study prepared for the proposed project identified potentially significant impacts on the environment. However, the proposed mitigation measures, which were agreed to by the applicant prior to the release of the Mitigated Negative Declaration (MND) for public review, would avoid or mitigate the effects to a point where no significant impact would occur [CEQA § 21080(C)(2)]. With the Implementation of the mitigation measures, the project will have no significant effect on the environment. Therefore, the preparation of an Environmental Impact Report (EIR) is not required. · 2. Comment: The MND adopts an incorrect baseline for much of its discussion, reasoning that the "existing" environment includes occupancy of the vacant Vans store. See Traffic Report at 4-1. However, CEQA specifically provides that an agency must consider the existing conditions. See Communities for a Better Environment v. South Coast Air Qua/itv Management Dist. (2010) 48 Cal.4'h 310, 322 (describing analysis that used the maximum permitted operational levels as a Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 0 . ( ( . SOP 78-03(0)/SDP 13-03/SUP -13-01/PUD 13-02/MS 13-01 -RESPONSE "rO COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 Pa e2 baseline as "illusory" comparisons that 'can only mislead the public as to the reality of the impacts and subvert the full consideration of the actual environmental impacts,' a result at direct odds with CEQA's intent"). As the MND acknowledges, the Von's store is vacant. See MND at 1. As such, the existing on-the-ground conditions do not include the use of the store. This assumption invalidates the MND's analysis of traffic, air quality, greenhouse g~s emissions and noise. impacts. Response: As noted In the comment, the "Von's store" was vacant at the time existing counts were conducted.for the traffic analysis (TIA). No artificial adjustment was made to the existing condition as studied in the TIA. The comment incorrectly refers to page 4-1 of the traffic study and implies that an adjustment was made to the existing conditions of the TIA to include the vacant Vans store. Page 4-1 of the TIA discusses the project trip generation and is used for "with project" conditions and not for establishment of the existing condition. Contrary to what the comment implies, the existing baseline condition was indeed based on the existing counts as discussed on page 3-1 of the TIA. This is consistent with CEQA Guidelines §15125, "Environmental Setting" which states that "an EIR must include a description of the physical environmental conditions in the vicinity of the project, as they existed at the time of the notice of preparation is published, or If no notice of preparation is published, at the time environmental analysis is commenced." For the La Costa Towne Center traffic study and associated environmental analysis, existing traffic counts were obtained consistent with CEQA Guidelines and formed the basis for the environmental setting in the MND. This is typical for all projects in the San Diego region. As stated in the SANTEC/ITE publication, Guidelines for Traffic impact Studies (TIS) on the San Diego Region, the existing condition should be established in the following manner: "document existing traffic volumes and peak-hour levels of service in the study area. The existing deficiencies and potential mitigation should be identified.'' The TIA did precisely this. The use of existing traffic counts for traffic studies and CEQA analysis is well established and is a correct method for establishing baseline conditions. Typically, existing traffic counts are taken mid- week both over a 24-hour period and during peak hour conditions in the AM and PM time frames. This is done to establish "average" conditions as used In the term "average daily traffic" which is utilized in the TIA. The existing baseline is intended to represent the typical condition experienced by the community. As such, a certain amount of vacancy would be expected and likely. The Institute of Transportation Engineers (ITE) statistics show that a shopping center can have rather extreme hourly, daily and monthly variations in traffic with January through April showing lower than normal traffic compared to the monthly average and December showing a much higher than · normal amount of traffic compared to the monthly average. With these· statistics in mind, the month of August and the day of the week of Wednesday were selected to conduct existing counts. Counts were taken during non-holiday weeks representing normal conditions with no· precipitation. According to ITE statistics, both the month and day of the week used are the most represent?tive of "average" conditions for a shopping center. Although the Von's store was closed at the time of the counts, the potential difference in traffic Is well within the average.41% monthly and 34;6% daily variation for a shopping center. Therefore, ·existing counts appropriately represented the typical condition at the time the NOP was prepared and environmental analysis commenced consistent with CEQA. Thus, the. baseline utilized for the subject MND is correct; therefore, the conclusions reached with respect to the traffic, air quality, greenhouse gas emission and noise analyses are valid. .< •. C) ( ( SDP 78-03(0)/SDP 13-03/SOP 13-01/PUD 13-02/MS 13-01 -RESPONSf TO COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 Pa e3 3. Comment: The project will lead to significant impacts to community character, aesthetics, and land us~. Response: As detailed In the staff responses below, as well as In the MND, there are no significant Impacts associated with community character, aesthetics or land use. a. Comment: The Project Is inconsistent with the El Camino Real Corridor Development Standards. The project violates applicable standards for building height and street setback. See MND dt 26 .. Response: As discussed on page 26 of the MND, the shopping center was developed through a Site Development Plan wherein a 10-foot-wide front yard setback was established. Pursuant to Section VI of the Development Standards, Exceptions, "The standards established here shall also not effect areas with building permits or valid site plan approvals from the City." Thus, the originally-approved Site Development Plan, which allowed for a 10-foot-wlde setback, supersedes the El Camino Real Corridor Standards. The proposed project does not encroach any closer than that which was originally permitted. In addition, as further discussed on page 26 of the MND, pursuant to CMC Section 21.85,100, modification to standards such as height can be permitted to offset the cost of affordable housing. Pursuant to CMC Section 21.85.140, such modifications are subject to approval. by the City Council through an affordable housing agreement. The requirement for an affordable housing agreement will be Included as a standard condition for the Site Development Plan for the request to construct 12 incluslonary rental units on-site. b. Comment: There is insufficient evidence to support a deviation from the El Camino Real Corridor Development Standards. Response: Pursuant to CMC Section 21.53.120(B), a site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlining zone or elsewhere provided that the project is In conformity with the general plan and adopted policies and goals of the city. As discussed in the MND (pages 25·27), the proposed project Is consistent with the General Plan and adopted policies and goals of the city. In addition, any modifications to the standards requested through the Site Development Plan for the lnclusionary housing project may supersede the El Camino Real Corridor Development Sta'ndards. Therefore, a deviation to the El Camino Real Corridor Development Standards can be supported. c. Comment: Additionally, deviations ore not supported by the Municipal Code. Section 21.85.100 requires an affordable housing agreement, yet there is no indication of such agreement. Section 21.85.120 requires the Project to be in conformity with the "adopted goals of the city, u yet the project is inconsistent with the El Camino Real Corridor Development Standards. Response: Pursuant to CMC Section 21.85.140(A), the approval and execution of an affordable housing agreement shall take place prior to. final map approval and shall be recorded upon final map recordation. Further, the affordable housing agreement shall stipulate any approved offsets by the city. In addition, pursuant to CMC Section 21.53.120(B), a site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlining zone or elsewhere SOP 78-03(0)/SDP 13-03isu/i:!-01/PUD 13-02/MS 13-01-RESPONS/ii:J COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 Pa e4 provided that the project is In conformity with the general plan and adopted policies and goals of the city_ As dlscussed'in the MND (pages 25-27), the proposed project Is consistent with the General Plan and adopted policies and goals of the city. The requirement for an affordable housing agreement will be included as a standard condition for the Site Development Plan for the request to construct 12 inclusionary rental units on-site. d. Comment: The MND discusses "modifications ... to offset the cost of affordable housing," yet there Is no evidence such modifications are necessary or what costs need to be offset. See Pacific Corp. v. Citv o(Camorlflo (1983} 149 Ca/.App.3d 168, 178. Response: As discussed in the MND, the current height limit in the C-1 zone and El Camino Real Corridor Standards is 35 feet. A modification to the height standards is necessary as the project proposes a height up to 45 feet to accommodate the mixed use project. The applicant has indicated that the construction of the affordable housing will cost approximately $1,299,720 (20 subterranean parking stalls, $84/SF) Due to the parking and minimum density (20 du/ac) requirements, as well as the existing site layout of the shopping center, an increase in height (I.e., to accommodate a 2"' and 3'' floor residential above ground floor retail use) is required to justify the .cost of con~tructing 12 inclusionary units, which will be rent-restricted. As mixed use is an encouraged use and the proposed increase in height will offset the ~ost of the inclusionary housing, staff is supportive of the request. As indicated above, the offset will be required to be specified in the affordable housing agreement whlth is subject to approval by the City Council. e. Comment: The MND falls to analyze applicable standards for park and recreation facilities. The Citywide Facilities and Improvement Plans and the General Plan Parks and Recreation Element each contain standards, yet, as the MND acknowledges, "the project does not include any public recreation facilities." MND at 33. The City Is not currently meeting the applicable standards for park and recreation facilities in the Southeast Quadrant. As such, the addition of the Project's population will only Increase the burden o.n already foiling park and recreption facilities. Response: The proposed project is not required to provide public recreation facilities on~site. As stated on page· 32 of the MND, the proposed project will be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 6. As such, a standard condition will be applied to the project which requires the payment of park-in-lieu fees as required pursuant to CMC Chapter 20.44. The fee will be collected prior to i~uance of the building permit. In addition, pursuant to the Growth Management Plan Monitoring Report for July 1, 2012- June 30, 2013 (please see link below), the city is currently meeting the applicable standards for park and recreation facilities in th~ Southeast Quadrant. http://www.carlsbadca.gov/services/departments/planning/Documents/GMMonitoringR.eport.pdf Therefore, as concluded in the MND (page 32), no impact is assessed with respect to public services. 0 SDP 78-03(0)/SDP l3-03Al:Jii 13-01/PUD 13-02/MS 13:01 -RESPON\{ TO COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 ' Pa es 4. Comment: The project will lead to significant impacts to air quality. The MND attempts to separate air emissions Into four phases. MND at 23. However, it falls to account for the fact that such phases can, Indeed are likely to, overlap, thereby increasing amounts of emissions at any given time. Response: The potential impacts to air quality are discussed on pages 1Q-13 of the MND. Pursuant to the Air Quality Technical Report prepared by Scientific Resources Associated (October, 2013), the analysis of construction emissions conducted for the project was based on the schedule of construction for the proposed project. The phasing information that was provided by the project applicant indicated that development would occur sequentially; no overlap of construction phases would occur because existing leases would require that construction be conducted sequentially. The construction for each phase provides for access and new Improvements for the tenants. The work on each phase must be complete for each segment prior to commencing the next phase. The analysis of construction Impacts was conducted using the CaiEEMod Model, which is the current air quality tool for land use projects. The CaiEEMod Model calculates maximum daily emissions for each phase, which is presented in the Air Quality Technical Report. Thus the CaiEEMod Model calculates the effect of combining construction activities such as building construction, paving, and architectural coatings to estimate maximum· daily construction for each construction phase. The CaiEEMod Model does envision a maximum daily construction scenario where both demolition and grading, which have the most use of construction equipment and therefore the highest emissions, would occur simultaneously. Therefore, the analysis presented in the Air Quality Technical Report provides a conservative estimate of maximum daily emissions during construction. As identiflea in the MND, impacts to air quality are less than significant. 5. Comment: The project will lead to significant' impacts to greenhouse gas emissions. The MND averages construction emissions over the life of the project. MND at 20. Such emissions should be calculated os they will actually occur, not averaged over a longer period of time. See Taxpayers for Accountable School Bond Spending v. San Diego Unified School Dist. (2013) 215 Ca/.App.4th 1013, 1049. Response: Table 5 of the Global Climate Change' Evaluation prepared by Scientific Resources Associated (SRA, October, 2012) presents a summary .of the total greenhouse gas emissions anticipated from construction of the project. These emissions are calculated "as they will actually occur." Pursuant to SRA, It Is standard and accepted practice throughout the state of California to amortize construction emissions over the lifetime of the project. As stated in the £valuation, amortizing construction emissions over the lifetime of the project takes into account their contribution to annualized greenhouse gas emissions. The significance threshold is based on annualized emisSions over the lifetime of the project. Furthermore, as stated in the Evaluation on Page 23, amortizing construction emissions over a 30-year period is standard practice based on written guidance from the South Coast Air Quality Management District, the City of San Diego, and the County of San Diego. As identified In the MND, impacts associated with greenhouse gas emissions are less than significant. 0 0 ( ( SOP 78-03{0)/SDP 13-03/SUP '13-01/PUD 13-02/MS 13-01 -RESPONSE 'r(i COrylMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 Pa e6 6. Comment: The project will lead to significant Impacts to noise. a. Comment: The analysis discusses potential impacts to nearby residences but fails to address the fact that the applicable noise standards apply to the property line. See Noise Report at 17. While the MND and Noise Report discuss construction noise, they fail to account for the fact that grading will occur within feet of the property line. The Project's Demolition Plan, for example, notes construction noise as close as 8.8 feet from the property line, a location that includes a public sidewalk. The Noise Report acknowledges sound levels of "typical construction equipment" can be as high as 95 dBA at 50 feet from the source." Noise Report at 13. Obviously, since the equipment will be considerably closer, the noise will by considerably greater. Response: The city does not limit construction noise levels at property lines, residences, or public property as the impacts are temporary in nature {see page 29 of MND). The proposed demolition and new construction are located a minimum linear distance of 175 feet as well as 85 feet downslope from the adjacent residential properties to the east {i.e., homes are located at an elevation of 165' above mean sea level and proposed building 7714 is located at 80' above mean sea level). As discussed on pages 28-29 of the MND, the project will be required to adhere to the standard construction hours pursuant to Section 8.48.010 of the Carlsbad Municipal Code. Specifically, construction activity and delivery of construction materials and equipment would be limited to non-holidays, between 7:00a.m. to 6:00 p.m., Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. In addition, should any issues arise, the building official, city engineer, or other official designated by the city manager may shorten the hours of construction. Further, pursuant to CMC Section 8.48.030, signs are required to be posted at the jobsite entrance indicating the hours of work as prescribed by the Municipal Code. Therefore, as concluded in the MND, the Impacts with respect to temporary noise are not significant. b. Comment: Furthermore, noise mitigation is insufficient. See Citizens for Responsible and Open Government v. City of Grand Terrace (2008) 160 Cai.AppA'• 1323, 1341 ("there is no evidence of any measures to be taken that would ensure that the noise standards would be effectively monitored and vigorously enforced"). Response: It is standard and acceptable practice to include mitigation measures with specific performance standards {I.e., compliance with interior noise thresholds). See Save Cuyama Valley v. County of Santa Barbara {2013) 213 Cai.App4th 1059, Endangered Habitats League v. County of Orange {2005) 131 Cai.App4th, 777, 993, and Preserve Wild Santee v. City of Santee {20l2) 210 Cai.App4th 260. With respect to the proposed project, the following mitigation measure is required to reduce noise impacts to a less than significant level: Prior to issuance of the building permit, an aco·ustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit Interior noise for the residential/and uses to 45 dBA and commercial land uses to 55 dBA. The building plans shall Incorporate the recommendations in the report to satisfy the requirements. 0 ( ' ' SDP 78·03{D)/SDP 13-03/SOP. 13-01/PUD 13-02/MS 13-01 -RESPONSE TO COMMENTS, MITIGATED NEGATIVE DECLARATION, LA COSTA TOWNE CENTER February 26, 2014 Pa e7 Specific enforceable performance standards with a timing mechanism are included in the above-noted mitigation measure. As indicated above, staff will be verifying that the building plans incorporate the required materials and details recommended in the noise analysis to attenuate the interior noise to 45 dBA for the residential land uses and 55 dBA for the commercial land uses. Once the building plans are approved and the buildings are constructed, the building inspectors will verify In the field that the construction conforms to the approved building plans. The verification on the building plans as well as the inspection ensures that the mitigation measure is enforced. Therefore, the noise mitigation is sufficient. 7. Comment: Additionally, the MND Inappropriately defers mitigation. Sacramento Old City Assn. v. City Council (1991} 229 Cal. App. 3d 1011, 1029. For example, the MND punts the preparation of an interior noise analysis. MND at 30. In Communities for a Better Environment v. City of Richmond {2010} 184 Cai.App.4'• 70, the court observed: Numerous cases· illustrate that reliance on tentative plans for future mitigation after completion of the CEQA process significantly undermines CEQA's goals of full disclosure and Informed decision making; and consequently, these mitigation plans have been overturned on judicial review as constituting improper deferral of environmental assessment. Response: Pursuant to Endangered Habitats League v. County of Orange {2005) 131 Ca1App4th, 777, 993, if mitigation is feasible but impractical at the time of initial project approval, it may be sufficient to specify performance criteria and make further approvals contingent on finding a way to meet them. As discussed in No. 6 above, the project specifies performance criteria to be confirmed at the time construction plans are submitted as well as a timing mechanism for enforcement of the mitigation measure, which is prior to the issuance of a building permit. Thank you for providing comments on the La Costa Towne Center project, Should you have any additional questions, please contact the project planner, Shannon Werneke, at {760) 602-4621 or by email at shannon.werneke@carlsbadca.gov. Sincerely, ~;vt DON NEU, AICP City Planner DN:SW:bd. c: Mr. Geoff Sherman, Excel La Costa, LLC, 17140 Bernardo Center Drive, Ste. 300, San Diego, CA 92128 Mr. Richard Benson, Benson & Bohl Architects, 3900 5th Avenue, Ste. 200, San Diego, CA 92103 Jane Mobaldi, Assistant City Attorney Debbie Fountain, Housing & Neighborhood Services Director Chris DeCerbo, Principal Planner Shannon Werneke, Associate Planner File Copy Data Entry