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HomeMy WebLinkAbout2014-05-07; Planning Commission; Resolution 7046 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO ALLOW FOR THE CONSTRUCTION OF A 3,412 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON STREET, SOUTH OF LAS FLORES DRIVE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DE ANDA RESIDENCE CASE NO.: CDP 13-30 WHEREAS, Veronica De Anda, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portion of Tract No. 3 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 1719 filed in the Office of the County Recorder of San Diego County, June 20, 1921, more particularly described as follows: Beginning at the Southeasterly corner of Parcel 1 described in Deed to Leo S. Karlyn, recorded August 7, 1991, as Document No. 91-0398331 of Official Records, thence along the Southerly Line of said Parcel 1 and the Southerly Line of Parcel 2 of said Deed North 89°27’37” West, 230.29 feet to the Westerly Line of Parcel 2 of said Deed; thence along said Westerly Line North 19°15’50” East,, 79.19 feet; thence South 89°27’37” East, 204.88 feet to the Easterly Line of Parcel of said deed; thence along said Easterly Line South 0°32’42” West, 75.00 feet to the point of beginning (“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 May 7, 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: PLANNING COMMISSION RESOLUTION NO. 7046 PC RESO NO. 7046 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Reporting Program, Exhibit “MND,” according to Exhibits “Notice of Intent (NOI),” “Environmental Impact Assessment Form – Initial Study (EIA),” and Addendum, Exhibit “ADDM,” attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for DE ANDA RESIDENCE – CDP 13-30, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 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 of the exaction is in rough proportionality to the impact caused by the project. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village 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. . . . . . . . . . . . . . . . Planning Division 1635 Faraday Ave.  Carlsbad, CA 92008  760-602-4600  760-602-8558 fax www.carlsbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION PROJECT NAME: De Anda Residence PROJECT NO: CDP 13-30/CDP 13-31 PROJECT LOCATION: West side of Jefferson Street, just south of Las Flores Drive in the City of Carlsbad, County of San Diego PROJECT DESCRIPTION: The project is a request for approval of a Coastal Development Permit to construct a 3,412 square foot single-family residence with an attached two-car garage, and an attached 640 square foot second dwelling unit with a one-car garage. The project site is a .38 acre parcel located on the west side of Jefferson Street along the south shore of the Buena Vista Lagoon. The Buena Vista Lagoon is identified in the City of Carlsbad Habitat Management Plan as an existing hardline preserve area. Surrounding land uses include a vacant property to the north with approvals to construct a single-family home, a single-family home to the south, Jefferson Street and single-family homes to the east, and the Buena Vista Lagoon to the west. Topography of the site consists of a flat area adjacent to Jefferson Street and steep slope leading down to the lagoon. Elevations on site range from approximately 14 feet above mean sea level near the western site boundary to approximately 65 feet along the eastern site boundary. The .38 acre project site consists of primarily undeveloped land supporting .01 acres of southern willow scrub, .26 acres of non-native grassland, .03 acres of non-native vegetation, .06 acres of disturbed land, and .02 acres of developed land (concrete pad). Southern willow scrub lies within a proposed 100 foot wetland buffer which would eliminate any impacts to the native vegetation. The project will impact non- native grassland and grassland which will be mitigated in accordance with the City of Carlsbad’s Habitat Management Plan (HMP). The 100 foot buffer area will be planted with native plants and an open space easement will be recorded against the property to restrict future development. 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 Austin Silva at the address listed below or via email to austin.silva@carlsbadca.gov. Comments must be received within 30 days of the 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. If you have any questions, please call Austin Silva in the Planning Division at (760) 602-4631. PUBLIC REVIEW PERIOD February 11, 2014 – March 13, 2014 PUBLISH DATE February 11, 2014 Initial Study June 2013 -1- Initial Study 1. PROJECT NAME: De Anda Residence 2. PROJECT NO: CDP 13-30/CDP 13-31 3. LEAD AGENCY: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 4. PROJECT APPLICANT: Beery Group, Inc. John Beery 2091 Las Palmas Drive, Suite D Carlsbad, CA 92011 5. LEAD AGENCY CONTACT PERSON: Austin Silva, Assistant Planner, 760-602-4631, Austin.silva@carlsbadca.gov 6. PROJECT LOCATION: West side of Jefferson Street, just south of Las Flores in the City of Carlsbad, County of San Diego, (APN ) 7. GENERAL PLAN LAND USE DESIGNATION: Residential Medium-High Density (RMH) 8. ZONING: R-3 (Multiple-Family Residential) 9. PROJECT DESCRIPTION: The project is a request for approval of a Coastal Development Permit to construct a 3,412 square foot single-family residence with an attached two-car garage, and an attached 640 square foot second dwelling unit with a one-car garage. The project site is a .38 acre parcel located on the west side of Jefferson Street along the south shore of the Buena Vista Lagoon. The Buena Vista Lagoon is identified in the City of Carlsbad Habitat Management Plan as an existing hardline preserve area. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: Topography of the site consists of a flat area adjacent to Jefferson Street and steep slope leading down to the lagoon. Elevations on site range from approximately 14 feet above mean sea level near the western site boundary to approximately 65 feet along the eastern site boundary. The .38 acre project site consists of primarily undeveloped land supporting .01 acres of southern willow scrub, .26 acres of non-native grassland, .03 acres of non-native vegetation, .06 acres of disturbed land, and .02 acres of developed land (concrete pad). Southern willow scrub lies within a proposed 100 foot wetland buffer which would eliminate any impacts to the native vegetation. The project will impact non-native grassland and grassland which will be mitigated in accordance with the City of Carlsbad’s Habitat Management Plan (HMP). The 100 foot buffer area will be planted with native plants and an open space easement will be recorded against the property to restrict future development. Surrounding land uses include a vacant property to the north with approvals to construct a single- family home, a single-family home to the south, Jefferson Street and single-family homes to the east, and the Buena Vista Lagoon to the west. 11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements): California Coastal Commission 12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None 13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: DEANDA RESIDENCE COP 13-30/13-31 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. D Aesthetics D Greenhouse Gas Emissions D Population & Housing D Agriculture & Forestry Resources D Hazards/Hazardous Materials D Public Services D Air Quality D Hydrology/Water Quality D Recreation 181 Biological Resources D land Use & Planning D Transportation/Traffic 181 Cultural Resources D Mineral Resources D Utilities & Service Systems D Geology/Soils D Noise D Mandatory Findings of Significance 14. PREPARATION: The Initial Study for the subject project was prepared by: Austi~sis~er Z-/0:: :1-<'l'f June 2013 -2-Initial Study DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -4- Initial Study EVALUATION OF ENVIRONMENTAL IMPACTS: 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 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 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. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -5- Initial Study I. AESTHETICS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? ☐ ☐ ☐ ☒ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ☐ ☐ ☒ ☐ d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? ☐ ☐ ☐ ☒ a, c) Less than Significant Impact. A single-family home is proposed for construction on a vacant parcel of land with westerly views of the Buena Vista Lagoon and the Pacific Ocean. These views are currently visible from the Jefferson Street frontage. While the proposed development will partially block these existing views, the project is not considered to have a substantially adverse effect on a scenic vista given that the area is not identified in either the Local Coastal Program or the City of Carlsbad’s General Plan as such. Additionally, the property has a General Plan Land Use designation of RMH (Residential Medium-High Density) and is zoned R- 3 (Multi-Family Residential), which would allow development at a density of 8 to 15 dwelling units per acre with a maximum building height of 35 feet. The proposed single-family home is 22 feet tall as measured from the front of the house viewed from Jefferson Street. Surrounding land uses are consistent with the proposed development both in scale and use. Development of the site will not adversely affect scenic vistas or substantially degrade the existing visual character or quality of the site and its surroundings. b) No Impact. The proposed project is not located adjacent to any state scenic highways, nor are there any rock outcroppings or historic buildings on-site. Southern willow scrub, consisting of .01 acres in size, is located on the northwest corner of the site. The trees however are located outside of the development area and will not be impacted by the project. Therefore, no scenic resources will be damaged as a result of the proposed project. d) No Impact. The proposed use is consistent with the surrounding single-family residential uses and will be designed similar to surrounding single-family residential uses such that it does not contribute a significant amount of light or glare. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -6- Initial Study II. AGRICULTURAL AND FOREST RESOURCES * Would the project: Potentially Significant Impact Less than 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 of the California Resources Agency, to non-agricultural use? ☐ ☐ ☐ ☒ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☐ ☐ ☐ ☒ 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? ☐ ☐ ☐ ☒ * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources 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. There will be no impacts to agricultural resources since the site is not designated, nor has it been historically or currently used for farmland. The proposed project is consistent with the City of Carlsbad’s General Plan. The subject site is zoned R-3 (Multiple-Family Residential) and is not subject to a Williamson Act Contract. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. The General Plan Land Use designation is Residential Medium-High Density (RMH), which anticipates one-family, two-family and multiple-family residential development. Given the steep slopes, surrounding residential development and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -7- Initial Study 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? ☐ ☐ ☐ ☒ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ☐ ☐ ☒ ☐ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ☐ ☐ ☒ ☐ d) Expose sensitive receptors to substantial pollutant concentrations? ☐ ☐ ☐ ☒ e) Create objectionable odors affecting a substantial number of people? ☐ ☐ ☐ ☒ * 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. The project site is located in the San Diego Air Basin which is currently designated as a nonattainment area for the state standard for PM10, 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. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -8- Initial Study standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following:  Is a regional air quality plan being implemented in the project area?  Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. 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. b) Less 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 PM10 concentration exceeded the state standard in 2009, but not in 2010 or 2011; and the federal standard for PM10 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. The project would involve minimal short-term emissions associated with grading and construction. 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 emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially 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) No Impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -9- Initial Study 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? ☐ ☒ ☐ ☐ b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? ☐ ☒ ☐ ☐ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ☐ ☒ ☐ ☐ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ☐ ☐ ☒ ☐ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ☐ ☐ ☒ ☐ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ☐ ☒ ☐ ☐ a, b, c, & f) Less than Significant with Mitigation Incorporated. The proposed project is a single-family home located adjacent to the south shore of the Buena Vista Lagoon, which is identified in the City of Carlsbad’s Habitat Management Plan (HMP) as an existing hardline preserve area. The project site is identified in the HMP as being development area. The project site is not located within an existing or proposed HMP hardline preserve area or a proposed HMP standards area. The project is designed to be consistent with the HMP. The HMP Zone 1 conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including a no net loss of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone. A 100-foot buffer is required for all wetland/riparian habitats between preserved habitats and development. A Biological Resources Report was prepared by Helix Environmental Planning, Inc. on August 5, 2013 (VDA- 01). This report indicates that the project site contains primarily undeveloped land supporting .01 acres of southern willow scrub, .26 acres of non-native grassland, .03 acres of non-native vegetation, .06 acres of disturbed land, and .02 acres of developed land (concrete pad). Southern willow scrub lies within a proposed 100 foot wetland buffer which would eliminate any impacts to the native vegetation. The project will impact non-native grassland and grassland which will be mitigated in accordance with the City of Carlsbad’s Habitat Management Plan (HMP). The 100 foot buffer area will be planted with native plants and an open space easement will be recorded against the property to restrict future development. The proposed development DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -10- Initial Study will impact both non-native grasslands and disturbed land. There will be no impacts to the southern willow scrub which is located within a proposed (required) 100 foot wetland buffer adjacent to the lagoon. The HMP allows impacts to non-native grassland, non-native vegetation, and disturbed land to be mitigated through the payment of an in-lieu mitigation fee. Sensitive Plant and Wildlife Species The biological resources report also indicates that no Federal, State, or HMP sensitive plant or animal species were observed on site. Focused surveys for rare plants and sensitive animal species were not conducted as part of the survey and report. Rather, a general biological survey was conducted on the site. However, a listing of sensitive species with a “potential to occur” on the property was determined through searches of the California Department of Fish and Wildlife (CDFW), California Natural Diversity Database (CNDDB), and U.S. Fish and Wildlife Service (USFWS) sensitive species database. The 18 plants and animals listed in the HMP as narrow endemic species were included in this search. A majority of the plant species identified in the report were listed as having a very low potential to occur on site. The majority of the animal species identified in the report were listed as having a very low potential to occur on site due to the poor quality of existing habitat and the sites isolation as a result of development on three sides, and the Buena Vista Lagoon on the other. Sensitive Vegetation Communities/Wetland Habitat The biological resources report identified an area of.01 acres of southern willow scrub located along the northwest portion of the property adjacent to the lagoon. Southern willow scrub is identified in the HMP as a sensitive vegetation community. The area of southern willow scrub occurring on site is considered potential USACE, CDFW and Carlsbad LCP jurisdictional wetland and riparian habitat. However, only the regulating agencies can make a final determination of jurisdictional boundaries. The HMP Zone 1 conservation goals require a no net loss of wetland habitat. To mitigate any potential impact to the wetland area, the project has been designed in accordance with the Local Coastal Program and the city’s HMP to provide a 100 foot buffer between the wetland habitat area and project development. Furthermore, an open space easement will be placed over the 100 foot wetland buffer between the wetland habitat area to preclude any future development of this area, which will also be planted with native plant species as required in the biological resources report. Indirect Impact The project site is located adjacent to the Buena Vista Lagoon, which is considered an existing HMP Hardline Preserve area. In order to minimize edge effects, the following standards have been incorporated into the project as mitigation to reduce indirect impacts to a level considered less than significant: 1. Buffers and Fuel Modification Zones: Buffers shall be provided between preserved areas and development. The minimum buffer width for riparian areas is 50 feet and wetlands require a 100- foot buffer width. No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area with two exceptions: no fuel modification shall take place within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within the 15 feet closest to the development provided it is consistent with the preservation goals of the preserved habitat and appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped with native plants. Signage and barriers shall be required to minimize edge effects. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -11- Initial Study 2. Grading and Landscaping Requirements: Grading activity shall be prohibited during the rainy season (October 1 to April 1). The City Engineer may extend the October 1 deadline if specific provisions are met regarding special erosion control measures. A coastal development permit or permit amendment would allow grading activities during the winter if resource agencies prohibit grading on site during the summer to protect endangered or rare species. All graded areas shall have temporary or permanent landscaping installed prior to October 1 and shall be maintained and replanted if not well established by December 1 following the initial planting. 3. Bird Nesting: In order to comply with the California Fish and Wildlife Code, the project shall clear vegetation outside of the nesting bird season (generally February 1 through August 31), or that a preconstruction nesting bird survey be conducted within three days prior to any clearing, grubbing, or grading activities. The pre-construction nesting bird survey would identify the locations of any active nests within the proposed development area. Active nests would need to be avoided until the young have fledged or the nest is otherwise abandoned. In addition, the 100 foot wetland buffer area between the HMP preserve and development will need to be protected by an open space easement to preclude any future development of this area. The conditioned mitigation will result in a less than significant impact to biological resources. d, e) Less Than Significant Impact. The project site is located within Local Facility Management Zone (LFMZ) 1 and just outside of the Core Area 1 boundary of the HMP. Core 1 consists of the Buena Vista Lagoon and adjoining wetland and upland habitats. The Buena Vista Lagoon and its surrounding vegetation provide habitat for critical populations of the California least tern, western snowy plover, light-footed clapper rail, American peregrine falcon, California brown pelican, white-faced ibis and the southwestern pond turtle. As a result, the lagoon and its associated vegetation have been designated as a “Hardline Preserve Area” by the City of Carlsbad and “Conserved Lands” by the CDFW. However, the project site is located outside of, but adjacent to the “Hardline Preserve Area.” Pursuant to the Carlsbad HMP, LFMZ is almost entirely developed, containing scattered fragments of natural vegetation, including major and critical strand of riparian habitat and scattered patches of coastal sage scrub, non-native grassland, maritime succulent scrub, salt marsh, and freshwater marsh. Several HMP Conservation Goals for LFMZ 1 are applicable to the project: a) No net loss of wetland habitat. b) Preserving coastal sage scrub and maritime succulent scrub adjacent to the Buena Vista Lagoon c) Retaining and managing natural habitats adjacent to the lagoons to buffer wetland resources from adverse effects and to provide upland nesting habitat for pond turtles and other HMP species. The proposed project has taken these goals into consideration and is avoiding the small amount of wetland habitat that occurs on site. A 100 foot buffer between the wetlands and the development area has been incorporated into the project design. Although the project site is located adjacent to an existing HMP Hardline Preserve area, it is identified in the biological resources report as being in a highly disturbed state and located adjacent to developed properties on three sides. As such, the property is of limited value to wildlife, and the habitat on site is not expected to provide suitable nesting habitat for HMP species. Therefore, project associated impacts are considered to be less than significant. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -12- Initial Study 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? ☐ ☒ ☐ ☐ 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? ☐ ☒ ☐ ☐ a, b & d) Less than Significant with Mitigation Incorporated. A Cultural Resources Study was prepared on July 16, 2013 by ASM Affiliates, Inc. The study was conducted in accordance with CEQA to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. A records search requested from the South Coastal Information Center (SCIC) identified that a prehistoric site (CA-SDI-8455) is located adjacent to the project boundaries. A field survey was conducted on the site, but failed to produce any evidence of archaeological materials within the project area. The report indicates there is a minimal potential still remaining that the proposed project could disturb elements of SDI-8455 that may be buried beneath the fill slope. Consequently, it is required that archaeological monitoring by a qualified archeologist is required during construction in order to identify previously unidentified subsurface cultural deposits. Monitoring is recommended during initial ground disturbance including soil testing, soil remediation, and the initial grading. In the event that cultural resources are encountered, all work should cease in the vicinity of the discovery until a qualified archaeologist has evaluated the resource to determine significance. Monitoring will not be required for non-native fill soils or after initial grading. Implementation of the mitigation measures recommended in the cultural resources study will reduce project associated impacts to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. A Paleontological Resource Assessment was prepared on July 15, 2013 by the Department of Paleoservices, San Diego Natural History Museum. According to the report, the project site is underlain by geologic deposits mapped as Pleistocene-age marine terrace deposits and Eocene-age strata of the Sespe Formation. There are no previous records of fossil localites occurring within the Pleistocene marine terrace deposits on the south side of the Buena Vista Lagoon. Although, there are recorded paleontological collecting sites in correlative deposits to the north of the project site. There are several recorded fossil collecting sites from the Sespe Formation located southwest of the project site in the sea cliffs of north Carlsbad. Another recorded fossil collecting site is known from a residential housing development along the north side of the San Luis Rey River Valley in Oceanside. The Pleistocene-marine terrace and Sespe Formation are both assigned a high paleontological resource sensitivity rating because of previous records and the following of the paleontological guidelines developed by the County of San Diego. Because of this, the report recommends a mitigation program which includes a paleontologist attending the pre-construction meeting, full-time paleontological monitoring of the mass grading and excavation activities by a qualified paleontologist, proper fossil recovery techniques if discovered, and a final summary report that outlines the results of the mitigation program. Implementation of the recommended mitigation measures will reduce the project impacts to a level of less than significant. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -13- Initial Study 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. ☐ ☐ ☐ ☒ ii. Strong seismic ground shaking? ☐ ☐ ☒ ☐ iii. Seismic-related ground failure, including liquefaction? ☐ ☐ ☒ ☐ iv. Landslides? ☐ ☐ ☒ ☐ b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? ☐ ☐ ☒ ☐ d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? ☐ ☐ ☒ ☐ e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ☐ ☐ ☐ ☒ a.i) No Impact. There are no Alquist-Priolo earthquake fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the city. No impact assessed. a.ii.-a.iv & c) Less Than Significant Impact. There are no Alquist-Priolo earthquake fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the city. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. A geotechnical update and review (W.O. 6612-A-SC) of the site was prepared by GeoSoils, Inc. on October 28, 2013 after previous studies of the site in 1993, 2003, and 2008. The reports identified the site as having a relatively low exposure to seismic risks (i.e. liquefaction, surface rupture, etc.), and did not find any evidence of slope instability (i.e., slope creep, surficial failures, or deep- seated landslides). All existing artificial fill, colluvium/topsoil materials, and near surface weathered terrace deposits will require removal and recompaction in accordance with the recommendations outlined within the referenced reports. The site is suitable for the proposed project, and will not expose people or structures to geotechnical related hazards. b) Less Than Significant Impact. Grading of the site is primarily restricted to the footprint of the home. Some grading is anticipated around the border of the home to allow for guest parking, front yard improvements, DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -14- Initial Study and a pool in the rear yard. The perimeter of the home will be landscaped and a majority of the drainage from the site will be directed towards Jefferson Street by directing runoff from the roof into the drainage patterns towards the street. The remainder of the runoff towards the rear of the graded pad area will be directed into bioretention areas and then through three rip-rap energy dissipaters which will assist in preventing the loss of top soil. Therefore, impacts to soil erosion or loss of top soil are considered to be less than significant. d) Less Than Significant Impact. The geotechnical update and review indicates that existing artificial fill and colluvium/topsoil materials will require removal and re-compaction in accordance with the recommendations of the reports. Onsite soils are considered very low to low in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be feasible from a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. Standard conditions of approval require implementation of the recommendations included in the geotechnical update and review. Therefore, impacts are considered to be less than significant. 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. No impact assessed. 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 project is expected to generate GHG emissions in the short-term as a result of construction emissions and in the long-term as a result of automobile trips and energy consumption. The California Air Pollution Control Officers Association (CAPCOA) published a white paper with a suggested significance screening threshold criteria of 900 metric tons of GHGs. While the proposed project is expected to generate some short-term and long-term GHG emissions that could contribute directly and indirectly to the environment, the total GHG emissions generated by the project, combined with the state and federal reduction measures are not considered significant. Therefore, impacts from GHG emissions on the environment are considered to be less than significant. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -15- Initial Study 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? ☐ ☐ ☐ ☒ b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ☐ ☐ ☐ ☒ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ☐ ☐ ☐ ☒ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? ☐ ☐ ☐ ☒ e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ☐ ☐ ☐ ☒ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ☐ ☐ ☐ ☒ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☒ h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ☐ ☐ ☐ ☒ a-h) No Impact. The project is a single-family home, which does not involve the transport or storage of hazardous materials. The site is not listed as a hazardous materials site. The proposed home is designed with fire rated construction and sprinklers to reduce the risk of loss, injury or death resulting from wildland fires. The project, which is approximately 4.5 miles northwest of the McClellan-Palomar Airport and well outside of the Airport Influence Area, will not expose people to airport safety hazards. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -16- Initial Study IX. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements? ☐ ☐ ☒ ☐ b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ☐ ☐ ☐ ☒ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? ☐ ☐ ☒ ☐ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? ☐ ☐ ☒ ☐ e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ☐ ☐ ☒ ☐ f) Otherwise substantially degrade water quality? ☐ ☐ ☒ ☐ g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? ☐ ☐ ☐ ☒ h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? ☐ ☐ ☐ ☒ i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ☐ ☐ ☐ ☒ j) Inundation by seiche, tsunami, or mudflow? ☐ ☐ ☒ ☐ a) Less than Significant Impact. The subject property is required to comply with all federal, state and local water quality regulations, including the Clean Water Act (California Administrative Code Title 23). The project will comply with the National Pollution Discharge Elimination System (NPDES) requirements. The project will implement specific erosion control measures and Storm Water Management techniques to protect the downstream water quality of Buena Vista Lagoon. These include the use of bioretention areas and rip-rap energy dissipaters. The storm water management plan will ensure acceptable water quality standards will be maintained both during the construction phase as well as post-development. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -17- Initial Study b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines that are adjacent to the site. No impact assessed. c-e) Less Than Significant Impact. Grading of the site consists of 26 cubic yards of export dirt from the .38 acre site. No streams or rivers are present on the site. The project is designed to match the historical drainage pattern of the site, with the exception of grading for the footprint of the home. Storm runoff generated from the roof of the home and driveway will be directed towards Jefferson street to the maximum extent possible. A portion of the driveway is proposed to be constructed of permeable pavers to reduce off-site runoff. All other drainage will be routed through vegetated bio-swales to eliminate pollutants of concern. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patters, cause substantial erosion or flooding, or significantly impact the capacity of storm water drainage systems. f) Less Than Significant Impact. Construction of the proposed project improvements will comply with all federal, state and local water quality agency regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of an erosion control plan. The erosion control plan will employ grading construction BMPs which will reduce temporary impacts on water quality. In addition, a storm water management plan (SWMP) was prepared for the project by Sampo Engineering, Inc., dated September 25, 2013. Through implementation of the recommended site design and source control BMPs, post construction impacts to water quality will be mitigated. Therefore, the project will not result in permanent or long term degradation of water quality and impacts are considered to be less than significant. g-i) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood Insurance Rate Map, Map No. 06073C0761G, May 16, 2013. Therefore, the proposed project will not result in the placement of housing or structures within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any dam failure inundation area. No impact assessed. j) Less Than Significant Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, and based on historical events, and the generally accepted and favorable geologic and seismic conditions along the San Diego County Coastline, the potential for damage to the project site caused by tsunamis or seiches is considered to be low. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -18- Initial Study 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? ☐ ☐ ☐ ☒ a-c) No Impact. The project is a single-family residence and second dwelling unit consistent with the surrounding land use. The site does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The project is consistent with both the City of Carlsbad General Plan and the Local Coastal Program Land Use designations. The General Plan Land Use designation is RMH (Residential Medium High Density). RMH anticipates two-family and multiple –family dwellings at 8 to 15 dwelling units per acre, but allows single- family dwellings that fall below the minimum density range when a single, one-family dwelling is constructed on a legal lot that existed as of October 28, 2004. The subject lot was created prior to October 28, 2004 and, therefore is consistent with the General Plan. The Local Coastal Land Use designation RLM (Residential Low- Medium Density). RLM anticipates single-family residences at 0 to 4 dwelling units per acre. The project proposes one single-family residence, and therefore is consistent with the RLM land use designation. The project is consistent with the City of Carlsbad Habitat Management Plan and does not conflict with any applicable plans or policies. No impact assessed. XI. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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) DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -19- Initial Study XII. NOISE Would the project result in: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? ☐ ☐ ☐ ☒ b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? ☐ ☐ ☒ ☐ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ☐ ☐ ☐ ☒ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ☐ ☐ ☒ ☐ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ☐ ☐ ☐ ☒ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ☐ ☐ ☐ ☒ b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family residence will result in temporary and a minor increase in ground borne vibration and ambient noise levels. Following the end of the grading, the ambient noise level and vibrations are expected to return to pre- existing levels. a, c, e, & f) No Impact. The project consists of a single-family dwelling which is consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels which exceed the established standards. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -20- Initial Study XIII. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ☐ ☐ ☐ ☒ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ a-c) No Impact. The project is one single-family dwelling unit, which is consistent with the surrounding land uses. The area surrounding the proposed development is designated for residential development and was analyzed in the city’s Growth Management Plan accordingly. The density of the proposed development is consistent with the City of Carlsbad’s General Plan. No impact 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 of the public services: i. Fire protection? ☐ ☐ ☐ ☒ ii. Police protection? ☐ ☐ ☐ ☒ iii. Schools? ☐ ☐ ☐ ☒ iv. Parks? ☐ ☐ ☐ ☒ v. Other public facilities? ☐ ☐ ☐ ☒ a) No Impact. The project’s size of one single-family dwelling unit is consistent with the General Plan and surrounding land uses, and therefore will not affect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 1. Therefore, no significant public service impacts will occur as a result of this project. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -21- Initial Study 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 of the facility would occur or be accelerated? ☐ ☐ ☐ ☒ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ☐ ☐ ☐ ☒ a-b) No Impact. The project’s size of one single-family dwelling unit will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. Therefore, no adverse physical effect on the environment will occur as a result of this project. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -22- Initial Study XVI. TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ☐ ☐ ☒ ☐ b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ☐ ☐ ☐ ☒ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ☐ ☐ ☐ ☒ d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ☐ ☐ ☐ ☒ e) Result in inadequate emergency access? ☐ ☐ ☐ ☒ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ☐ ☐ ☐ ☒ a) Less than Significant Impact. The project will generate 20 Average Daily Trips (ADT) and 4 peak hour trips which is not substantial in relation to the existing traffic load and capacity of the street system. 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. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered less than significant. 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. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to 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 assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -23- Initial Study e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The project is located along the west side of Jefferson Street and is served by the North County Transit District (NCTD) bus route 322. The proposed single-family dwelling unit will not conflict with any adopted policies, plans, or programs supporting alternative transportation. No impact 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? ☐ ☐ ☐ ☒ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? ☐ ☐ ☐ ☒ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ☐ ☐ ☐ ☒ d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ☐ ☐ ☐ ☒ e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ☐ ☐ ☐ ☒ f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? ☐ ☐ ☐ ☒ g) Comply with federal, state, and local statutes and regulations related to solid waste? ☐ ☐ ☐ ☒ a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 1 LFMP anticipated that the project site would be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities have been planned and designed to accommodate the growth projections for the city at build out. The proposed development on the site will increase the demand for these facilities. However, the proposed density is less than originally anticipated for this site and will not result in an overall increase in the city’s growth projection in the NW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -24- Initial Study 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 of the major periods of California history or prehistory? ☐ ☐ ☒ ☐ 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?) ☐ ☐ ☒ ☐ c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? ☐ ☐ ☐ ☒ a) Less than Significant Impact. The proposed project’s mitigation, as outlined in the Biological Resources section of this study, will preclude any possible degrading of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The project is consistent with the MCHP guidelines and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive uplands, and plant and wildlife species. Furthermore, the project’s required mitigation as outlined in the Cultural Resourced section of this report will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. b) Less Than Significant. 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, 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. There is a regional issue that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. That issue is air quality. As described above, air quality would essentially be the same whether or not the development is constructed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -25- Initial Study 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) No Impact. Based upon the residential nature of the project and that future development of the site will comply with city standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -26- Initial Study XIX. LIST OF MITIGATION MEASURES (if applicable) 1. Paleontological mitigation measures shall be implemented as follows: a) A qualified paleontologist should attend the pre-construction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the county for at least one year.) b) A paleontological monitor should be on-site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils. Because of the destructive nature of surface weathering processes, only the deeper (i.e. > five feet deep) excavations into the Pleistocene marine terrace deposits should be monitored full-time. In contrast, any excavations extending below elevation 46 feet and impacting the Sespe Formation should be monitored full-time (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor should work under the direction of a qualified paleontologist.) c) When fossils are discovered, the paleontologist (or paleontological monitor) should recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) should be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. d) Fossil remains collected during monitoring and salvage should be cleaned, repaired, sorted, and cataloged as part of the mitigation program. e) Prepared fossils, along with copies of all pertinent field notes, photos, and maps, should be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils should be accompanied by financial support for initial specimen storage. f) A final summery report should be completed that outlines the results of the mitigation program. This report should include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance or recovered fossils. 2. Archeological mitigation measures shall be implemented as follows: a) Archeological monitoring by a qualified archeologist is required during construction in order to identify previously unidentified subsurface cultural deposits. Monitoring is recommended during initial ground disturbance including soil testing, soil remediation, and the initial grading. In the event that cultural resources are encountered, all work should cease in the vicinity of the discovery until a qualified archaeologist has evaluated the resource to determine significance. Monitoring will not be required for non-native fill soils or after initial grading. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -27- Initial Study 3. The following biological resource mitigation measures shall be implemented: a) Prior to issuance of a grading permit, mitigation for impacts to .26 acres of Group E Non-Native Grassland, and .06 acres of Group F Disturbed Land shall be mitigated by payment of an in-lieu mitigation fee. b) Prior to issuance of a grading permit, the 100 foot wetland buffer shall be placed within a dedicated open space easement. c) Buffer areas that do not contain native habitat shall be landscaped with native plants. Signage and barriers shall be provided to minimize edge effects. d) No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area with two exceptions: no fuel modification shall take place within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within the 15 feet closest to the development provided it is consistent with the preservation goals of the preserved habitat and appropriate measures are taken for physical separation from sensitive areas. e) Grading activity shall be prohibited during the rainy season (October 1 to April 1). All graded areas shall have temporary or permanent landscaping installed prior to October 1 and shall be maintained and replanted if not well established by December 1 following the initial planting. f) Vegetation shall be cleared outside of the nesting bird season (generally February 1 through August 31), or a preconstruction nesting bird survey shall be conducted within three days prior to any clearing, grubbing, or grading activities. The pre-construction nesting bird survey would identify the locations of any active nests within the proposed development area. Active nests would need to be avoided until the young have fledged or the nest is otherwise abandoned. g) Lighting in the back yard adjacent to the HMP Preserve shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the building plans. DE ANDA RESIDENCE CDP 13-30/13-31 June 2013 -28- Initial Study 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 of Carlsbad Planning Division, March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated 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, final approval dated 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 of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992. 7. Flood Insurance Rate Map, No. 06073C0761G, May 16, 2013. 8. Biological Resources Letter Report (VDA-01), Helix Environmental Planning, Inc., August 5, 2013. 9. Storm Water Management Plan, De Anda Residence, Sampo Engineering, Inc., September 25, 2013. 10. Geotechnical Update and Review (W.O. 6612-A-SC), GeoSoils, Inc., October 28, 2013. 11. Paleontological Resource Assessment, De Anda Residence, Department of Paleoservices, San Diego Natural History Museum, July 16, 2013. 12. Cultural Resource Assessment for the De Anda Residence Project, ASM Affiliates, July 16, 2013. 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 Mitigation Monitoring and Reporting Program PROJECT NAME: DE ANDA RESIDENCE PROJECT NO: CDP 13-30/CDP 13-31 APPROVAL DATE/RESOULTION NUMBER(S): May 7, 2014; Resolution No. 7047 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 Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks PALEO-1 1. Paleontological mitigation measures shall be implemented as follows: a) A qualified paleontologist shall attend the pre-construction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the county for at least one year.) b) A paleontological monitor shall be on-site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils. Because of the destructive nature of surface weathering processes, only the deeper (i.e. > five feet deep) Project Planning/Eng PROJECT NAME: DE ANDA RESIDENCE PROJECT NUMBER: CDP 13-30/CDP 13-31 Mitigation Monitoring and Reporting Program Page 2 of 4 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks excavations into the Pleistocene marine terrace deposits should be monitored full-time. In contrast, any excavations extending below elevation 46 feet and impacting the Sespe Formation should be monitored full-time (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor should work under the direction of a qualified paleontologist.) c) When fossils are discovered, the paleontologist (or paleontological monitor) should recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) should be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. d) Fossil remains collected during monitoring and salvage should be cleaned, repaired, sorted, and cataloged as part of the mitigation program. e) Prepared fossils, along with copies of all pertinent field notes, photos, and maps, should be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils should be accompanied by financial support for initial specimen storage. PROJECT NAME: DE ANDA RESIDENCE PROJECT NUMBER: CDP 13-30/CDP 13-31 Mitigation Monitoring and Reporting Program Page 3 of 4 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks f) A final summery report should be completed that outlines the results of the mitigation program. This report should include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance or recovered fossils. CUL-01 Archeological mitigation measures shall be implemented as follows: a) Archeological monitoring by a qualified archeologist is required during construction in order to identify previously unidentified subsurface cultural deposits. Monitoring is required during initial ground disturbance including soil testing, soil remediation, and the initial grading. In the event that cultural resources are encountered, all work should cease in the vicinity of the discovery until a qualified archaeologist has evaluated the resource to determine significance. Monitoring will not be required for non- native fill soils or after initial grading. Project Planning/Eng BIO-1 The following biological resource mitigation measures shall be implemented: a) Prior to issuance of a grading permit, mitigation for impacts to .26 acres of Group E Non-Native Grassland, and .06 acres of Group F Disturbed Land shall be mitigated by payment of an in-lieu mitigation fee. b) Prior to issuance of a grading permit, the 100 foot wetland buffer shall be placed within a dedicated open space easement. c) Buffer areas that do not contain native habitat shall be landscaped with native plants. Signage and barriers shall be provided to minimize edge effects. Project Planning PROJECT NAME: DE ANDA RESIDENCE PROJECT NUMBER: CDP 13-30/CDP 13-31 Mitigation Monitoring and Reporting Program Page 4 of 4 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks d) No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area with two exceptions: no fuel modification shall take place within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within the 15 feet closest to the development provided it is consistent with the preservation goals of the preserved habitat and appropriate measures are taken for physical separation from sensitive areas. e) Grading activity shall be prohibited during the rainy season (October 1 to April 1). All graded areas shall have temporary or permanent landscaping installed prior to October 1 and shall be maintained and replanted if not well established by December 1 following the initial planting. f) Vegetation shall be cleared outside of the nesting bird season (generally February 1 through August 31), or a preconstruction nesting bird survey shall be conducted within three days prior to any clearing, grubbing, or grading activities. The pre-construction nesting bird survey would identify the locations of any active nests within the proposed development area. Active nests would need to be avoided until the young have fledged or the nest is otherwise abandoned. g) Lighting in the back yard adjacent to the HMP Preserve shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the building plans. ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR MILES PACIFIC SUBDIVISION COP 13-30/CDP 13-31-DEANDA RESIDENCE EXHIBIT "ADDM" The purpose of the Addendum to the Mitigated Negative Declaration is to describe revisions to the Mitigation Monitoring and Reporting Program associated with the De Anda Residence 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 revisions contained in this addendum clarify language contained within Mitigation Measures CUL-01 to the Mitigation Monitoring and Reporting Program. The following clarifications/revisions are to be added to mitigation measures CUL-01: • Luiseiio Native American monitors should be contracted with during this project. • The developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural. [!esources Treatment-and Moni'toring Agreement, with the tribe prior to the commencement of any ground disturbing activities. This agreement will contain provisions to address the proper treatment of any cultural resources or Luiseno Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitors and the archaeologist. • Any and all uncovered artifacts of Luiseiio Native American cultural importance should be returned to the tribe, and/or the most likely descendant and not be curate d. • Native American monitors and archaeological monitors should have joint authority to temporarily divert and/or halt construction activities. If cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luiseiio Native American monitor and the archaeologist can assess the nature and significance of the find. • The Luiseiio Native American monitor shall be present at the project's preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. • 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 by notified and consulted with in regards to the respectful and dignified treatment of those resources. • When cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseiio Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseiio 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. • If suspected 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 Luiseiio Native American monitor. • In the event that fill is imported into the project area, the fill shall be clean of cultural resources and documented as such. These clarifications/revisions to the Mitigation Measures are not considered substantial or significant as it relates to the environmental effects associated with the project, or the conditions contained in Section 15162 of C3~ 7~ ~s~s;;uent Mitigated Negative Declar_a,[:=n"-is-'--'n?{;'-t-r-e=u'-ir-ed_. ___________ _ Date: Don Neu City Planer