HomeMy WebLinkAbout2014-07-16; Planning Commission; Resolution 7064
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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 REPLACEMENT OF AN
EXISTING SINGLE-WIDE, 528 SQUARE FOOT MOBILE BUILDING WITH A
NEW DOUBLE-WIDE, 1,244 SQUARE FOOT MOBILE BUILDING AND THE
CONTINUED USE OF THE MOBILE BUILDING AS A LAGOON INFORMATION
CENTER (VISITORS CENTER) OPERATED BY THE BATIQUITOS LAGOON
FOUNDATION (BLF) ON PROPERTY GENERALLY LOCATED NEAR THE
WESTERLY TERMINUS OF THE NORTH SHORE BATIQUITOS LAGOON
TRAIL, APPROXIMATELY 250 FEET SOUTHEASTERLY OF THE TERMINUS OF
GABBIANO LANE IN THE AZURE COVE DEVELOPMENT OF AVIARA WITHIN
THE EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
19.
CASE NAME: BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CASE NO.: CUP 12-11/CDP 12-23
WHEREAS, Batiquitos Lagoon Foundation, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Aviara Master Association, “Owner,” described as
Lot 77 of Carlsbad Tract Map 90-30, Unit 2, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
13370, filed in the Office of the County Recorder of San Diego,
November 8, 1996
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum was prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on July 16, 2014 hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the initial study, analyzing the information submitted by staff, and considering any
written comments received, the Planning Commission considered all factors relating to the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7064
PC RESO NO. 7064 -2-
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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 and Addendum, Exhibit “MND,” according to Exhibits “Notice of
Intent (NOI),” and “Environmental Impact Assessment Form – Initial Study (EIA),”
attached hereto and made a part hereof, based on the following findings:
Findings:
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 Batiquitos Lagoon
Foundation Visitors Center – CUP 12-11/CDP 12-23, 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.
Conditions:
1. Developer shall implement, or cause the implementation of the Batiquitos Lagoon Foundation
Visitors Center (CUP 12-11/CDP 12-23) Project Mitigation Monitoring and Reporting Program.
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Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: Batiquitos Lagoon Foundation Visitors Center
PROJECT NO: CUP 12-11/CDP 12-23
PROJECT LOCATION: Generally located near the westerly terminus of the North Shore
Batiquitos Lagoon Trail, approximately 250 feet southeasterly of the terminus of Gabbiano Lane in the
Azure Cove Development of Aviara within the East Batiquitos Lagoon/Hunt Properties Segment of the
Local Coastal Program and Local Facilities Management Zone 19.
PROJECT DESCRIPTION: The project consists of replacing an existing single-wide, 528 square foot
mobile building currently used as the Batiquitos Lagoon Visitors Center (Nature Center) with a new
double-wide, 1,244 square foot mobile building. The new mobile building measures 24 feet wide, 56
feet long, and approximately 14 feet tall. It has wood siding and the exterior is gray in color. There is a
12 foot wide deck off the front of the building which is ADA compliant. The temporary placement of a
Mobile building requires the processing of a Conditional Use Permit (CUP) pursuant to Section
21.42.140(B)90 of the C.M.C. A Coastal Development Permit (CDP) is required because the project
qualifies as development in the coastal zone. The original CUP and CDP have expired and the BLF is
requesting the approval of a new CUP and CDP to allow for the continued use of a mobile building for
the Visitors Center.
The proposed project also includes establishing brush management zones adjacent to the Visitors
Center. The purpose of the brush management activity is to provide protection for the proposed
structure. The brush management zones applicable to this project are located within a maximum of 60
feet from the Visitors Center building. Brush management for the Visitors Center will include two zones,
Zone 1 and Zone 2. Zone 1 is non-irrigated that starts at the Visitors Center structure envelope and
extends outward for 30 feet. All vegetation will be removed within 15 feet of the structure. From 15 –
30 feet, select specimen native plants may remain but must be separated by a minimum distance of six
feet. Plants may not exceed 48 inches and no tree crowns will be allowed within 10 feet of the
structure. Along the west side of the Visitors Center, all plant material will be removed along the
existing fence and brow ditch. Zone 2 is non-irrigated and extends from 30 – 60 feet. Within Zone 2, a
mosaic will be created with the existing plant material by removal of dead plants and other plants as
necessary.
Furthermore, the proposed project includes mitigation for the impact to sensitive biological resources
affected by the brush management zones and due to the removal of acreage from the City of Carlsbad’s
Habitat Management Plan (HMP) Hardline Preserve. An Equivalency Finding has been processed to
allow the removal of the 0.39 acre project site from the Existing Hardline Preserve and replacing this loss
of preserve acreage by adding the 4.32 acre Park Hyatt property into the HMP as Existing Hardline
Preserve. The Park Hyatt property mitigation area is located approximately one mile east of the
Visitors Center along the north shore of Batiquitos Lagoon and just south of Batiquitos Drive and
the Aviara Golf Course, totals 4.32 acres, and is comprised of a mixture of native and non-native
vegetation. All non-native vegetation within the 4.32 acre Park Hyatt property shall be enhanced
and/or restored to native vegetation. The Park Hyatt site is currently outside the HMP hardline
boundary but is proposed to be included thus there will be a net gain within the HMP preserve.
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: Batiquitos Lagoon Foundation Visitors Center
PROJECT NO: CUP 12-11/CDP 12-23
PROJECT LOCATION: The project site is located on the north shore of Batiquitos Lagoon and at the southern
end of the Azure Cove residential development (Carlsbad Tract CT 89-19) 250 feet
southeast of the terminus of Gabbiano Lane within the Aviara Master Plan.
PROJECT DESCRIPTION: Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program, and the approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP)
to allow the continued operation of a modular building used as an information center (Visitors Center) operated by
the Batiquitos Lagoon Foundation (BLF) on property generally located near the westerly terminus of the North Shore
Batiquitos Lagoon Trail, approximately 250 feet southeasterly of the terminus of Gabbiano Lane in the Azure Cove
Development of Aviara within the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program
and Local Facilities Management Zone 19.
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 Greg Fisher, Assistant Planner at the address listed below or
via email to greg.fisher@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 City
of Carlsbad Planning Commission. Additional public notices will be issued when those public hearings are scheduled.
If you have any questions, please call Greg Fisher in the Planning Division at (760) 602-4629.
PUBLIC REVIEW PERIOD April 28, 2014 – May 28, 2014 May 4, 2014 – June 4, 2014
PUBLISH DATE April 28, 2014 May 4, 2014
Initial Study
June 2013 -1- Initial Study
1. PROJECT NAME: Batiquitos Lagoon Foundation Visitors Center
2. PROJECT NO: CUP 12-11/CDP 12-23
3. LEAD AGENCY:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
4. PROJECT APPLICANT:
Batiquitos Lagoon Foundation (BLF)
Fred Sandquist
PO Box 130491
Carlsbad, CA 92013-0491
5. LEAD AGENCY CONTACT PERSON: Greg Fisher, Assistant Planner, 760-602-4629,
Greg.Fisher@Carlsbadca.gov.
6. PROJECT LOCATION: The project is generally located approximately 250 feet southeast of the
terminus of Gabbiano Lane in the Azure Cove Development of Aviara.
7. GENERAL PLAN LAND USE DESIGNATION: Open Space
8. ZONING: Planned Community (Underlying Zoning Designation is Open Space per the Aviara Master
Plan MP 177)
9. PROJECT DESCRIPTION:
Background: The Batiquitos Lagoon Foundation “Visitors Center” building is located near the westerly
terminus of the North Shore Batiquitos Lagoon Trail, approximately 250 feet southeasterly of the
terminus of Gabbiano Lane in the Azure Cove Development of Aviara and has been in operation at the
existing location since 1996. The Visitors Center is part of a docent/education program offered by the
Batiquitos Lagoon Foundation (BLF) to enhance knowledge and appreciation of the variety of plants,
animals and birds of the Batiquitos Lagoon, as well as the history of human occupancy around the
lagoon. The programs involve mostly tours for schools or groups, typically during the daytime periods
on weekdays, with some programs on weekends. Inside the Visitors Center are various displays and
teaching aides to facilitate the educational process. Approximately two to three people staff the
facility at peak usage and parking is provided for both docents and visitors at the trailhead parking area
for the North Shore trail, located at the terminus of Gabbiano Lane to the northwest.
Project Description: The project consists of replacing an existing single-wide, 528 square foot mobile
building currently used as the Batiquitos Lagoon Visitors Center (Nature Center) with a new double-
wide, 1,244 square foot mobile building. The new mobile building measures 24 feet wide, 56 feet long,
and approximately 14 feet tall. It has wood siding and the exterior is gray in color. There is a 12 foot
wide deck off the front of the building which is ADA compliant. The temporary placement of a Mobile
building requires the processing of a Conditional Use Permit (CUP) pursuant to Section 21.42.140(B)90
of the C.M.C. A Coastal Development Permit (CDP) is required because the project qualifies as
development in the coastal zone. The original CUP and CDP have expired and the BLF is requesting the
approval of a new CUP and CDP to allow for the continued use of a mobile building for the Visitors
Center.
The proposed project also includes establishing brush management zones adjacent to the Visitors
Center. The purpose of the brush management activity is to provide protection for the proposed
structure. The brush management zones applicable to this project are located within a maximum of 60
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -2- Initial Study
feet from the Visitors Center building. Brush management for the Visitors Center will include two
zones, Zone 1 and Zone 2. Zone 1 is non-irrigated that starts at the Visitors Center structure envelope
and extends outward for 30 feet. All vegetation will be removed within 15 feet of the structure. From
15 – 30 feet, select specimen native plants may remain but must be separated by a minimum distance
of six feet. Plants may not exceed 48 inches and no tree crowns will be allowed within 10 feet of the
structure. Along the west side of the Visitors Center, all plant material will be removed along the
existing fence and brow ditch. Zone 2 is non-irrigated and extends from 30 – 60 feet. Within Zone 2, a
mosaic will be created with the existing plant material by removal of dead plants and other plants as
necessary.
Furthermore, the proposed project includes mitigation for the impact to sensitive biological resources
affected by the brush management zones and due to the removal of acreage from the City of
Carlsbad’s Habitat Management Plan (HMP) Hardline Preserve. An Equivalency Finding has been
processed to allow the removal of the 0.39 acre project site from the Existing Hardline Preserve and
replacing this loss of preserve acreage by adding the 4.32 acre Park Hyatt property into the HMP as
Existing Hardline Preserve. The Park Hyatt property mitigation area is located approximately one
mile east of the Visitors Center along the north shore of Batiquitos Lagoon and just south of
Batiquitos Drive and the Aviara Golf Course, totals 4.32 acres, and is comprised of a mixture of
native and non-native vegetation. All non-native vegetation within the 4.32 acre Park Hyatt property
shall be enhanced and/or restored to native vegetation. The Park Hyatt site is currently outside of
the HMP hardline boundary but is proposed to be included thus there will be a net gain within
the HMP preserve.
10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The project site is located just north of
Batiquitos Lagoon and at the southern end of the Azure Cove residential development (Carlsbad Tract
CT 89-19) within the Aviara Master Plan. Immediately to the east of the project site is the North
Batiquitos Sewer Pump Station operated by the Carlsbad Municipal Water District and to the west is
the I-5 Freeway. The project site is also located within the City’s Habitat Management Plan (HMP)
which is a comprehensive, citywide conservation program whose purpose is to identify and preserve
sensitive biological resources within the City while allowing for additional development consistent with
the City’s General Plan and Growth Management Plan. The 0.39 acre project site is designated as a
Hardline Conservation area in the HMP. Batiquitos Lagoon is an estuarine system with a fringe of
wetland and upland habitats surrounded by development. Topographically, the BLF site is a relatively
flat area and located outside the 100-foot wide wetlands buffer for the Batiquitos Lagoon. The
proposed project site is approximately 0.39-acre which includes 0.15 acres of coastal sage scrub, 0.13
acres of developed lands, and 0.11 acres of ornamental plantings. The proposed project includes
removing or selectively cutting plant species within 0.25 acres of the site. A total of 0.15-acres of
coastal sage scrub will be permanently impacted and mitigated in accordance with the city’s HMP,
dated November 2004. Furthermore, the 0.39 acres of HMP Hardline Conservation Area will be
impacted and will be mitigated (replaced) by adding the 4.32 acre Park Hyatt property into the HMP
Hardline Preserve.
11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements):
The project site is located within the East Batiquitos Lagoon/Hunt Properties segment of Carlsbad’s
Local Coastal Program and will require a Coastal Development Permit (CDP) and Conditional Use
Permit (CUP) pursuant to Section 21.42.140(B)90 of the C.M.C., issued by the City of Carlsbad. The
project is located within the California Coastal Commission’s appeal area.
12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -5- 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.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -6- 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) Less than Significant Impact. The project site is located along the northern shore of Batiquitos Lagoon
with residential development to the northwest, a sewer pump lift station to the east, and Interstate 5
to the west. The Visitors Center building will be visible from vehicles traveling on I-5 which is identified
in the General Plan Circulation Element as a “Scenic Roadway”. However, due to the low site
topography of the area, and distance from the I-5 Freeway (840 feet), the Visitors Center building will
not result in a significant impact on the scenic vista. Furthermore, the project site is located on the
northern (landward) side of the Batiquitos Lagoon pedestrian trail and therefore does not block any
views of the lagoon from the trail or freeway. As a result, impacts would be less than significant.
b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No historic
buildings are located in or adjacent to the site. The area of proposed impact is not located within the
viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for
listing as a scenic highway. As a result, no impact will occur to scenic resources.
c) No Impact. The replacement Visitors Center building will not impact the visual character or quality of
the site or surroundings as the Nature Center has been in operation at the project site since 1996. As a
result, no impact will occur on the existing visual character or quality of the site and surrounding areas.
d) No Impact. The Visitors Center replacement building will not add any substantial new light sources
that would adversely affect day or nighttime views in the area. The proposed facility will not be lighted
at nighttime except for a motion detection security porch light. As a result, no impact will occur to
nighttime views and glare.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -7- 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) No Impact. The California Department of Conservation, Farmland Mapping and Monitoring Program
compile Important Farmland maps pursuant to the provision of Section 65570 of the California
Government Code. The map associated with the Carlsbad area is the "California Department of
Conservation – San Diego County Important Farmland" exhibit dated September, 2002. No part of the
project site is designated as Prime Farmland on this official map. The closest active agricultural
operations are located east of I-5, between Cannon Road and Agua Hedionda Lagoon. No agricultural
farming occurs in or around any area of the project. Therefore, the project would not convert
farmland to non-agricultural use. As a result, no impact will occur to Farmland.
b) No Impact. The existing zoning designation is Planned Community P-C (Underlying Zoning Designation
is Open Space) and the permitted uses and structures are established by the Aviara Master Plan. The
Aviara Master Plan does not allow for agricultural uses at the project site. No Williamson Act
contracts encumber any portion of the affected properties. Therefore, no impact would occur.
c) No Impact. No changes proposed by the project will impact other farms or result in additional
farmland conversion in the area as none are adjacent. No evidence exists that the property presently
or historically has been used for timber harvesting. As a result of these factors, it is determined that
the project will not impact forest land or timber lands. Therefore, no impact would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -8- 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
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -9- Initial Study
federal ambient air quality standards. The California Air Resources Board provides criteria for
determining whether a project conforms with the RAQS which include the following:
Is a regional air quality plan being implemented in the project area?
Is the project consistent with the growth assumptions in the regional air quality plan?
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. Since mobile buildings are conditionally permitted in the Open Space Zone, 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.
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 placement of a new mobile building at the project site will not generate fumes or
create other objectionable odors that affect a substantial number of people. The project site is located
within open space and the closest residential structure is 175 feet from the Visitors Center building.
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June 2013 -10- 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) Less than Significant with Mitigated Impacts. A Biological Resources Technical Report and Impact
Analysis were prepared for the project site by Dudek, dated November 2013. No Special Status Plants
listed as rare, threatened, or endangered by the U.S. Fish and Wildlife Service (USFWS) or the California
Department of Fish and Wildlife (CDFW) were detected in the study area. Furthermore, the Biological
Report found no sensitive animal or bird species but surrounding habitat may be suitable for Coastal
California gnatcatcher, therefore mitigation measures BIO-2 and BIO-3 listed on the following page are
included to avoid any potential impacts.
b) Less than Significant with Mitigated Impacts. Per the Biological Resources Technical Report and
Impact Analysis, prepared by Dudek, dated November 2013, implementation of the proposed project
will impact sensitive habitats and vegetation communities. The direct permanent loss of the
vegetation community and non-natural land cover acreage all of which is located within the Coastal
Zone. Approximately 0.15 acres of Coastal Sage Scrub was mapped within the study area while 0.09
acres of Coastal Sage Scrub is directly impacted. The Coastal Sage Scrub is located northeast of the
Visitors Center building and is relatively diverse and dense. The brush management zones established
adjacent to the Visitors Center will be kept mostly clear of vegetation and, therefore, is considered a
direct impact. Due to the direct permanent impact to sensitive native habitat (Coastal Sage Scrub),
removal of the brush management area and construction of the Visitors Center is considered
significant. Mitigation for impacts to the Coastal Sage Scrub within the Coastal Zone requires 2:1
mitigation with no net loss and 1:1 to be preservation of habitat and 1:1 to be replacement (creation)
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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June 2013 -11- Initial Study
of habitat. Refer to mitigation measures listed below that would reduce impacts to a level below
significance.
Potential indirect impacts to vegetation communities and sensitive plant and wildlife species include
construction-related edge effects such as dust which could disrupt plant vitality in the short-term
and/or construction-related soil erosion and water runoff. However, standard construction BMPs and
construction-related minimization measures to control dust, erosion, and runoff will be implemented
and will ameliorate these effects. Therefore, significant indirect impacts to sensitive plant and wildlife
species would be reduced to a level below significant with the implementation of the following
mitigation measures.
Mitigation Measures for Sensitive Vegetation Communities
BIO-1: Prior to ground-disturbing activities including vegetation removal and brush clearing or the issuance
of a building permit, significant direct impacts to sensitive vegetation communities shall be mitigated in the
amounts shown in the discussion below. Mitigation shall be implemented to the satisfaction of the City
Planner.
The loss of 0.09 acre of coastal sage scrub (CSS) shall be mitigated at a 2:1 ratio. In accordance
with the HMP, CSS mitigation includes preservation of existing habitat (1:1 ratio) and restoration
of habitat (1:1 ratio) so that there is no net loss of CSS habitat within the coastal zone. Thus, the
total mitigation required for the direct impact to 0.09 acres CSS is 0.18 acre with 0.09 acre
preservation and 0.09 acre restoration. The CSS mitigation area is provided on the Park Hyatt
property. The Park Hyatt property is located approximately one mile west of the project site
along the north shore of the Batiquitos Lagoon and just south of Batiquitos Drive and the Aviara
Golf Course.
Mitigation Measures for Sensitive Wildlife Species
BIO-2: In order to avoid impacting breeding and nesting birds in accordance with the Migratory Bird Treaty
Act, a breeding/nesting bird survey shall be conducted prior to construction of the mobile building or brush
management activities if they are to occur during the nesting season (February 15 – August 31).
BIO-3: In order to avoid impacts to nesting California gnatcatchers, a pre-construction survey will be
conducted. If the gnatcatcher is determined to be nesting on site, in order to avoid impacts to them, no
grading, brush clearing and/or vegetation removal will be allowed during the California gnatcatcher nesting
season, February 15 - August 31.
c) No Impact. Per the Biological Resources Technical Report and Impact Analysis (Dudek 2013) prepared
for the project site, no potential state or federal jurisdictional features (i.e., wetland or riparian areas)
are located on-site. Therefore, no impact would occur.
d) No Impact. The City of Carlsbad specifically identifies habitat linkages as part of the Habitat
Management Plan (HMP), with Linkages consisting of conserved habitat that provides a connection
between the HMP core areas and other natural habitat areas. The proposed project is in the vicinity of
core 8, as defined by the city’s HMP, and the wildlife species likely use the site as a movement corridor.
Because the site is small and is surrounded by natural habitat, the installation of the new Visitors
Center mobile building will not impede wildlife movement . The project will not result in impacts to
wildlife movement beyond the existing conditions on site. Therefore, no impact would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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June 2013 -12- Initial Study
e & f) Less than Significant with Mitigated Impacts. The approved city HMP for Natural Communities in the
City of Carlsbad (2004) identifies the subject site as an “Existing Hardline Conservation Area.” The HMP
designates a natural preserve system and provides a regulatory framework for determining impacts
and assigning mitigation. No other local, regional or state habitat conservation plans specific to this
site encumber the property. The proposed improvements and installation of a larger Visitors Center
building within an “Existing Hardline Conservation Area” is inconsistent with the City’s HMP.
Therefore, a minor plan amendment to the HMP with Equivalency Finding is required to allow the
entire 0.39 acre project site to be removed from the HMP hardline preserve. As outlined in the
Mitigation Measures in the Biological Resources Technical and Impact Analysis (DUDEK 2013), and
discussed below under BIO-4 below, the entire 4.32 acre Park Hyatt property area will be designated as
Existing Hardline Preserve in the HMP, thus offsetting the 0.39 acres removed through the Equivalency
Finding. All mitigation requirements to reduce the impacts to less than significant have been met.
Refer to Mitigation Measure BIO-1 above and BIO-4 below.
Mitigation Measures for Development within an Existing Hardline Conservation Area
BIO-4: Prior to ground-disturbing activities including vegetation removal and brush clearing or the issuance
of a building permit whichever comes first, the following mitigation measure is required:
An Equivalency Finding has been processed to allow the removal of the 0.39 acre project site from the
Existing Hardline Preserve and replacing this loss of preserve acreage by adding the 4.32 acre Park Hyatt
property into the HMP as Existing Hardline Preserve. All non-native vegetation within the 4.32 acre Park
Hyatt property shall be enhanced and/or restored to native vegetation. Therefore, the total acreage within
the HMP Hardline preserve boundary will result in an increase of 3.93 net acres (4.32 ac - 0.39 ac = 3.93
acres). Because of the enhancements to the 4.32 acre Park Hyatt property, the habitat will be of equal or
higher quality consistent with the Equivalency Finding.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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June 2013 -13- 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 & d) No Impacts. According to the Cultural Resource Letter Report for the Batiquitos Lagoon Nature Center
Replacement Project performed by Gallegos & Associates, dated July 24, 2013, the City of Carlsbad
Historic Resources Inventory identified that no historic resources exist on the project site. In addition,
no conditions exist which would suggest that human remains are likely to be found on-site since over
50% of the project area has been previously graded or disturbed and is currently developed with the
Batiquitos Lagoon Visitors Center. Therefore, no impacts are anticipated. In the event that human
remains are discovered, proper treatment would be required in accordance with the applicable state
laws (See Cultural Mitigation Measures 1 and 2).
b) Potentially Significant Unless Mitigation Incorporated. The project site is located in a known
archaeologically-sensitive area and previous Cultural Resources Studies have identified archaeological
sites within or adjacent to the Batiquitos Lagoon Visitors Center. Although previous cultural work and
testing for the Aviara Development and the Batiquitos Lagoon Enhancement projects resulted in the
findings of sites (SDI-600 and SDI-11953), the limited range of cultural material present was
recommended as not eligible to the National Register of Historic Places and not important under CEQA
criteria. Notwithstanding the above, given that ground-disturbing activities including vegetation
removal and/or brush clearing is required for the replacement structure project and that a small
amount of cultural material would be anticipated, mitigation measures are proposed to address the
potential impact to any archaeological resources that may be discovered during construction.
Compliance with mitigation measures CULTURAL-1 and CULTURAL-2 would reduce the potential
impacts to a less than significant level.
Mitigation Measures
CULTURAL-1 – Prior to the commencement of ground-disturbing activities including vegetation removal and
brush clearing, the project developer shall retain a qualified archaeologist to monitor ground-disturbing
activities. The qualified archaeologist shall be on-site during all ground-disturbing activities including
vegetation removal and/or brush clearing unless otherwise agreed upon by the archaeologist and city staff.
The City shall verify that the archaeological monitor has been retained prior to all ground-disturbing
activities. In the event any potential cultural resource is uncovered during the course of the project
construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and
extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the
archaeologist shall have the authority to temporarily halt or redirect all ground–disturbing activities while the
cultural resources are documented and assessed. If archaeological resources are encountered during
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CUP 12-11/CDP 12-23
June 2013 -14- Initial Study
ground-disturbing activities, the archaeological monitor shall direct the contractor to avoid all work in the
immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the
finding and determine an appropriate course of action. The appropriate course of action may include, but
not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or
other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing
the appropriate activities, including salvage of discovered resources. Salvage operation requirements
pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifact materials and data
shall be cataloged and analyzed. A report shall be completed describing the methods and results of the
monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current
professional repository standards or the collection will be repatriated to the appropriate Native American
Tribe(s), as specified in the pre-ground disturbing agreement.
If any human remains are discovered, all construction activity in the immediate area of the discovery shall
cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to
California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to
be Native American; the Native American Heritage Commission shall be contacted pursuant to California
Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure
CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the
discovery of the Native American remains and may recommend to the City of Carlsbad, and the project
contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated
grave goods. The recommendation may include the scientific removal and nondestructive analysis of human
remains and items associated with Native American burials. The project contractor shall provide a
reasonable period of time for salvage of discovered human remains before resuming construction activities.
CULTURAL-2 – Prior to the commencement of ground disturbing activities including vegetation removal and
brush clearing, the project developer shall retain the services of a Native American monitor. The purpose of
this monitoring will be to allow for tribal observation of ground disturbing activities including formalized
procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items
that may be uncovered during any ground disturbance activities. The City shall verify that the Native
American monitor has been retained prior to any ground disturbing activity. Prior to implementation of the
monitoring, a pre-ground disturbing agreement shall be developed between the appropriate Native American
Tribe and the developer. The Native American representative(s) shall attend the pre-construction meeting
with the contractors to explain the requirements of the program. The Native American monitor shall be on-
site during all ground-disturbing activities unless otherwise agreed upon by the monitor and city staff.
c & d) No Impact. The project does not involve any grading and therefore no impacts to paleontological
resources or the disturbance of human remains will occur. Nevertheless, Cultural Mitigation 1 & 2
would address the potential disturbance of human remains.
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June 2013 -15- 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 will occur.
a. ii.–a.iv.) Less than Significant Impact. Earthquake faults exist within southern California, including
two fault zones within approximately 24 miles of the site. However, historical records have indicated
that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a
less than significant impact. The project involves the placement of a temporary mobile building on a
relatively flat pad in a previously disturbed area that has no known history of liquefaction or landslides.
b-d) No Impact. The project involves the placement of a temporary mobile building. No grading or
excavation of soil is proposed at the project site, therefore, no erosion or loss of topsoil is anticipated.
This part of Carlsbad has no known history of soils instability including expansive soils that could create
a substantial risk to life or property.
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. As a result, no impact will occur.
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June 2013 -16- Initial Study
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 which for
reference is associated with the development of approximately 40 residential dwellings units. 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.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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June 2013 -17- 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-c) No Impact. The proposed project does not involve hazardous materials nor are there any existing or
proposed schools located within ¼ mile of the project site. As a result, no impact will occur.
d) No Impact. The project site is not included on any lists as a hazardous materials site pursuant to the
Government Code Section 65962.5. As a result, no impact will occur.
e) No Impact. The project site is located approximately 2.5 miles southwest of the McClellan-Palomar
Airport. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), dated March 4, 2010,
the project is located within the boundaries of the Airport Influence Area (AIA), Review Area 2.
However, properties located within Review Area 2 of the ALUCP are only subject to the recordation of
overflight notification for new residential development and limits on the heights of structures in high
terrain areas. The project is considered a compatible use at its proposed location and will not cause a
safety hazard for people visiting the project area. As a result, no impact will occur.
f) No Impact. The project site is not located in the vicinity of a private airstrip. As a result, no impact will
occur.
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June 2013 -18- Initial Study
g) No Impact. The operation of the proposed project facilities will not affect, block, or interfere with
traffic on public streets, including any streets that would be used for an emergency response plan or
emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the
project site, and no improvements are proposed by the project in any area which would physically
interfere with an adopted emergency response plan or emergency evacuation plan. The City of
Carlsbad’s Fire Department will provide all basic fire and emergency medical services to the project
site. Specifically, the project will be served by Fire Station Nos. 2 and 4. The Visitors Center site is
within a five minute response time for these fire stations. The proposed project will not impact the
ability to provide emergency services to the project site, nor will it physically interfere with an adopted
emergency response plan or emergency evacuation plan. As a result, no impact will occur.
h) Less than Significant Impact. The proposed project includes non-irrigated brush management zones
adjacent to the Visitors Center building. The purpose of the brush management activity is to provide
protection for the proposed structure. Brush management zones 1 and 2 are located a maximum of 60
feet from the Visitors Center building. While the project site is located within open space and
surrounded primarily by native surface vegetation, a less than significant impact will occur with the
inclusion of the brush management zones.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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June 2013 -19- 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 project is required by law to comply with all federal, state and local
water quality regulations, including the Clean Water Act, California Administrative Code Title 23,
specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin"
(WQCP), and the city's Standard Urban Storm Water Management Plan (SUSMP). The WQCP contains
specific objectives for the Carlsbad Hydrologic Unit, which includes the requirement to comply with
National Pollutant Discharge Elimination System (NPDES) and the use of Best Management Practices
(BMPs). Construction activities for this project are covered under state-wide construction permit
Order No. 2009-0009-DWQ issued by the State Water Resource Control Board Permit. The SWPPP will
identify specific erosion control and storm water pollution prevention plan practices that will be
implemented to protect downstream water quality. Post-development activities for this project are
covered under Order No. R9-2007-0001 issued by the California Regional Water Quality Control Board
San Diego Region. As part of these requirements, the applicant must prepare and submit a Storm
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June 2013 -20- Initial Study
Water Management Plan (SWMP) addressing what treatment Best Management Practices (BMPs) will
be constructed to treat the post-development runoff from the project. The applicant must comply
with Standard Storm Water requirements per the City’s SUSMP. As proposed the BMPs will be located
adjacent to the building and include vegetated strips. No hardlined connections for roof drainage is
proposed. Through this process, the project will not violate any water quality standards or waste
discharge requirements and impacts are therefore considered to be less than significant.
b) No Impact. This project does not propose to directly draw any groundwater. The project will be
served via existing public water distribution lines adjacent to the site. As a result, no impact will occur.
c-f) No Impact. The proposed project does not propose any grading therefore the drainage patterns will
not change. The amount of impervious payment proposed is considered minimal and virtually
undetectable. All drainage will be directed to pervious areas for infiltration into the soil. As a result,
no impact will occur.
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. 06073C01035G, May 16, 2012. 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 is assessed. In addition, pursuant to
the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure
Inundation, Tsunami, and Seiche Hazard Zone Maps (September 1992), based on the distance (0.85
miles) between the site and the ocean, as well as the elevation of the site with respect to the sea level
(15 feet above mean sea level), and that the site is not located within a 100-year flood hazard area,
the possibility of tsunami or mudflow is considered to be low. As a result, no impact will occur.
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.
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CUP 12-11/CDP 12-23
June 2013 -21- 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-b) No Impact. The proposal to replace the BLF Visitors Center building with a new double-wide, 1,244
square foot mobile building which is compatible with the surrounding Open Space land uses will not
physically divide an established community, nor does the proposed project conflict with any existing or
proposed land use plans or policies, the Local Coastal Program or zoning ordinance. The temporary
placement of a Mobile building requires the processing of a Conditional Use Permit (CUP) pursuant to
Section 21.42.140(B)90 of the C.M.C. A Coastal Development Permit (CDP) is required because the
project qualifies as development in the coastal zone. The original CUP and CDP have expired and the
BLF is requesting the approval of a new CUP and CDP to allow for the continued use of a mobile
building for the Visitors Center.
c) Less than Significant Impacts with Mitigation Incorporated. The project site is located within the
City’s Habitat Management Plan (HMP) which is a comprehensive, citywide conservation program
whose purpose is to identify and preserve sensitive biological resources within the City while allowing
for additional development consistent with the City’s General Plan and Growth Management Plan. The
project site is designated as a Hardline Conservation area in the HMP. Because development is not
allowed within the HMP preserve hardline areas, the entire BLF Visitors Center site, approximately 0.39
acres of coastal sage scrub, developed land, and ornamental planting area will need to be removed
from the HMP preserve hardline area through the processing of an equivalency finding. The
equivalency finding allows the removal of acreage from the hardline HMP preserve through the
replacement of equal or better habitat within the coastal zone to result in no net loss of the coastal
sage scrub habitat or the HMP preserve area. The total replacement acreage (minimum of 0.39 acres)
will be provided by the Park Hyatt property that is currently located outside the HMP hardline and
encumbered with a Coastal Commission Deed Restriction thus protected from future development.
The Park Hyatt property is 4.32 acres and is composed of a mixture of native and non-native
vegetation. The non-native vegetation is proposed to be restored to native vegetation and the entire
site will be placed within the HMP hardline preserve consistent with the City’s HMP equivalency
finding. With the implementation of mitigation measure BIO – 1 & 4, impacts would be less than
significant.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -22- Initial Study
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)
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -23- 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? ☐ ☐ ☐ ☒
d) A substantial temporary or periodic increase in ambient noise levels
in the project vicinity above levels existing without the project? ☐ ☐ ☐ ☒
e) For a project located within an airport land use plan or, where such
a plan has not been adopted, within 2 miles of a public airport or
public use airport, would the project expose people residing or
working in the project area to excessive noise levels?
☐ ☐ ☐ ☒
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
☐ ☐ ☐ ☒
a) No Impacts. The proposed project which will primarily conduct docent led trail tours of Batiquitos
Lagoon for students and visitors will not generate noise levels in excess of City standards. As a result,
no impacts would occur.
b-d) No Impact. There is no grading associated with the proposed project; therefore, there will not be any
generation of groundbourne vibration. The project which involves the temporary placement of a
mobile building will not substantially increase permanent and/or temporary exposure to ambient noise
levels as standard construction equipment such as scrapers, graders, backhoes, rollers, loaders,
tractors and cranes are not required for the project. The mobile building will be delivered to the
project site by truck creating a minimal increase in ambient noise during this one time occurrence. As
a result, no impacts would occur.
e-f) No Impact. The project site is located approximately 2.5 miles southwest of the McClellan-Palomar
Airport. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), dated March 4, 2010,
the project is located within the boundaries of the Airport Influence Area (AIA), Review Area 2.
However, properties located within Review Area 2 of the ALUCP are only subject to the recordation of
overflight notification for new residential development and limits on the heights of structures in high
terrain areas. Because the site is not located within noise contour lines in excess of 60 dB CNEL and is
considered a compatible use, it is concluded that the installation of a new double-wide mobile building
(Visitors Center) at this site will not result in airport noise impacts for people working within the
project area. Further, the project site is not located in the vicinity of a private airstrip. As a result, no
impacts would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -24- 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) No Impact. The 0.39 acre site, currently developed with the BLF Visitors Center, will not induce any
growth in the area as the project site is surrounded by open space and the Batiquitos Lagoon. The
project site also has an existing General Plan Land Use designation of Open Space (OS) and the project
does not propose to change the OS land use designation. The project proposes to replace the existing
Visitors Center building with a new, larger mobile building. As a result, no impacts would occur.
b-c) No Impact. The subject site is currently developed with the BLF Visitors Center and has been in
operation at the existing location since 1996. No residential uses are located on-site. Thus,
implementation of the proposed project that includes installing a new, larger Visitors Center building
at the project site would not displace housing nor substantial numbers of people. As a result, no
impacts would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -25- Initial Study
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.i – a.v) No Impact. The BLF project is proposed on a site which is currently developed and occupied
with the BLF Visitors Center building. The use has been in operation at this location since 1996 and
will not affect the provision and availability of public facilities (fire protection, police protection,
schools, parks, libraries, etc.). Furthermore, the proposed project shall be subject to the conditions
and facility service level requirements within the Local Facilities Management Plan for Zone 19. As a
result, no impacts would occur.
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 has been in operation at its current location since 1996 and the installation of
a new larger Visitors Center building is not anticipated to increase the use of the existing neighborhood
park nor will the expansion of the building square footage have an adverse physical effect on the
environment. As a result, no impacts would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -26- 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. Since the conservation area generates the project traffic and the
interpretive center is incidental to the conservation area, no significant increase in traffic is expected.
The interpretive center does not have a categorized land use for estimating traffic generation per
SANDAG’s “Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region.” However,
using a conservative estimate based on office use, the center will generate 38 Average Daily Trips and
5 peak hour trips. This traffic will utilize Gabbiano Lane to Batiquitos Drive. The most current
estimates for existing traffic on Batiquitos Drive is 4,000 ADT. The design capacity(ies) of Batiquitos
Drive is(are) 2,000 to 10,000 vehicles per day. The project traffic would represent 0.9% and 0.38% of
the existing traffic volume and the design capacity respectively. 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 would not, therefore, cause an increase in traffic that is substantial in relation to the
existing traffic load and capacity of the street system. The impacts from the proposed project are,
therefore, 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.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -27- Initial Study
d) No Impact. No circulation improvements are necessary for the project. No impact assessed.
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 not served by or not located in an area (open space) conducive to public
transportation. The project will be conditioned to install bike racks for the visitors.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -28- Initial Study
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 Visitors Center building will be required to comply with all Regional Water
Quality Control Board Requirements. Adequate drainage, water and waste water treatment capacity
exists to serve the proposed project. All public facilities, including water facilities, wastewater
treatment facilities and drainage facilities, have been planned and designed to accommodate the
proposed project. 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. As a result, no impacts would occur.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -29- 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 with Mitigation Incorporated. The proposed project’s required mitigation, as
outlined in the Biological Resources section of this report, will preclude any possible degradation of the
environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive
plant and wildlife species within the Multiple Habitat Conservation Program (MHCP) Subarea would
occur through the proposed project, in the 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 proposed project is consistent with the guidelines set
forth within the MHCP and the City’s HMP. Therefore, there will be no cumulative impacts to sensitive
uplands, sensitive plant species, and sensitive wildlife species. Furthermore, the project’s required
mitigation as outlined in the Cultural Resources section of the 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 in the Air Quality Section of
this report, air quality would essentially be the same whether or not the development is constructed.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -30- Initial Study
With regard to any other potential impacts associated with the project, city standards and regulations,
including conformance to the HMP, will ensure that development of the site will not result in any
significant cumulatively considerable impacts.
c) No Impact. Potential adverse effects on the human population have been evaluated in preceding
sections of this checklist. The project would meet all existing standards established by federal, state, and
local regulations as discussed herein. With implementation of the proposed mitigation measure for
biological and cultural resources, no substantial indirect or direct adverse effects would result from the
proposed project.
XIX. LIST OF MITIGATION MEASURES (if applicable)
Mitigation Measures for Sensitive Vegetation Communities
1. BIO-1: Prior to ground-disturbing activities including vegetation removal and brush clearing or the
issuance of a building permit, significant direct impacts to sensitive vegetation communities shall be
mitigated in the amounts shown in the discussion below. Mitigation shall be implemented to the
satisfaction of the City Planner.
The loss of 0.09 acre of coastal sage scrub (CSS) shall be mitigated at a 2:1 ratio. In accordance
with the HMP, CSS mitigation includes preservation of existing habitat (1:1 ratio) and restoration
of habitat (1:1 ratio) so that there is no net loss of CSS habitat within the coastal zone. Thus, the
total mitigation required for the direct impact to 0.09 acres CSS is 0.18 acre with 0.09 acre
preservation and 0.09 acre restoration. The CSS mitigation area is provided on the Park Hyatt
property. The Park Hyatt property is located approximately one mile west of the project site
along the north shore of the Batiquitos Lagoon and just south of Batiquitos Drive and the Aviara
Golf Course.
2. BIO-2: In order to avoid impacting breeding and nesting birds in accordance to the Migratory Bird
Treaty Act, a breeding/nesting bird survey shall be conducted prior to brush management activities if
they are to occur during the nesting season (February 15 – August 31).
3. BIO-3: In order to avoid impacts to nesting California gnatcatchers, a pre-construction survey will
be conducted. If the gnatcatcher is determined to be nesting on site, in order to avoid impacts to
them, no grading, brush clearing and/or vegetation removal will be allowed during the California
gnatcatcher nesting season, February 15 - August 31.
Mitigation Measures for Development within an Existing Hardline Conservation Area
4. BIO-4: Prior to ground-disturbing activities including vegetation removal and brush clearing or the
issuance of a building permit whichever comes first, the following mitigation measures are required:
An Equivalency Finding has been processed to allow the removal of the 0.39 acre project site
from the Existing Hardline Preserve and replacing this loss of preserve acreage by adding the
4.32 acre Park Hyatt property into the HMP as Existing Hardline Preserve. All non-native
vegetation within the 4.32 acre Park Hyatt property shall be enhanced and/or restored to native
vegetation. Therefore, the total acreage within the HMP Hardline preserve boundary will result
in an increase of 3.93 net acres (4.32 ac - 0.39 ac = 3.93 acres). Because of the enhancements to
the 4.32 acre Park Hyatt property, the habitat will be of equal or higher quality consistent with
the Equivalency Finding.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -31- Initial Study
5. CULTURAL-1: Prior to the commencement of ground-disturbing activities including vegetation
removal and brush clearing, the project developer shall retain a qualified archaeologist to monitor
ground-disturbing activities. The qualified archaeologist shall be on-site during all ground-disturbing
activities including vegetation removal and/or brush clearing unless otherwise agreed upon by the
archaeologist and city staff. The City shall verify that the archaeological monitor has been retained
prior to all ground-disturbing activities. In the event any potential cultural resource is uncovered
during the course of the project construction, ground-disturbing activities in the vicinity of the find
shall be redirected until the nature and extent of the find can be evaluated by the archaeological
monitor. If cultural resources are encountered, the archaeologist shall have the authority to
temporarily halt or redirect all ground–disturbing activities while the cultural resources are
documented and assessed. If archaeological resources are encountered during ground-disturbing
activities, the archaeological monitor shall direct the contractor to avoid all work in the immediate area
for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding
and determine an appropriate course of action. The appropriate course of action may include, but not
be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery,
or other appropriate measures. The Project Contractor shall provide a reasonable period of time for
pursuing the appropriate activities, including salvage of discovered resources. Salvage operation
requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered
artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the
methods and results of the monitoring and data recovery program. Artifacts shall be curated with
accompanying catalog to current professional repository standards or the collection will be repatriated
to the appropriate Native American Tribe(s), as specified in the pre-ground disturbing agreement.
If any human remains are discovered, all construction activity in the immediate area of the discovery
shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner
pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the
human remains to be Native American; the Native American Heritage Commission shall be contacted
pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant
to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission,
shall inspect the site of the discovery of the Native American remains and may recommend to the City
of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the
human remains and any associated grave goods. The recommendation may include the scientific
removal and nondestructive analysis of human remains and items associated with Native American
burials. The project contractor shall provide a reasonable period of time for salvage of discovered
human remains before resuming construction activities.
6. CULTURAL-2: Prior to the commencement of ground disturbing activities including vegetation
removal and brush clearing, the project developer shall retain the services of a Native American
monitor. The purpose of this monitoring will be to allow for tribal observation of ground disturbing
activities including formalized procedures for the treatment of Native American human remains and
burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities.
The City shall verify that the Native American monitor has been retained prior to any ground disturbing
activity. Prior to implementation of the monitoring, a pre-ground disturbing agreement shall be
developed between the appropriate Native American Tribe and the developer. The Native American
representative(s) shall attend the pre-construction meeting with the contractors to explain the
requirements of the program. The Native American monitor shall be on-site during all ground-
disturbing activities unless otherwise agreed upon by the monitor and city staff.
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
June 2013 -32- 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. Historic Resource Inventory, City of Carlsbad, April 16, 1991.
7. Zone 19 Local Facility Management Plan, City of Carlsbad, September 1, 1987.
8. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation,
Tsunami and Seiche Hazard Zone Maps, November 1992.
9. Flood Insurance Rate Map, Map No. 06073C1035G, May 16, 2012.
10. Cultural Resource Study for the Batiquitos Lagoon Visitors Center Replacement Project, Gallegos and
Associates, Dennis R. Gallegos, Project Manager, July 24, 2013.
11. Biological Resources Technical Report and Impact Analysis for the Brush Management of the Visitors
Center at Batiquitos Lagoon, Dudek, Anita M Hayworth, PhD, Senior Biologist, November 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: BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
PROJECT NO: CUP 12-11/CDP 12-23
APPROVAL DATE/RESOULTION NUMBER(S):
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified
environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure
has been complied with and implemented, and fulfills the City’s monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code
Section 21081.6).
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks
BIO-1
The loss of 0.09 acre of coastal sage scrub (CSS) shall be mitigated at a
2:1 ratio. In accordance with the HMP, CSS mitigation includes
preservation of existing habitat (1:1 ratio) and restoration of habitat
(1:1 ratio) so that there is no net loss of CSS habitat within the coastal
zone. Thus, the total mitigation required for the direct impact to 0.09
acres CSS is 0.18 acre with 0.09 acre preservation and 0.09 acre
restoration. The CSS mitigation area is provided on the Park Hyatt
property. The Park Hyatt property is located approximately one mile
west of the project site along the north shore of the Batiquitos Lagoon
and just south of Batiquitos Drive and the Aviara Golf Course.
Project - Prior to
ground-disturbing
activities including
vegetation removal
and brush clearing
or the issuance of a
building permit.
Planning
Division and
Engineering
Division
BIO-2 In order to avoid impacting breeding and nesting birds in accordance
to the Migratory Bird Treaty Act, a breeding/nesting bird survey shall
be conducted prior to brush management activities if they are to occur
during the nesting season (February 15 – August 31).
Planning
Division and
Engineering
Division
BIO-3 In order to avoid impacts to nesting California gnatcatchers, a pre-
construction survey will be conducted. If the gnatcatcher is
determined to be nesting on site, in order to avoid impacts to them,
no grading, brush clearing and/or vegetation removal will be allowed
Planning
Division and
Engineering
Division
Batiquitos Lagoon Foundation Visitor’s Center
CUP 12-11/CDP 12-23
Mitigation Monitoring and Reporting Program Page 2 of 4
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks during the California gnatcatcher nesting season, February 15 - August
31.
BIO-3 In order to avoid impacts to nesting California gnatcatchers, a pre-
construction survey will be conducted. If the gnatcatcher is
determined to be nesting on site, in order to avoid impacts to them,
no grading, brush clearing and/or vegetation removal will be allowed
during the California gnatcatcher nesting season, February 15 - August
31.
Planning
Division and
Engineering
Division
BIO-4 An Equivalency Finding has been processed to allow the removal of the
0.39 acre project site from the Existing Hardline Preserve and replacing
this loss of preserve acreage by adding the 4.32 acre Park Hyatt
property into the HMP as Existing Hardline Preserve. All non-native
vegetation within the 4.32 acre Park Hyatt property shall be enhanced
and/or restored to native vegetation. Therefore, the total acreage
within the HMP Hardline preserve boundary will result in an increase
of 3.93 net acres (4.32 ac - 0.39 ac = 3.93 acres). Because of the
enhancements to the 4.32 acre Park Hyatt property, the habitat will be
of equal or higher quality consistent with the Equivalency Finding.
Project - Prior to
ground-disturbing
activities including
vegetation removal
and brush clearing
or the issuance of a
building permit
whichever comes
first.
Planning
Division
CUL-1 Prior to the commencement of ground-disturbing activities including
vegetation removal and brush clearing, the project developer shall
retain a qualified archaeologist to monitor ground-disturbing activities.
The qualified archaeologist shall be on-site during all ground-
disturbing activities including vegetation removal and/or brush
clearing unless otherwise agreed upon by the archaeologist and city
staff. The City shall verify that the archaeological monitor has been
retained prior to all ground-disturbing activities. In the event any
potential cultural resource is uncovered during the course of the
project construction, ground-disturbing activities in the vicinity of the
find shall be redirected until the nature and extent of the find can be
evaluated by the archaeological monitor. If cultural resources are
Project Planning
Division and
Engineering
Division
Batiquitos Lagoon Foundation Visitor’s Center
CUP 12-11/CDP 12-23
Mitigation Monitoring and Reporting Program Page 3 of 4
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks encountered, the archaeologist shall have the authority to temporarily
halt or redirect all ground–disturbing activities while the cultural
resources are documented and assessed. If archaeological resources
are encountered during ground-disturbing activities, the
archaeological monitor shall direct the contractor to avoid all work in
the immediate area for a reasonable period of time to allow the
archaeologist to evaluate the significance of the finding and determine
an appropriate course of action. The appropriate course of action may
include, but not be limited to avoidance, recordation, relocation,
excavation, documentation, curation, data recovery, or other
appropriate measures. The Project Contractor shall provide a
reasonable period of time for pursuing the appropriate activities,
including salvage of discovered resources. Salvage operation
requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Recovered artifact materials and data shall be
cataloged and analyzed. A report shall be completed describing the
methods and results of the monitoring and data recovery program.
Artifacts shall be curated with accompanying catalog to current
professional repository standards or the collection will be repatriated
to the appropriate Native American Tribe(s), as specified in the pre-
ground disturbing agreement.
If any human remains are discovered, all construction activity in the
immediate area of the discovery shall cease immediately, and the
Archaeological monitor shall notify the County Medical Examiner
pursuant to California Health and Safety Section 7050.5. Should the
Medical Examiner determine the human remains to be Native
American; the Native American Heritage Commission shall be
contacted pursuant to California Public Resources Code Section
5097.98. The Native American Monitor (pursuant to Mitigation
Measure CULTURAL-2), in consultation with the Native American
Heritage Commission, shall inspect the site of the discovery of the
Batiquitos Lagoon Foundation Visitor’s Center
CUP 12-11/CDP 12-23
Mitigation Monitoring and Reporting Program Page 4 of 4
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Native American remains and may recommend to the City of Carlsbad,
and the project contractor, actions for treating or disposing, with
appropriate dignity, the human remains and any associated grave
goods. The recommendation may include the scientific removal and
nondestructive analysis of human remains and items associated with
Native American burials. The project contractor shall provide a
reasonable period of time for salvage of discovered human remains
before resuming construction activities.
CUL-2 Prior to the commencement of ground disturbing activities including
vegetation removal and brush clearing, the project developer shall
retain the services of a Native American monitor. The purpose of this
monitoring will be to allow for tribal observation of ground disturbing
activities including formalized procedures for the treatment of Native
American human remains and burial, ceremonial, or cultural items that
may be uncovered during any ground disturbance activities. The City
shall verify that the Native American monitor has been retained prior
to any ground disturbing activity. Prior to implementation of the
monitoring, a pre-ground disturbing agreement shall be developed
between the appropriate Native American Tribe and the developer.
The Native American representative(s) shall attend the pre-
construction meeting with the contractors to explain the requirements
of the program. The Native American monitor shall be on-site during
all ground-disturbing activities unless otherwise agreed upon by the
monitor and city staff.
Project Planning
Division and
Engineering
Division
EXHIBIT “ADDM”
ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CUP 12-11/CDP 12-23
The purpose of this Addendum to the Mitigated Negative Declaration is to describe revisions to the
Mitigation Monitoring and Reporting Program associated with the Batiquitos Lagoon Foundation Visitors
Center project, and to state the determination that this revision does not create any new significant
environmental effects, that none of the conditions contained in Section 15162 of the California
Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration
is not required.
The revisions contained in this addendum clarify language contained within Mitigation Measures CUL-1
and CUL-2 of the Mitigation Monitoring and Reporting Program. Comments received from the California
Department of Fish and Wildlife are addressed below and do not warrant further mitigation measures.
The following clarifications/revisions are to be added to mitigation measures CUL-1 and CUL-2:
Any reference made within the MND document to a “Pre-Ground Disturbing Agreement” is also
a Cultural Resources Treatment and Tribal Monitoring Agreement, or otherwise known as a Pre-
Excavation Agreement. The two agreements are one in the same;
Any and all uncovered artifacts of Native American Cultural importance as determined by the
Native American Heritage Commission should be returned to the Tribe, and/or most likely
descendant, and NOT CURATED;
Both the archaeological monitor and the Native American monitor should be treated with
respect for their training and experience have joint authority to temporarily divert or halt
ground disturbing activities if a cultural resource and/or archaeological artifact deposit or
cultural feature is discovered;
The Tribe must be consulted if a significant cultural resource and/or unique archaeological
resource is discovered during ground disturbing activities;
When cultural resources are discovered during the project, a Luiseno Native American monitor
must be present during any testing or cataloging of those resources;
When suspected Native American remains are unearthed, those remains should remain 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 Luiseno Native American monitor; and
Any fill material to be utilized from areas within the project site should be analyzed and
confirmed by an archaeologist and/or Luiseno Native American monitor that such fill material
does not contain cultural resources.
City response to California Department of Fish and Wildlife:
As stated on Page 11 and shown on Page 13 (Figure 4) of Appendix E of the Biological Resources
Technical Report prepared by Dudek 2014, a total of .56 acres of Eucalyptus woodland is to be
restored to coastal sage scrub and .28 acres of coastal sage scrub will be preserved. The
Batiquitos Lagoon Foundation has a Memorandum of Understanding (MoU) with the
Department of Fish and Wildlife to enhance, restore, and provide long-term management of
these areas.