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HomeMy WebLinkAbout2014-07-16; Planning Commission; Resolution 7064 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO ALLOW FOR THE 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . . . . . . . . . . . . . . . . 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. BATIQUITOS LAGOON FOUNDATION VISITORS CENTER CUP 12-11/CDP 12-23 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 CUP 12-11/CDP 12-23 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 CUP 12-11/CDP 12-23 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 CUP 12-11/CDP 12-23 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 BATIQUITOS LAGOON FOUNDATION VISITORS CENTER 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. BATIQUITOS LAGOON FOUNDATION VISITORS CENTER CUP 12-11/CDP 12-23 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. BATIQUITOS LAGOON FOUNDATION VISITORS CENTER CUP 12-11/CDP 12-23 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 CUP 12-11/CDP 12-23 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. BATIQUITOS LAGOON FOUNDATION VISITORS CENTER CUP 12-11/CDP 12-23 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 CUP 12-11/CDP 12-23 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 BATIQUITOS LAGOON FOUNDATION VISITORS CENTER CUP 12-11/CDP 12-23 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. BATIQUITOS LAGOON FOUNDATION VISITORS CENTER 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.