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HomeMy WebLinkAbout2015-11-04; Planning Commission; Resolution 7127 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 TO ALLOW FOR THE SUBDIVISION AND GRADING OF A DEVELOPED 3.13 ACRE SITE INTO TEN (10) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE (1) PRIVATE STREET/OPEN SPACE LOT ON PROPERTY LOCATED AT 1833 BUENA VISTA WAY AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MILES BUENA VISTA CASE NO.: CT 14-04/PUD 14-06 WHEREAS, Robert Miles, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as The easterly 300.00 feet of that portion of Lot 30 of Patterson’s Addition to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, and of that portion of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government survey, described as a whole as follows: Commencing at the intersection of the center line of Valley Street and Oak Avenue as shown on Map No. 565; thence along the center line of said Valley Street, north 3433’00” west 528.52 feet to the true point of beginning; thence continuing along said center line of Valley Street, north 3433’00” west, 657.07 feet to an intersection with the southerly line of said section 31; thence along said southerly line north 8907’00” west 43.31 feet to the most westerly corner of land conveyed to south coast land company by deed dated November 1, 1923 and recorded January 9, 1924 in Book 976, page 435 of deeds; thence along the northwesterly line of said land conveyed land north 5413’30” east 759.75 feet to the northerly corner thereof; thence along the northeasterly line of said land conveyed to south coast land company, south 3529’00” east, 563.12 feet to said southerly line of section 31; thence along said southerly line south 8907’00” east, 176.33 feet to an intersection with the center line of Canyon Drive (formerly Canon Street) as shown on said Map No. 565; thence along said center line south 1926’00” east 36.81 feet, more or less which bears north 5527’00” east parallel with the centerline of said Oak Avenue form the true point of beginning; thence along said parallel line south 5527’00” west, 864.32 feet to the true point of beginning. Excepting therefrom that portion lying southeasterly of a line that is parallel with and distant 233.03 feet northwesterly measured at right angles from the southeasterly line thereof PLANNING COMMISSION RESOLUTION NO. 7127 PC RESO NO. 7127 -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 (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on November 4, 2015, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 and subject to the following condition: 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 for CT 14-04/PUD 14-06 – MILES BUENA VISTA 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 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. 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: Miles Buena Vista PROJECT NO: CT 14-04/PUD 14-06 PROJECT LOCATION: 1833 Buena Vista Way, Carlsbad, California (San Diego County) PROJECT DESCRIPTION: The Miles Buena Vista project is proposing to subdivide a 3.13 acre (gross acreage) site into ten (10) single-family residential lots (Lots 1-10) and one (1) private street/open space lot (Lot 11) for a project density of 3.21 dwelling units per acre based off a net developable acreage of 3.12 acres. Residential dwelling units are not proposed as part of the project at this time, but will include development in the future of ten (10) single-family dwelling units on Lots 1-10 and two (2) second dwelling units on Lots 9 and 10 to satisfy the project’s inclusionary housing requirements. The proposed residential lots range in size from 9,500 square feet to 15,527 square feet. The proposed private street/open space lot is 26,168 square feet in size. Seven (7) of the proposed single-family lots will access the site via Buena Vista Way, while the remaining three (3) lots will access the site from McCauley Lane. The project includes demolition of a single-family home and garage structure, paved access road, above ground utilities, septic tank and leach field, and several small storage buildings and greenhouse shade structures. Project grading affects 2.80 acres of the total 3.13 acre site with grading quantities consisting of 5,456 cubic yards of remedial (removal & recompaction), 4,970 cubic yards of cut and 4,970 cubic yards of fill. No import or export is proposed. The project proposes a volume of grading equal to 1,775 cubic yards per acre. The Tentative Tract Map (CT 14-04) is required to subdivide the property into eleven (11) individual lots, and the Planned Development Permit (PUD 14-06) is required for the proposed private street/open space Lot 11. 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/services/depts/planning/agendas.asp. 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 Jason Goff, Associate Planner at the address listed below or via email to jason.goff@carlsbadca.gov. Comments must be received within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Planning Commission. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Division at (760) 602-4643. PUBLIC REVIEW PERIOD September 8, 2015 to October 8, 2015 PUBLISH DATE September 8, 2015 Initial Study June 2013 -1- Initial Study 1. PROJECT NAME: Miles Buena Vista 2. PROJECT NO: CT 14-04/PUD 14-06 3. LEAD AGENCY: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 4. PROJECT APPLICANT: BHA, Inc. Dale Clark Suite L 5115 Avenida Encinas Carlsbad, CA 92008 5. LEAD AGENCY CONTACT PERSON: Jason Goff, Associate Planner Office Phone: (760) 602-4643 Email: jason.goff@carlsbadca.gov 6. PROJECT LOCATION: 1833 Buena Vista Way (APN 156-220-02) 7. GENERAL PLAN LAND USE DESIGNATION: RLM (Residential Low-Medium Density, 0-4 du/ac) 8. ZONING: R-1-9,500 (One-family Residential, 9,500 sq. ft. min. lot size) 9. PROJECT DESCRIPTION: The Miles Buena Vista project is proposing to subdivide a 3.13 acre (gross acreage) site into ten (10) single-family residential lots (Lots 1-10) and one (1) private street/open space lot (Lot 11) for a project density of 3.21 dwelling units per acre based off a net developable acreage of 3.12 acres. Residential dwelling units are not proposed as part of the project at this time, but will include development in the future of ten (10) single-family dwelling units on Lots 1-10 and two (2) second dwelling units on Lots 9 and 10 to satisfy the project’s inclusionary housing requirements. The proposed residential lots range in size from 9,500 square feet to 15,527 square feet. The proposed private street/open space lot is 26,168 square feet in size. Seven (7) of the proposed single-family lots will access the site via Buena Vista Way, while the remaining three (3) lots will access the site from McCauley Lane. The project includes demolition of a single-family home and garage structure, paved access road, above ground utilities, septic tank and leach field, and several small storage buildings and greenhouse shade structures. Project grading affects 2.80 acres of the total 3.13 acre site with grading quantities consisting of 5,456 cubic yards of remedial (removal & compaction), 4,970 cubic yards of cut and 4,970 cubic yards of fill. No import or export is proposed. The project proposes a volume of grading equal to 1,775 cubic yards per acre. The Tentative Tract Map (CT 14-04) is required to subdivide the property into eleven (11) individual lots, and the Planned Development Permit (PUD 14-06) is required for the proposed private street/open space Lot 11. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The project site consists of a quadrilateral-shaped property located at 1833 Buena Vista Way in Carlsbad, California (San Diego County). The project site is bounded by Buena Vista Way and existing residential development to the north, existing residential development and McCauley Lane to the south, steeply sloping open space and Monroe Street to the east, and existing residential development and agricultural land to the west. Topographically, the site is generally flat-lying to very gently sloping in both the northwesterly and northeasterly directions. The overall gradient of the site is on the order of 12:1 [horizontal:vertical] Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -4- Initial Study EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -5- Initial Study I. AESTHETICS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒ b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? ☐ ☐ ☐ ☒ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ☐ ☐ ☐ ☒ d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? ☐ ☐ ☐ ☒ a-c) No Impact. The property is bounded by Buena Vista Way and existing residential development to the north, existing residential development and McCauley Lane to the south, steeply sloping open space and Monroe Street to the east, and existing residential development and agricultural land to the west. There are no public scenic vistas available from the site or across the site. No trees or rock outcroppings exist on site or 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 view shed of a State scenic highway or any State highway that is designated by Caltrans as eligible for listing as a scenic highway. No impact is assessed. d) No Impact. The proposed single-family residential use is consistent with the surrounding single-family residential uses and will be designed such that it does not contribute a significant amount of light or glare. No impact is assessed. 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? ☐ ☐ ☐ ☒ a) No Impact. According to the California Department of Conservation, Farmland Mapping and Monitoring Program, Important Farmland in California (2010), the project site is identified as “Urban and Built-up Land.” Therefore, the project does not covert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact is assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -6- Initial Study b) No Impact. The project site has a General Plan Land Use designation of Residential Low-Medium Density (RLM), which anticipates low to medium density residential development from 0 to 4 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. The project proposes single-family residential at a density of 3.21 dwelling units per acre consistent with the General Plan and GMCP. Furthermore, the subject site is not encumbered by a Williamson Act contract. No impact is assessed. c) No Impact. The subject property is an infill site currently developed with one single-family residence consistent with the RLM General Plan land use designation. The property is also being utilized as a wholesale nursery. The site is substantially surrounded by existing single-family development consistent with the RLM designation. No changes proposed by the project would impact other farms or result in additional farmland conversion in the area as none are adjacent. No impact is assessed. 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. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -7- Initial Study 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. As discussed under Land Use & Planning, Section X below, the proposed subdivision for future single-family residential development is consistent with the General Plan; therefore, the project would not have an adverse regional air quality impact. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following:  Is a regional air quality plan being implemented in the project area?  Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. b) Less than Significant Impact. The closest air quality monitoring stations to the project site are at Camp Pendleton and Escondido (E. Valley Parkway). Data available for these monitoring sites from 2009 through 2011, indicate that the most recent air quality violations recorded were as follows: the 1-Hour ozone concentration did not exceed the state standard any time during the years 2009 through 2011; the 8-Hour ozone concentration exceeded both the state and federal standard in 2009 and 2010 and the state standard was exceeded twice in 2011; the daily PM10 concentration exceeded the state standard in 2009, but not in 2010 or 2011; and the federal standard for PM10 and the federal 24-Hour PM2.5 standard was not exceeded during the 2009 through 2011 time period. No other violations of any air quality standards have been recorded during the years 2009 through 2011. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures and Best Management Practices (BMPs) that would reduce fugitive dust emissions and other criteria pollutant emissions during construction. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the proposed project’s incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -8- Initial Study d) No Impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. 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 Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City’s General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of the HMP. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -9- Initial Study The 3.13-acre property is extensively developed with an existing single-family home, garage and associated landscaped areas, as well as several storage buildings, gravel covered horticultural growing areas with shade structures overhead and a long paved driveway. The property is surrounded by existing single-family homes to the north and south, an existing single-family home and horticultural growing areas to the west; and a eucalyptus grove and Monroe Street to the east. According to the HMP, the site is identified as a Development Area, is not located adjacent to any Standards Areas or Existing or Proposed Hardline Preserve Areas; and is not located within or near a HMP core, linkage or special resource area. A Biologic Resource Survey was prepared by Marquez & Associates, Biological Consultant dated November 19, 2014 to provide a site specific evaluation of the biological resources on the project site. According to the report, the entire site is considered developed with no native plant species, except for three (3) lemonade berry and two (2) laurel sumac bushes located on the periphery of the site surrounded by jade plant and the adjacent eucalyptus grove offsite to the east. According to the report “the few native plants existing on-site are not sufficient to constitute habitat.” These plants will remain undisturbed along the edge of proposed open space Lot 11. Furthermore, the report indicates that the site is not expected to support any sensitive plant species nor be utilized by sensitive animal species; the site is not within or near a HMP core, linkage or special resource area; and no raptor nest were identified within the adjacent eucalyptus trees to the east. No mitigation is required for impacts to developed/paved areas. Therefore, impacts are considered to be less than significant. b-f) No Impact. The above Biological Resources Survey does not identify any wetlands or wetland habitat on site. No tributary areas were identified on site. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not significantly impact trees or other biological resources protected by such policy or ordinance. As discussed above, the project will not conflict with the HMP. No impact is assessed. V. CULTURAL/PALEONTOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? ☐ ☒ ☐ ☐ b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? ☐ ☒ ☐ ☐ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☐ ☐ ☒ d) Disturb any human remains, including those interred outside of formal cemeteries? ☐ ☒ ☐ ☐ a, b and d) Less than Significant with Mitigation Incorporated. A Cultural Resources Study was prepared for the site by ASM Affiliates on September 3, 2014. The study was conducted in accordance with the CEQA Section 15064.5 to determine the presence or absence of potentially significant prehistoric and historic resources within project’s area of potential effects (APE). This consisted of a review of all relevant site records and reports on file with the South Coastal Information Center (SCIC) of the California Historical Resources Information System (CHRIS) at San Diego State University with a ½-mile search radius, an intensive pedestrian survey of the APE on August 26, 2014, and review of the Sacred Lands Files held by the Native American Heritage Commission (NAHC). Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -10- Initial Study The results of the SCIC records search indicate no cultural resources or historic addresses have been previously recorded or located within the APE. The archeologic field survey of the site found it highly disturbed with most of the property developed; no cultural resources were identified. A NAHC records search was conducted on August 13, 2014; and on September 15, 2014 the NAHC responded that the sacred lands file had failed to indicate the presence of any Native American cultural resources within the immediate project area. Additionally, in accordance with Assembly Bill 52, the City of Carlsbad requested consultation with the San Luis Rey Band of Mission Indians and the Soboba Tribe of Luiseno Indians on July 1, 2015. Of those listed, the San Luis Rey Band of Mission Indians consulted with the City of Carlsbad in a meeting held on July 9, 2015 and also through email and telephone correspondence. No additional unknown cultural information regarding the APE was provided during the meeting nor through any later correspondence. However, a request for a formal pre-excavation agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians was requested in addition to required archeological monitoring so as to specifically address any cultural resources that may be found given the Band’s traditional territory. Although the current investigation by ASM did not identify any significant resources within the APE, it did indicate that past results of the archeological records searches and cultural resources studies within the ½-mile radius indicate that there is a potential for buried cultural resource deposits within the area. Therefore, in accordance with the CEQA Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; mitigation measures have been added to the project requiring archaeological monitoring by both a qualified archaeologist and Luiseño Native American monitor(s) of the San Luis Rey Band of Mission Indians during ground-disturbing activities. Through implementation of the mitigation measures recommended in the ASM report, along with the requirements of tribal monitoring and a formal pre- excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) No Impact. A Paleontological Resources Assessment was prepared for the project site by the Department of PaleoServices, San Diego Natural History Museum, dated February 24, 2105. Both an institutional records search and field survey of the site were conducted. The assessment determined that because of the weathered and oxidized nature of the Bay Point Formation strata at the project site, the lack of know fossil resources in the these strata within 1-mile of the project site, and the relatively shallow depth of proposed excavations, the project will not impact paleontological resources and no paleontological mitigation is being recommended. No impact is assessed. 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 ☐ ☐ ☐ ☒ Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -11- Initial Study VI. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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 is assessed. a.ii.–a.iii.) Less than Significant Impact. A Preliminary Geotechnical Evaluation of the project site was prepared by GeoSoils, Inc. (dated March 17, 2014) to provide subsurface information and geotechnical recommendations specific to the proposed residential subdivision. An addendum to the geotechnical evaluation was later prepared dated March 18, 2015. According to the report(s) there are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California that could affect Carlsbad, the closest of which is the offshore segment of the Newport-Inglewood Fault, which is located at a distance of approximately 5.8 miles to the west. Strong seismic ground shaking is a potential that affects all construction in this region of California. It is understood that the same building code standards, which ensure the relative safety of all new residential construction in the region, will be applied to the future units constructed on the proposed lots. Conditions of project approval require that all project related geotechnical recommendations identified in the preliminary geotechnical evaluation be incorporated into the design of the project. According to the preliminary geotechnical evaluation, the site geologic units encountered during the subsurface investigation and site reconnaissance included small, localized areas of undocumented artificial fill, localized Quaternary-age colluvium (topsoil), Quaternary-age old paralic deposits (weathered and unweathered), and Tertiary-age Santiago Formation. The susceptibility of the site to experience damaging deformations from seismically-induced liquefaction and densification is relatively low owing to the dense, nature of the older paralic deposits that underlie the site in the near-surface and the depth of the regional water table. Furthermore, the Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -12- Initial Study recommendations for remedial earthwork and foundations would reduce any significant liquefaction/densification potential. Some seismic densification of the adjoining un-mitigated site(s) may adversely influence planned improvements at the perimeter of the site. However, given the remedial earthwork and foundation recommendations provided within the preliminary geotechnical evaluation, the potential for the project to be affected by significant seismic densification or liquefaction of offsite soils is low and thus reduces impacts to less than significant. Additionally, the preliminary geotechnical evaluation also considered other geologic/seismic related hazards, such as subsidence, dynamic settlement, surface fault rupture, ground lurching or shallow ground rupture, tsunami and seiche. The evaluation found that these hazards are considered negligible and/or mitigated as a result of site location, soil characteristics and typical site development procedures. By following the recommendations contained within the referenced geotechnical evaluation, the proposed development is feasible from a geotechnical engineering and geologic viewpoint and exposure of people or structures to geotechnical related hazards is considered less than significant. a.iv.) Less than Significant Impact. The above noted preliminary geotechnical evaluation included a slope stability analyses for the offsite easterly-facing slope, descending from the project site to Monroe Street below. The analyses indicates the subject slope has an inadequate gross Factor-of-Safety (FOS) to a point located approximately ±23.8 feet from the top of the slope. According to the report, improvements constructed within this zone have the potential to be adversely affected by deep- seated slope failures. In addition, the analyses indicates that the steeper portions of the offsite slope (i.e., slope gradients greater than 2:1) have a surficial FOS of less than 1.5. While GeoSoils Inc. did not observe any geomorphic expressions indicative of significant past mass wasting events or encounter any landslide debris or adverse geologic structures during their field investigations; recommendations listed in their evaluation include either stabilization of the slope or use of structural setbacks. Given the easterly-facing slope is an offsite condition, structural setbacks have been introduced as a project design feature to reduce impacts to a less than significant level. The area discussed in the preliminary geotechnical evaluation as being encumbered by a FOS of less than 1.5, has been identified and placed within an open space easement within proposed Lot 11 outside of the proposed private road and residential lots. Therefore, all structures, including the private road will be located outside of and beyond the area of development containing a FOS of less than 1.5, thus reducing impacts to less than significant. By following the recommendations contained within the referenced geotechnical evaluation combined with the project design features shown on the plans, the proposed development is feasible from a geotechnical engineering and geologic viewpoint and exposure of people or structures to geotechnical related hazards such as landslides or slope failure is considered to be less than significant. b) Less than Significant Impact. During finish grading, exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as straw matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. c) Less than Significant Impact. See above response in Sections a.i. through a.iv. d) Less than Significant Impact. According to the preliminary geotechnical evaluation prepared for the project by GeoSoils Inc., laboratory testing indicates that the expansion indices of the representative Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -13- Initial Study samples of onsite earth materials are less than 5, which correlates to a very low expansion potential. By following the recommendations contained within the referenced geotechnical evaluation, the proposed development is feasible from a geotechnical engineering and geologic viewpoint and substantial risk to life or property resulting from expansive soils is considered less than significant. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. No impact is assessed. VII. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ☐ ☐ ☒ ☐ b) Conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases? ☐ ☐ ☒ ☐ a-b) Less than Significant Impact. The project is expected to generate GHG emissions in the short-term as a result of construction emissions and in the long-term as a result of automobile trips and energy consumption. Based on the GHG emission calculations contained within the Greenhouse Gas Assessment prepared for the project by LDN Consulting, Inc., October 13, 2014, the proposed project is expected to generate a total of 267.72 metric tons of carbon dioxide equivalent emissions (CO2e). Of this, automobile trips would represent 200.64 metric tons of CO2e emissions; energy consumption would represent 61.99 metric tons of CO2e emissions; and project related construction emissions would represent 5.08 metric tons of CO2e emissions averaged over a 30 year period. The California Air Pollution Control Officers Association (CAPCOA) published a white paper with a suggested significance screening threshold criteria of 900 metric tons of GHGs. While the proposed project is expected to generate some short-term and long-term GHG emissions that could contribute directly and indirectly to the environment, the total GHG emissions (267.72 CO2e) 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. 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? ☐ ☒ ☐ ☐ Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -14- 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 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-b) Less than Significant with Mitigation Incorporated. A Phase I Environmental Site Assessment and Limited Phase II Soil Evaluation was prepared for the project property by GeoSoils, Inc. (GSI), dated May 20, 2014. An addendum was later prepared by GSI on February 20, 2015. At the time of the reports, the property was presently being utilized as a wholesale nursery. Structures on the property included greenhouses, a residence and garage, storage buildings and several small sheds (one of which was used for pesticide storage). No evidence of spills or release of hazardous chemicals or materials in the form of stained soil or significant odor was readily observed. However, based on the use of the subject site as a wholesale nursery, GSI performed a limited soil screening evaluation to determine if soil had been impacted by agricultural residues. Organochlorine pesticide testing was performed in accordance with Environmental Protection Agency (EPA) method 8081A. Concentrations of DDE, DDT, Chlordane, Dieldren, Heptachlor Epoxide and Toxaphene were detected; however, the detected concentrations of DDE, DDT, Dieldrin and Toxaphen did not exceed the California Human Health Screening Levels (CHHSLs) developed by the California Environmental Protections Agency (CEPA, 2005), so as not to represent a risk to human health; and Heptachlor Epoxide did not exceed the Regional Screening Levels as set forth by the US Environmental Protection Agency (USEPA). In contrast, Chlordane was detected in shallow soils (upper 8 inches to 1 foot) that exceed the CHHSLs and may possibly represent a risk to human health if not mitigated. As such, GSI recommends that 1) the site be entered into the County of San Diego Department of Environmental Health (DEH) Site Assessment and Mitigation (SAM) Voluntary Assistance Program (VAP) for oversight of soil mitigation; and 2) removal and reburial of affected soils be in accordance with San Diego VAP guidelines. Implementation of this mitigation measure will reduce any potential impacts to a less than significant level. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -15- Initial Study The GSI evaluations also indicates that the existing residential structure and garage (former barn) may contain Asbestos Containing Materials (ACMs) and Lead-Based Paints (LBPs) based on their age. A mitigation measure shall be incorporated requiring ACM and LBP surveys be performed onsite by a licensed asbestos/lead consultant prior to demolition of the existing structures onsite. A phase converter mounted on a concrete pad within an electrical shed near the center of the property was also observed leaking a minor amount of oil. Soil around the slab was not stained and given the install date of 1991, the oil is unlikely to contain PCPs. However, the report recommends care in handling the equipment during removal, and if stained soil is observed during grading in the vicinity of the equipment, the soil should be disposed of in accordance with applicable state and federal regulations. Additionally, all trash, debris, and waste materials should be disposed of offsite, in accordance with current local, state, and federal disposal regulations. Any materials containing petroleum residues encountered during property improvements should be evaluated prior to removal and disposal, following proper procedures. Any buried trash/debris encountered should be evaluated by an experienced environmental consultant prior to removal. By following the recommendations contained within the referenced reports and the added mitigation measures, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered to be less than significant. The project also involves grading operations and construction activity for the future development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. c) No Impact. The project site is not located within one-quarter mile of any proposed or existing school. Therefore, no impact is assessed. d) Less than Significant with Mitigation Incorporated. According to the to the “Phase I Environmental Site Assessment and Limited Phase II Soil Evaluation” prepared by GSI and dated February 20, 2015, and addendum dated February 20, 2015, the subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; however, it does appear on a separate Historic Underground Storage Tank (Hist UST) database and County of San Diego Hazardous Material Mitigation Division (HMMD) database. According to the Hist UST database, a 500-gallon Underground Storage Tank (UST) containing unleaded fuel was identified as being historically present at the site with no information regarding its official removal. Interviews with the property owner revealed that the UST was installed in the early 1970’s and subsequently removed approximately one year after installation. GSI conducted a limited soil evaluation for the former UST. The soil analytical results indicated that the total petroleum hydrocarbons, extended range, benzene, toluene, ethyl benzene, total xylenes (BTEX), and fuel oxygenates methyl tertiary-butyl ether, disopropyl ether, tertiary amyl-methyl ether, and tertiary Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -16- Initial Study butyl alcohol were not detected above laboratory reporting limits. Although soil analytical results indicate that the reported location of the former UST has not been affected by petroleum hydrocarbons, GSI recommended that should any UST be discovered during redevelopment activities, its removal shall be handled under the oversight of the County of San Diego Department of Environmental Health (DEH). Implementation of this mitigation measure will reduce any potential impacts to a less than significant level. According to the HMMD database, the subject site has reportedly had a permit to handle hazardous materials in the past, which expired in 2000. However, according to the GIS reports, the facility was reportedly last inspected in 2011, and appears to have operated in a lawful manner. Through implementation of the mitigation measures discussed in above sections a-b and by following the recommendations contained within the referenced reports, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered less than significant. e) No Impact. The subject site is located approximately 4.3 miles northwest of the McClellan-Palomar Airport. Because the site is located outside of the McClellan-Palomar Airport Area of Influence and furthermore is not located within any Flight Activity Area or Runway Protection Zone, it is concluded that the site will not cause a safety hazard for people residing within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. g) No Impact. The proposed project involves the redevelopment of a wholesale nursery located along the south side of Buena Vista Way and east side of McCauley Lane. Neither construction nor the operation of the proposed project facilities will significantly 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. h) No Impact. The project is not adjacent to open space or natural habitat, and is not located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. As such, no fire suppression plans are required for this project and no impact is assessed. 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 ☐ ☐ ☒ ☐ Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -17- 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 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. As part of the permit requirements, the applicant will prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) for the project. Through each phase of construction, 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 Water Management Plan (SWMP) addressing what treatment Best Management Practices (BMPs) will be constructed to treat the post-development runoff from the project. The SWMP will address how pollutants from this Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -18- Initial Study project will be reduced, captured, filtered, and/or treated prior to discharge from the project site. 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) Less than Significant Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project’s water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. A Preliminary Drainage Study and a Preliminary Storm Water Management Plan dated March 3, 2015, were prepared for the Miles Buena Vista project by BHA, Inc. According to the reports, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to bio-retention basins (Basins 1-10). The implementation of the LID design features will mitigate the potential impacts that the development can have on storm water. The project will not significantly deplete groundwater supplies or quality. Therefore, impacts are considered to be less than significant. c-f) Less than Significant Impact. The Preliminary Drainage Study and Preliminary Storm Water Management Plan (March 3, 2015) for the project indicate that the proposed drainage design does not adversely affect surrounding properties and the storm drain system adequately drains the proposed project in a 100-year storm event. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations and temporary impacts associated with the construction operation will be mitigated. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. The project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to bio-retention basins to serve as a treatment BMP to attain water quality objectives. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of storm water drainage systems. The above reports indicate that Standard Storm Water Permanent Best Management Practices (BMPs) will be incorporated into the project design to address water quality for the project. BMPs will be implemented during construction and post construction phases, which specifically address sediments, nutrients, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. As discussed in the above sections, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. As a result of these project design features, there will be less than significant impact to water quality, site erosion, and pollutant discharge, and no receiving water quality will be adversely affected through implementation of the proposed project. g-j) No Impact. The project site is not located within a 100-year flood hazard area according to Flood Insurance Rate Map, Map No. 06073C0762G, Effective Date May 16, 2012; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps, November 1992, the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -19- Initial Study X. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Physically divide an established community? ☐ ☐ ☐ ☒ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ☐ ☐ ☐ ☒ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ☐ ☐ ☐ ☒ a-c) No Impact. The project involves subdivision of the site into ten (10) residential lots and one (1) private street/open space lot for the future construction of ten (10) detached single-family dwelling units and two (2) second dwelling units, which are consistent with the surrounding land uses. The site does not physically divide an established community, nor does the proposed project conflict with any existing or proposed land use plans or policies, or habitat conservation plans or natural community conservation plans of the City of Carlsbad. The project is consistent with the City of Carlsbad General Plan Land Use designation for the site, which is identified as RLM (Residential Low-Medium Density). RLM anticipates single-family dwellings at 0 to 4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. The project is constructing at a density of 3.21 dwelling units per acre, which is within the RLM density range and consistent with the GMCP. No impact is assessed. XI. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ☐ ☐ ☐ ☒ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ☐ ☐ ☐ ☒ a-b) No Impact. Carlsbad is devoid of non-renewable energy resources. Mineral resources within the City are no longer being utilized and extracted as exploitable natural resources. Therefore, no mineral resource impacts will occur as a result of any project. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -20- Initial Study XII. NOISE Would the project result in: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? ☐ ☐ ☐ ☒ b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? ☐ ☐ ☒ ☐ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ☐ ☐ ☐ ☒ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ☐ ☐ ☒ ☐ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ☐ ☐ ☐ ☒ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ☐ ☐ ☐ ☒ a) No Impact. The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual. The proposed project is located outside the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad’s General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2010), and is outside the 60 dB(A) CNEL noise contour as indicated in Exhibit III-1 of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). No impact is assessed. b, d) Less than Significant Impact. The anticipated grading operations associated with the proposed single-family lots will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the completion of grading, ambient noise level and vibrations are expected to return to pre-existing levels. Therefore, impacts are considered to be less than significant. c) No Impact. The project consists of ten (10) single-family residential lots, which are consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels that would exceed the established standards. No impact is assessed. e) No Impact. The subject site is located approximately 4.3 miles northwest of the McClellan-Palomar Airport. Because the site is located outside of the Airport Area of Influence and furthermore is not located within the Traffic Pattern Zone or noise contour lines, it is concluded that subdividing the site into ten (10) single-family residential lots and locating future homes at this site will not cause airport noise impacts for people residing within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -21- Initial Study XIII. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ☐ ☐ ☐ ☒ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ a-c) No Impact. The project will allow for the future development of ten (10) single-family residential dwelling units and two (2) second dwelling units, which is consistent with the intensity of the surrounding land uses. The properties in the immediate vicinity, including the project site, is designated for RLM (0-4 du/ac) residential low medium density development and was analyzed in the City’s Growth Management Plan accordingly. The density of the proposed residential development (3.21 du/ac) is consistent with the City of Carlsbad General Plan and Growth Management Plan. One (1) single-family home will be demolished; however, it is owned by Robert Miles of the Robert Miles Living Trust, who is also the developer of the project. Therefore, the project will not displace substantial numbers of existing housing or people. Therefore, no impact is assessed. XIV. PUBLIC SERVICES Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any 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 project will allow for the future development of ten (10) single-family residential dwelling units and two (2) second dwelling units, which is consistent with the General Plan and therefore will not affect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). Through the Carlsbad Growth Management Plan and Zone Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -22- Initial Study 1 Local Facilities Management Plan (LFMP), the impacts of development on public services were analyzed and the project has been designed and/or conditioned to provide adequate public services to meet the needs of development. The project will be conditioned to comply with the Zone 1 LFMP performance standards to ensure that adequate public facilities and services are provided prior to or concurrent with the development. Since single family residential development was anticipated and analyzed by the General Plan and Zone 1 LFMP for this site, no public service impacts will occur as a result of this project. 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 will allow for the future development of ten (10) single-family residential dwelling units and two (2) second dwelling units, which will not result in the deterioration of existing neighborhoods or regional parks or cause such parks to be expanded. The General Plan and Growth Management Plan anticipated single-family residential development at this site, and the North-West Quadrant park district, which the project is within, currently maintains a surplus of park acreage for its population level, so no adverse physical effects on the recreation facilities will occur. 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? ☐ ☐ ☐ ☒ Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -23- Initial Study XVI. TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ☐ ☐ ☐ ☒ e) Result in inadequate emergency access? ☐ ☐ ☐ ☒ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ☐ ☐ ☐ ☒ a) Less than Significant Impact. The 10 lot single-family residential subdivision with minimum 9,500 sq. ft. lots will generate 100 Average Daily Trips (ADT), a net increase of 80 ADT over the existing single- family residential and nursery use. Once constructed, traffic from this project will primarily utilize Carlsbad Village Drive. While the increase in traffic from the project may be slightly noticeable, the street system is designed and sized to accommodate traffic from this project along with cumulative development within the City of Carlsbad. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Therefore, impacts from the proposed project are considered to be 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 is assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact is assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact is assessed. f) No Impact. The project is not served by, nor is it located within an area conducive to public transportation. No impact is assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -24- 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 residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 1 LFMP anticipated that the project site would be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed density (3.21 dwelling units per net acre) is equal to that which was originally anticipated (3.2 dwelling units per acre) for this site and thus will not result in an overall increase in the City’s growth projection in the NW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact is assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -25- 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 subject site does not support any protected or sensitive biological resources or habitat types; it does not contain any fish or wildlife species; and is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species. However, the project’s required mitigation as outlined in the Cultural Resources section will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. 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, congestion management standards, etc. are established to reduce the cumulative impacts of development in the region. All of the city’s development standards and regulations are consistent with the region wide standards. The city’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the city will not result in a significantly cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, air quality would essentially be the same whether or not the development is constructed. With regard to any other potential impacts associated with the project, city standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) No Impact. Based upon the residential nature of the project and that future development of the site will comply with city standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -26- Initial Study XIX. LIST OF MITIGATION MEASURES: CUL-1 – The following archeological resource mitigation measures shall be implemented: a) Prior to the issuance of a grading permit and commencement of any ground disturbing activities, the project developer shall retain the services of a qualified archaeologist to monitor ground- disturbing activities. The applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. The verification shall be presented in a letter from the project archaeologist to the lead agency. b) The qualified archaeologist shall attend a preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues; and to further explain and coordinate the requirements of the monitoring program. c) The qualified archaeologist shall be on-site during all grading, trenching, and other ground- disturbing activities unless otherwise agreed upon by the archaeologist and city staff. d) 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 archeologist. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the find 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 artifactual 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 and submitted to the satisfaction of the lead agency prior to issuance of any building permits for the development of the future homes. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement (pursuant to Mitigation Measure CUL-2). e) 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 CUL-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. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -27- Initial Study CUL-2 – The following cultural resource mitigation measures shall be implemented: a) Prior to the commencement of any ground disturbing activities, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians. This agreement will contain provisions to address the proper treatment of any cultural resources or Luiseño Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. b) Any and all uncovered artifacts of Luiseño Native American cultural importance should be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. c) Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find. d) The Luiseño Native American monitor shall be present at the project’s preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. e) If a significant cultural resource(s) and/or unique archaeological resource(s) are unearthed during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resources is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. f) When cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseño Native American monitor, may in their discretion, collect said resources and provide them to the tribe and respectful and dignified treatment in accordance with the San Luis Rey Band of Mission Indians cultural and spiritual traditions. g) If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the analysis of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -28- Initial Study then immediately notify the “Most Likely Descendant” of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. h) In the event that fill is imported into the project area, the fill shall be clean of cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material does not contain cultural resources. HAZ-1 – Based on the presence of organochlorine pesticides in the onsite soils, an application shall be entered into the County of San Diego Department of Environmental Health (DEH), Site Assessment & Mitigation (SAM) Voluntary Assistance Program (VAP) for oversight of soils mitigation. Any removal and/or reburial of affected soils shall be in accordance with San Diego VAP guidelines. Prior to issuance of a grading permit, evidence of completion of the above said program shall be submitted to the Planning Division to the satisfaction of the City Planner. HAZ-2 – Prior to the issuance of a demolition permit for the existing structures onsite, an asbestos containing materials (ACM) and lead containing paint (LCP) survey shall be performed on the site by a licensed asbestos/lead consultant. If ACM and/or LCP are found to be present, the materials shall be disposed of by a licensed professional. Evidence of the work performed shall be submitted to the City of Carlsbad prior to the issuance of a grading permit. HAZ-3 – Although the soil analytical results indicated that the reported location of the former underground storage tank (UST) has not been affected by petroleum hydrocarbons, should any UST be discovered during redevelopment activities, grading operations shall be immediately halted and the find reported to the County of San Diego Department of Environmental Health for proper handling and oversight in its removal. HAZ-4 – Care shall be taken in handling the removal of the phase convertor electrical equipment during construction activities. If any stained soil is observed during grading and redevelopment activities at this location, the soil shall be disposed of in accordance with all applicable state and federal regulations. HAZ-5 – All trash, debris, and waste materials within the project site shall be disposed of offsite, in accordance with current local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. 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. Project Name: Miles Buena Vista Project No: CT 14-04/PUD 14-06 June 2013 -29- Initial Study 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. California Department of Conservation, Division of Land Resources Protection, Farmland Mapping and Monitoring Program, ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/statewide/2010/fmmp2010_20_23.pdf 7. Preliminary Geotechnical Evaluation, Proposed Residential Subdivision, 1833 Buena Vista Way, Carlsbad, San Diego County, California, GeoSoils, Inc., March 17, 2014. (W.O. 6637-A-SC) 8. Addendum to Preliminary Geotechnical Evaluation, Proposed Residential Subdivision, 1833 Buena Vista Way, Carlsbad, San Diego County, California, GeoSoils, Inc., March 18, 2014. (W.O. 6637-A-SC) 9. Miles Buena Vista Property Biological Technical Letter Report, Marquez & Associates, Biological Consultants, November 19, 2014. 10. Cultural Resources Study for the Property at 1833 Buena Vista Way, San Diego County, California, ASM Affiliates, September 3, 2014. 11. Abbreviated Technical Report, Paleontological Resources Assessment, Miles Buena Vista, City of Carlsbad, San Diego County, California, PaleoServices, San Diego Natural History Museum, February 24, 2015. 12. Greenhouse Gas Assessment, Miles Tentative Map, 1833 Buena Vista Residential Development, Carlsbad, CA, Ldn Consultants, October 13, 2014. 13. Phase I Environmental Site Assessment and Limited Phase II Soil Evaluation, APN 156-220-02-00, 1833 Buena Vista Way, Carlsbad, San Diego County, California, GeoSoils, Inc., May 20, 2014. (W.O. E6637- SC) 14. Update and Addendum to “Phase I Environmental Site Assessment and Limited Phase II Soil Evaluation, APN 156-220-02-00, 1833 Buena Vista Way, Carlsbad, San Diego County, California, 92008,” W.O. E6637-SC dated May 20, 2014 by GeoSoils, Inc. GeoSoils, Inc., February 20, 2015 (W.O. E6637.1-SC) 15. Drainage Study, CT 14-04/PUD 14-06, Miles Buena Vista, 1833 Buena Vista Way, City of Carlsbad, BHA, Inc. dated August 14, 2014 and revised March 3, 2015. (W.O. 901-1289-400 MM) 16. Priority Development Project Storm Water Management Plan for CT 14-04/PUD 14-06, Miles Buena Vista, 1833 Buena Vista Way, BHA, Inc. dated August 14, 2014 and revised March 3, 2015. (W.O. 901- 1289-400) 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 6 Mitigation Monitoring and Reporting Program PROJECT NAME: Miles Buena Vista PROJECT NO: CT 14-04/PUD 14-06 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 CUL-1 The following archaeological resource mitigation measures shall be implemented: a. Prior to the issuance of a grading permit and commencement of any ground disturbing activities, the project developer shall retain the services of a qualified archaeologist to monitor ground-disturbing activities. The applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. The verification shall be presented in a letter from the project archaeologist to the lead agency. b. The qualified archaeologist shall attend a preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues; and to further explain and coordinate the requirements of the monitoring program. c. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff. Prior to issuance of grading permit/on- going PLN/ENG n/a PROJECT NAME: Miles Buena Vista PROJECT NUMBER: CT 14-04/PUD 14-06 Mitigation Monitoring and Reporting Program Page 2 of 6 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks d. 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 archeologist. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the find 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 artifactual 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 and submitted to the satisfaction of the lead agency prior to issuance of any building permits for the development of the future homes. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement (pursuant to Mitigation Measure CUL-2). e. 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; PROJECT NAME: Miles Buena Vista PROJECT NUMBER: CT 14-04/PUD 14-06 Mitigation Monitoring and Reporting Program Page 3 of 6 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 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 CUL-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. CUL-2 The following cultural resource mitigation measures shall be implemented: a. Prior to the commencement of any ground disturbing activities, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians. This agreement will contain provisions to address the proper treatment of any cultural resources or Luiseño Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. b. Any and all uncovered artifacts of Luiseño Native American cultural importance should be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. c. Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be Prior to issuance of grading permit/on- going. PLN/ENG n/a PROJECT NAME: Miles Buena Vista PROJECT NUMBER: CT 14-04/PUD 14-06 Mitigation Monitoring and Reporting Program Page 4 of 6 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find. d. The Luiseño Native American monitor shall be present at the project’s preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. e. If a significant cultural resource(s) and/or unique archaeological resource(s) are unearthed during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resources is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. f. When cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseño Native American monitor, may in their discretion, collect said resources and provide them to the tribe and respectful and dignified treatment in accordance with the San Luis Rey Band of Mission Indians cultural and spiritual traditions. g. If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further PROJECT NAME: Miles Buena Vista PROJECT NUMBER: CT 14-04/PUD 14-06 Mitigation Monitoring and Reporting Program Page 5 of 6 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the analysis of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must then immediately notify the “Most Likely Descendant” of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. h. In the event that fill is imported into the project area, the fill shall be clean of cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material does not contain cultural resources. HAZ-1 Based on the presence of organochlorine pesticides in the onsite soils, an application shall be entered into the County of San Diego Department of Environmental Health (DEH), Site Assessment & Mitigation (SAM) Voluntary Assistance Program (VAP) for oversight of soils mitigation. Any removal and/or reburial of affected soils shall be in accordance with San Diego VAP guidelines. Prior to issuance of a grading permit, evidence of completion of the above said program shall be submitted to the Planning Division to the satisfaction of the City Planner. Prior to issuance of grading permit. PLN/ENG n/a PROJECT NAME: Miles Buena Vista PROJECT NUMBER: CT 14-04/PUD 14-06 Mitigation Monitoring and Reporting Program Page 6 of 6 MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks HAZ-2 Prior to the issuance of a demolition permit for the existing structures onsite, an asbestos containing materials (ACM) and lead containing paint (LCP) survey shall be performed on the site by a licensed asbestos/lead consultant. If ACM and/or LCP are found to be present, the materials shall be disposed of by a licensed professional. Prior to issuance of a demolition permit. PLN/ENG n/a Evidence of the work performed shall be submitted to the City of Carlsbad prior to the issuance of a grading permit. Prior to issuance of a grading permit. PLN/ENG n/a HAZ-3 Although the soil analytical results indicated that the reported location of the former underground storage tank (UST) has not been affected by petroleum hydrocarbons, should any UST be discovered during redevelopment activities, grading operations shall be immediately halted and the find reported to the County of San Diego Department of Environmental Health for proper handling and oversight in its removal. During grading operations. ENG n/a HAZ-4 Care shall be taken in handling the removal of the phase convertor electrical equipment during construction activities. If any stained soil is observed during grading and redevelopment activities at this location, the soil shall be disposed of in accordance with all applicable state and federal regulations. During grading operations. ENG n/a HAZ-5 All trash, debris, and waste materials within the project site shall be disposed of offsite, in accordance with current local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. During grading operations. ENG n/a