HomeMy WebLinkAbout2016-05-04; Planning Commission; Resolution 71661
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PLANNING COMMISSION RESOLUTION NO. 7166
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATED MONITORING AND REPORTING
PROGRAM AND ADDENDUM TO ALLOW FOR THE CONVERSION OF 7,286
SQUARE FEET OF GROUND FLOOR WAREHOUSE SPACE TO MEDICAL
OFFICE AND THE EXPANSION OF A PARKING AREA CONTAINING 28
SPACES WITHIN THE OFFICE ZONE AND MELLO II SEGMENT OF THE CITY'S
COASTAL ZONE LOCATED AT 6125 PASEO DEL NORTE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: 6125 PASEO DEL NORTE
CASE NO.: CDP 15-17(A)
WHEREAS, BSD BUILDERS, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by 6125 Paseo Del Norte, llC, "Owner," described as
ParcelS of Parcel Map 6022, in the City of Carlsbad, County of San Diego,
State of California, Filed in the Office of the County Recorder of San
Diego County, June 8, 1977 as instrument No. 77-224223 of official
records.
("the Property"); and
WHEREAS, a Mitigated Negative Declaration and Mitigated Monitoring and Reporting
Program and Addendum was prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on May 4, 2016, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Commission
hereby ADOPTS the Mitigated Negative Declaration and Mitigated Monitoring and
Reporting Program and Addendum, Exhibit "MND," according to Exhibits "Notice of
Intent (NOI)," and "Environmental Impact Assessment Form -Initial Study (EIA),"
attached hereto and made a part hereof, based on the following findings:
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Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a.
b.
c.
d.
it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for 6125 Paseo Del Norte
-COP 15-17(A), the environmental impacts therein identified for this project and any
comments thereon prior to APPROVING of the project; and
the Mitigated Negative Declaration and Addendum has been prepared in accordance
with requirements of the California Environmental Quality Act, the State Guidelines and
the Environmental Protection Procedures of the City of Carlsbad; and
it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason{s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
-PC RESO NO. 7166 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 4, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
~~~w
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
a.~
DON NEU
City Planner
PC RESO NO. 7166 -3-
PROJECT NAME:
PROJECT NO:
PROJECT LOCATION:
MITIGATED NEGATIVE DECLARATION
6125 PASEO DEL NORTE
CDP 15-17(A)
6125 Paseo Del Norte
City of
Carlsbad
PROJECT DESCRIPTION: Request to amend a previously approved Coastal Development Permit to convert
warehouse space to medical office and construct a 31 space parking lot with AC pavement and pervious
concrete. The Habitat Management Plan boundary will be adjusted due to previous mapping errors.
Restoration of habitat on the adjacent property to the south is proposed and will be funded through an
endowment.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial Study
identified potentially significant effects on the environment, and the City of Carlsbad finds as follows:
Although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on the attached sheet have been
added to the project.
A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file
in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: ________ ~M~a~y_4~·~2~0~16~------------~·4p~u~rs=u~a~n~t~t~o~P~Ia~n~n~in~g~C~o~m~m~i~ss~io~n~R~e~so~l~ut~io~n
No. 7166
VAN LYNCH
Principal Planner
& Economic
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 i 760-602-8560 fax
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: 6125 PASEO DEL NORTE
PROJECT NO: CDP 15-17(A)
PROJECT LOCATION: 6125 Paseo Del Norte
{city of
Carlsbad
PROJECT DESCRIPTION: Request to amend a previously approved Coastal Development Permit to convert
warehouse space to medical office and construct a 31 space parking lot with AC pavement and pervious
concrete. Restoration of habitat on the adjacent property to the south is proposed and will be funded
through an endowment.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review ofthe above
described project pursuant to the Guidelines for Implementation of the California Environmental Quality
Act (CEQA) and the Environmental Protection Ordinance oft he 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 ofthe CEQA Guidelines,
in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed
finding that the project will not have a significant effect on the environment. If persons and public
agencies believe that the project may have a significant effect, they should: (1) identify the specific effect;
(2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be
significant. Written comments regarding the draft Mitigated Negative Declaration should be directed to
Austin Silva, Associate Planner at the address listed below or via email to austin.silva@carlsbadca.gov.
Comments must be received within 30 days ofthe date ofthis notice.
The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption
by the Planning Commission. Additional public notices will be issued when those public hearings are
scheduled. If you have any questions, please call Austin Silva in the Planning Division at (760) 602-4631.
PUBLIC REVIEW PERIOD
PUBLISH DATE
February 5 2016-March 6, 2016
February 5, 2016
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
Initial Study
1. PROJECT NAME: 6125 Paseo Del Norte
2. PROJECT NO: COP 15-17(A)
3. LEAD AGENCY:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
5. LEAD AGENCY CONTACT PERSON:
austin.silva@carlsbadca.gov
4. PROJECT APPLICANT:
City of
Carlsbad
Hofman Planning & Engineering
Bill Hofman
3156 Lionshead Ave. Ste. 1
Carlsbad, CA 92010
Austin Silva, Associate Planner, {760) 602-4631,
6. PROJECT LOCATION: 6125 Paseo Del Norte, Carlsbad, CA (south of Palomar Airport Road and
immediately east of Interstate 5 freeway)
7. GENERAL PLAN LAND USE DESIGNATION: Travel-Recreation/Office (APN 211-040-25) & Open
Space (APN 211-040-26)
8. ZONING: Residential-Professional (both parcels)
9. PROJECT DESCRIPTION: Request to amend a previously approved Coastal Development Permit to
convert warehouse space to medical office and construct a 31 space parking lot with AC pavement
and pervious concrete. Restoration of habitat on the adjacent property to the south is proposed
and will be funded through an endowment.
10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The project site covers two parcels
(211-040-25 (north parcel) & 211-040-26 (south parcel)), in which the north parcel is developed with
a two-story building that recently received an approval to add a third floor. A lot line adjustment
was also approved (ADJ 15-05) to increase the size of the northern lot by 16,422 sq. ft. to include the
upland flat developable portion of the southern parcel. The increase in lot area is to accommodate
. a 31 space parking lot and water quality drainage basin as part of the adjacent development to the
north. The resultant southern parcel is constrained property with steep slopes and Encinas creek.
The south parcel is undeveloped and slopes down approximately 25 feet from the north parcel.
Vegetation present on site includes Southern Willow Scrub, Diegan Coastal Sage Scrub, non-native
vegetation, eucalyptus woodland, and disturbed habitat. The surrounding area is comprised of
undeveloped land across Paseo Del Norte to the east, the Interstate 5 freeway to the west, and
commercial development to the north and south.
11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements):
None
12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None
August 2015 Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or 11Potentially Significant
Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
D Aesthetics D Greenhouse Gas Emissions D Population & Housing
D Agriculture & Forestry Resources D Hazards/Hazardous Materials D Public Services
D Air Quality D Hydrology/Water Quality D Recreation
IZl Biological Resources D Land Use & Planning D Transportation/Traffic
IZl Cultural Resources D Mineral Resources 0 Utilities & Service Systems
IZl Geology /Soils IZl Noise IZl Mandatory Findings of Significance
14. PREPARATION: The Initial Study for the subject project was prepared by:
Austin Silva, Associate Planner Date
August 2015 -2" Initial Study
15. DETERMINATION: (to be completed by Lead Agency)
On the basis of this initial evaluation:
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
0 I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
IZl I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described
herein have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
0 I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
0 I find that the proposed project MAY have a "potentially significant impact(s)" on the
environment, but at least one potentially significant impact 1) has been adequately analyzed
in an earlier document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described herein. A Negative Declaration
is required, but it must analyze only the effects that remain to be addressed.
0 I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, nothing further is required.
16. ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the
environmental determination, indicated above, is hereby approved.
VAN LYNCH, Principal Planner Date
17. APPLICANT CONCURRENCE WITH MITIGATION MEASURES: This is to certify that I have reviewed
the mitigation measures in the Initial Study and concur with the addition of these measures to the
project.
Signature Date
Print Name
August 2015 -3-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
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.
August 2015 -4-Initial Study
I.
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A)
... "C ... u .s::.-2! u .. .. Q. .... .. Q. E ·~ ls .5
AESTHETICS ~~ .... Q. .... t: ; ; 5 e e £ ~ .. .. a. ell= -s~.E -5~ .5 <II ·-~ -~ .. !:! ~ ·c .... e
Would the project: 0 .!!9 Ill 00 0 C. VI !!iii~ !lu; z
a) Have a substantial adverse effect on a scenic vista? D D D IZl
b) Substantially damage scenic resources, including but not limited to,
trees, rock outcroppings, and historic buildings within a State scenic D D D IZl
highway?
c) Substantially degrade the existing visual character or quality of the D D D IZl site and its surroundings?
d) Create a new source of substantial light and glare, which would D D IZl D adversely affect day or nighttime views in the area?
a) No Impact. The proposed parking lot is located on a site with no scenic vistas. No impact assessed.
b, c) No Impact. The proposed project is not located adjacent to any state scenic highways, nor are there
any rock outcroppings or historic buildings on-site. The site will be enhanced by restoring the area that is
located within the hardline boundary ofthe city's Habitat Management Plan.
d) Less Than Significant Impact. The project will be conditioned to submit a lighting plan that will be
required to show lighting pointed downward and to limit the amount of glare and indirect impacts to open
space. As conditioned, the lighting will be less than significant.
t: "C t: .. .s::.-2! .. Q. .... .. Q. E ·~ ls .5
II. AGRICULTURAL AND FOREST RESOURCES* >;:; .... Q. .... .... = e ; ; 0 e e u ~ t9 .. .. .. -s!E.E -5~ Q. eu: .5 Cll ·-... e 1.1) c ...; Ill e
Would the project: 0 .!!9 ~ ~~ "' 00 0
C. VI ~Vi z
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to D D D IZl 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 D D D IZl contract?
c) Involve other changes in the existing environment, which, due to
their location or nature, could result in conversion of Farmland to 0 D 0 IZl
non-agricultural use or conversion of forest land to non-forest use? -
*In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of
Conservation as an optional model to use in assesstng impacts on agriculture and farmland. In determining whether impacts to
forest resources are significant environmental effects, lead agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in
Forest Protocols adopted by the California Air Resources Board.)
August 2015 -5-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
a-c) No Impact. There will be no impacts to agricultural resources since the site is not designated, nor has
it been historically or currently used for farmland. The proposed project is consistent with the City of
Carlsbad's General Plan of Travel Recreation (TR)/Office (0). The subject site is zoned R-P (Residential
Professional) and is not subject to a Williamson Act Contract. The project would not result in other changes
to the environment that would result in the conversion of farmland to non-agricultural uses. Given the steep
slopes, surrounding development and lack of existing or historical agricultural infrastructure, it is unlikely that
agricultural operations would be viable at this location. Development of the site as proposed would not
adversely affect agricultural resources. No impact assessed.
tl 'l:l tl "' .s:.! "' Q. ... "' Q. E 'j 5 .§ ~~ ... Q. c 1: tl Ill. AIR QUALITY* ~ ~ ; :i 0 "' "' "' ~~~ .s:. u Q. Cl;::: I-I;: .§ Ql ·-..... ·--V) ·c ... c "' c . ~~ V) bO ~ "' bO 0
Would the project: ~iii ::IE Siii z
a) Conflict with or obstruct implementation of the applicable air D D IZI D quality plan?
b) Violate any air quality standard or contribute substantially to an D D IZI D 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 D D IZI D
(including releasing emissions which exceed quantitative thresholds
for ozone precursors)? ---
d) Expose sensitive receptors to substantial pollutant concentrations? D D D IZI
e) Create objectionable odors affecting a substantial number of D D IZI D 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.
Local Air Quality: An area is designated in attainment when it is in compliance with the National Ambient Air
Quality Standards (NAAQS) (federal) and/or California Ambient Air Quality Standards (CAAQS) (state). These
standards are set by the Environmental Protection Agency or the California Air Resources Board for the
maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects on
human health or the public welfare. The criteria pollutants of primary concern that are considered in an air
quality assessment include ozone (03), nitrogen dioxide (N02), carbon monoxide (CO), sulfur dioxide (S02),
particulate matter (PMlO, and PM2.5), lead and toxic air contaminants. Although there are no ambient
standards for VOCs or NOx, they are important as precursors to 03.
The San Diego Air Basin (SDAB) is designated as a marginal nonattainment area for the 2008 8-hour NAAQS
for 03. The SDAB is designated in attainment for all other criteria pollutants under the NAAQS with the
exception of PMlO, which ·was determined to be unclassified. The SDAB is currently designated
nonattainment for 03 and particulate matter, PMlO and PM2.5, under the CAAQS. It is designated as
attainment for CAAQS for CO, N02, S02, lead and sulfates.
a) Less than Significant Impact. The project site is located in the SDAB. The periodic violations of (NAAQS)
in the SDAB, particularly for 03 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 by the San Diego
August 2015 -6-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17{A)
County Air Pollution Control District (APCD) with regional growth projections provided by 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 basiswith 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 plan for the
air basin.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and
the County's general plan. The project is within the scope of development that was anticipated in the
SANDAG growth projections and Carlsbad's General Plan in 2009 used to develop the RAQS and SIP.
Operation of the project will result in emissions that were considered as a part of the RAQS growth
projections. As such, the proposed project is not anticipated to conflict with either the RAQS or the SIP.
Additionally, the operational emissions form the project are below the screening levels, and subsequently will
not violate ambient air quality standards.
b) Less than Significant Impact. The APCD operates a network of ambient air monitoring stations
throughout San Diego County. Due to its proximity to Carlsbad with similar geographic and climatic
characteristics, the Del Mar-Mira Costa College monitoring station concentrations of 8-hour and 1-hour 03
are considered most representative of 03 in Carlsbad. The Escondido-East Valley Parkway monitoring station
is the nearest location where PMw, PMz s, NOz, and CO concentrations are monitored. The El Cajon -
Redwood Avenue monitoring station is the nearest location where SOz concentrations are monitored. Data
available for these monitoring sites from 2010 through 2013 indicate that the most recent air quality
violations recorded were as follows: the 1-Hour 03 concentration did not exceed the state standard any time
during the years 2010 through 2013; the 8-Hour 03 concentration exceeded the state standard in 2010, 2011,
and 2012, and exceeded the federal standard in 2012; the 24-Hour PM1o concentration exceeded the state
standard in 2009; the state annual PMw standard was exceeded in 2013; and the federal standard for 24-
Hour PMz.s standard was exceeded in 2012 and 2013. Air quality within the region was in compliance with
both CAAQS and NAAQS for NOz, CO, and SOz during this monitoring period. ·
Grading and Construction: The project involves the construction of a 31 space parking lot which includes
emissions associated with grading. Emissions would be minimized through standard construction measures,
storm water pollution prevention plan requirements, Best Management Practices (BMPs), and when
applicable, the California Green Building Standards Code that would reduce fugitive dust debris, emissions
and other criteria pollutant emissions during grading and construction. Therefore emissions from the
construction phase would be minimal, temporary and localized, resulting in pollutant emissions that are not
anticipated to significantly contribute to an existing or projected air quality violation.
Operations: Vehicle trip emissions associated with travel to and from the project will result in 280 ADTs.
Vehicle trip emissions associated with the project are minimal and not anticipated to significantly contribute
to an existing or projected air quality violation.
c) Less than Significant Impact. Air quality emissions associated with the project include emissions from
grading and construction. However, grading and construction operations associated with the project would
minimize emissions through standard construction measures, storm water pollution prevention plan
measures and best management practices, and Green Building Code as noted in b). Other proposed or future
August 2015 -7-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
projects within the surrounding area were evaluated and none of the projects emit significant amounts of
pollutants o'r exceed AQMD or APCD standards. Operational emissions associated with the project are
anticipated to be consistent with the RAQS and SIP and do not exceed APCD standards.
The proposed project would represent a contribution to a cumulatively considerable potential net increase in
emissions throughout the air basin. As described above, however, emissions associated with the proposed
project would be minimal. Given the limited emissions potentially associated with the proposed project, air
quality would be essentially the same whether or not the proposed project is implemented. According to the
CEQA Guidelines Section 15064(h)(3), the proposed project's incremental contribution to the cumulative
effect is not cumulatively considerable. Any impact is assessed as less than significant.
d) No Impact. Sensitive receptors include schools, hospitals, playgrounds, child care centers, athletic
facilities, long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes or
other facilities that house individuals with health conditions that would be adversely impacted by changes in
air quality. As noted above, the proposed project would not result in substantial pollutant emissions or
concentrations. In addition, there are no sensitive receptors located in the vicinity of the project. The
project itself is not proposed in the vicinity of an existing pollution source that would expose sensitive
receptors within the project to pollutants. No impact is assessed.
e) Less than Significant Impact. The proposed project could generate objectionable odors from
construction, vehicles and/or equipment exhaust from volatile organic compounds, ammonia, carbon
dioxide, hydrogen sulfide, methane, alcohols, disulfides, dusts or other pollutants during the construction or
operation of the project. Such exposure would be in trace amounts, localized in the immediate area,
temporary and would generally occur at magnitudes that would not affect substantial numbers of people.
Therefore, impacts associated with odors during construction or operation would be considered less than
significant.
t: 't:l t: IV .s: s IV a. .... IV a. E '§: l5 .5
IV. BIOLOGICAL RESOURCES >:;:; .... a. .... .... = c:: c:: c:: .... c:: c:: u ~ e IV :S 8 IV IV IV "S!E a. c:: c;::: '£iq::.5 .5 Ql ·-~ ·~ .~ .... c:: "' c:: Would the project: ~~ "' 1>0 0 !liii::ll !lv; z
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 D [g] D D
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 0 [g] D D 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 D [g] D D 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 D [g] D 0
or migratory wildlife corridors, or impede the use of native wildlife
August 2015 -8-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
tl "'0 tl 10 .t: .2l 10 Q. ... 10 Q.
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IV. BIOLOGICAL RESOURCES ~~ c '1: e-... ... c c u
.!!! l3 ta ta 8 10 10 10 £~.5 ;;~ Q. 't:tC .§ Cll ·-V) '2 • V) ·c ... c
Would the project: ~~ V) b.O ~ "' QO 0 ~Vi::E Sv; z
nursery sites?
e) Conflict with any local policies or ordinances protecting biological D D D IZ1 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 D IZ1 D D
local, regional, or state habitat conservation plan?
a) Less than Significant with Mitigation Incorporated. Occupied and potential habitat for special-status
plant and animal species is restricted to the existing hardline and open space areas that will be avoided by
the project. Special-status species are not likely to occur within the project impact area due to lack of suitable
habitat. Therefore, no direct impacts to special-status species are anticipated. Implementation of mitigation
measure BI0-1 would ensure that construction activities are restricted to the proposed impacts areas outside
of the existing hardline and habitat for special status species. Two special-status bird species were
determined to have a low potential to occur within the existing hardline and open space areas that will be
avoided by the project: least Bell's vireo and yellow warbler. llhe project site is currently presumed to be
unoccupied by both of these species based on low quality of the habitat and the fact that neither species was
observed or otherwise detected during the April and July 2015 surveys.
In the unexpected event that either species moves into the open space prior to construction, they could
establish a breeding territory and potential indirect impacts could occur as a result of temporary construction
noise exceeding 60 dBA Leq (measured as Equivalent Sound Level) during the breeding season (March 15 to
September 15). Potential impacts would be reduced to less than significant levels through the
implementation of mitigation measures BI0-2 and BI0-3.
Nesting Birds
The project site contains trees, shrubs, and other vegetation that provide suitable nesting habitat for
common birds, including sensitive birds raptors, protected under the MBTA and CFG Code. Construction of
the proposed project could result in the removal or trimming of trees and other vegetation during the
general bird nesting season (January 15 through September 15) and, therefore, could result in impacts to
nesting birds in violation of the MBTA and CFG Code. Direct impacts could occur as a result of removal of
vegetation supporting an active nest. Impacts would be considered significant. Implementation of mitigation
measure BI0-3 would reduce potentially significant impacts on nesting birds and raptors to less than
significant levels.
BI0-1 Construction Fencing. Temporary construction fencing (with si.lt barriers) shall be installed at the limits
of project impacts (including construction staging areas and access routes) to prevent sensitive habitat
impacts and to prevent the spread of silt from the construction zone into adjacent habitats to be avoided.
Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit
to the city for approval at least 30 days prior to initiating project impacts and the final plans for project
construction. These final plans shall include photographs that show the fenced limits of impact and areas to
be impacted or avoided.
August 2015 -9-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced
project footprint. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such
activities shall occur in designated areas within the fenced project impact limits. These designated areas shall
be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner
as to prevent any runoff from entering adjacent open space and shall be shown on the construction plans.
Fueling of equipment shall take place within existing paved areas greater than 100 feet from Encinas Creek.
Contractor equipment shall be checked for leaks prior to operation and repair, as necessary. "No-fueling
zones" shall be designated on construction plans.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has
been remedied to the satisfaction of the City. Any riparian/wetland or upland habitat impacts that occur
beyond the approved fence shall be mitigated in accordance with ratios specified inthe Carlsbad HMP or as
otherwise determined by the city, USFWS, USACE, RWQCB, and/or CDFW. Temporary construction fencing
shall be removed upon project completion.
810-2 Least Bell's Vireo Avoidance. If construction activities (i.e., earthwork, clearing, and grubbing) must
occur during the breeding season for least Bell's vireo (March 15 through September 15), the project
applicant shall retain a qualified biologist to perform preconstruction surveys of potential nesting habitat
within the project open space areas to confirm the absence of active least Bell's vireo nests. Three surveys
shall be performed within seven days prior to initiating construction activities, which the last survey occurring
within one day prior to initiating construction activities.
If the qualified biologist determines that no active least Bell's vireo nests occur, the activities shall be allowed
to proceed without any further requirements. If the qualified biologist determines that active least Bell's
vireo nests occur, then the following restrictions shall be implemented:
• Construction noise levels at the riparian canopy edge shall be kept below 60 dBA Leq (measured as
Equivalent Sound Level) from 5 a.m. to 11 a.m. between March 15 and July 15. For the remainder of
the season, until September 15 or until a qualified biologist determines that least Bell's vireo have
migrated for the year and are no longer present, the noise levels shall not exceed 60 decibels,
averaged over a one-hour period on an A-weighted decibel (dBA; i.e., 1 hour Leq/dBA). Noise levels
shall be monitored and monitoring reports shall be provided to the city. Noise levels in excess of this
threshold shall require written concurrence from the USFWS and CDFW, and may require additional
minimization and/or mitigation measures in consultation with these agencies.
810-3 Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e., earthwork,
clearing, and-grubbing) must occur during the general bird breeding season for migratory birds and raptors
(January 15 and September 15), the project applicant shall retain a qualified biologist to perform a pre-
construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory
birds and raptors afforded protection under the Migratory Bird Treaty Act and California Fish and Game
Code. The pre-construction survey shall be performed no more than seven days prior to the commencement
of the activities. If the qualified biologist determines that no active migratory bird or raptor nests occur, the
activities shall be allowed to proceed without any further requirements. If the qualified biologist determines
that an active migratory bird or raptor nest is present, no impacts shall occur until the young have fledged
the nest and the nest is confirmed to no longer be active, as determined by the qualified biologist.
c) Less Than Significant With Mitigation Incorporated. Project development would be restricted to
common upland habitat types that are not sensitive natural communities (Table 1). Therefore no direct
impacts would occur.
August 2015 -10-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A)
Potential significant indirect impacts could occur if storm water runoff is not controlled at the construction
site and sediment, toxics, and/or other material is inadvertently carried into sensitive habitat within the
adjacent open space. Compliance with existing regulations for water quality and storm water management
and implementation of mitigation measure BI0-1 would reduce potentially significant impacts on sensitive
natural communities to less than significant levels. No additional mitigation measures would be required.
Compliance with existing regulations for water quality and storm water management and implementation of
mitigation measure BI0-1 would reduce potentially significant impacts on sensitive natural communities to
less than significant levels. No additional mitigation measures would be required.
Table 1 -Impacts to Vegetation Communities
Vegetation Community Habitat Group Existing Acreage Impact Acreage
Upland
Diegan Coastal Sage Scrub: Baccharis-Dominated D 0.5 --
Non-native Vegetation F 0.5 <0.01 (0.02)
Eucalyptus Woodland F 0.3 --
Disturbed Habitat F 0.6 0.4
Wetland
Southern Willow Scrub A 0.59 --
TOTAL 2.49 0.4
c) Less than Significant with Mitigation Incorporated. Project development would be restricted to upland
areas that do not support potential jurisdictional waters or wetlands, including federally-protected wetlands.
Therefore no direct impacts would occur. Potential significant indirect impacts could occur if storm water
runoff is not controlled at the construction site and sediment, taxies, and/or other material is inadvertently
discharged into potential wetlands within the adjacent open space. Compliance with existing regulations for
water quality and storm water management and implementation of mitigation measure BI0-1 would reduce
potentially significant impacts on sensitive natural communities to less than significant levels. No additional
mitigation measures would be required.
Compliance with existing regulations for water quality and storm water management and implementation of
mitigation measure BI0-1 would reduce potentially significant impacts on sensitive natural communities to
less than significant levels. No additional mitigation measures would be required.
d) Less than Significant with Mitigation Incorporated. The project is situated at the western terminus of
the Encinas Creek riparian corridor before the Interstate 5 freeway. The project will avoid all riparian habitat
within the Existing Hard line and open space areas that contribute to the Encinas Creek corridor. No direct
impacts would occur.
Project construction will be restricted to daytime hours and would not be expected to result in any adverse
indirect impacts to the Encinas Creek corridor function. Construction work limits will be contained within
temporary construction fencing in accordance with mitigation measure BI0-1. Potential construction-related
indirect impacts on bird species potentially breeding in the on-site portions of the Encinas Creek corridor
would be avoided through the implementation of mitigation measures BI0-2 and BI0-3.
Project operation has the potential to result in adverse indirect impacts on wildlife movement if lighting is
not appropriately shielded and directed downward and away from the Existing Hardline and open space
areas. Mitigation measure BI0-4 would ensure project lighting is controlled and potential impacts are
reduced to less than significant.
August 2015 -11-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
BIO-4 Project Lighting. All exterior lighting adjacent to existing hard line and project open space associated
with Encinas Creek shall be of the lowest illumination allowed for human safety, selectively placed, shielded,
and directed away from preserved habitat to the maximum extent practicable.
e) No Impact. The project would not conflict with any local policies or ordinances protecting biological
resources, as further detailed below.
Consistency with Chapter 21.203 of the Carlsbad Municipal Code (CRPOZ Ordinance)
The project is required to demonstrate consistency with the certified Carlsbad LCP and adopted ordinance
regulations in Chapter 21.203 of the Carlsbad Municipal Code and CRPOZ Ordinance. Conservation standards
are to be applied to properties in the coastal zone before a CDP can be issued. No adverse impacts would
occur to environmentally sensitive areas, including coastal wetlands and riparian habitat, as defined in
Section 30107.5 of the Coastal Act and the Carlsbad LCP. The project incorporates avoidance and exceeds
the minimum 50 foot buffer by approximately 18 feet from the edge of riparian habitat on the site.
Therefore, the project would not conflict with the biological resources-related requirements of Chapter
21.203 ofthe Carlsbad Municipal Code and CRPOZ Ordinance.
Consistency with Chapter 21.210 of the Carlsbad Municipal Code (HMP Ordinance)
The project is required to demonstrate consistency with the Carlsbad HMP and adopted ordinance
regulations in Chapter 21.210 of the Carlsbad Municipal Code. Demonstration of consistency with the HMP is
required before an HMP permit can be issued. Project consistency with the Carlsbad HMP is addressed in
section "f" below. As demonstrated, the project would not conflict with the Carlsbad HMP.
f) Less than Significant with Mitigation Incorporated. The project occurs within the boundaries of the
adopted Carlsbad HMP. The existing Hardline defines in the portions of the property that are proposed for
open space preservation. The project would be consistent with the Carlsbad HMP, as detailed below.
Consistency with HMP Species Requirements
·The HMP states that "the primary mitigation for impacts to HMP Species under the Plan is the conservation
and management of habitat for species in the preserve system" (City of Carlsbad 2004). It also states that
incidental take must be minimized and mitigated to the maximum extent practicable. Table 9 of the HMP
provides specific minimization and mitigation measures for covered species. Two species addressed in Table
9 of the HMP, San Diego marsh-elder and least Bell's vireo, were identified as either occupying the site or
having a potential to occur.
San Diego Marsh-Elder
Conservation goals for the San Diego marsh-elder include:
• Conserve approximately 1,000 acres of cismontane alkali marsh, freshwater marsh, and disturbed
wetlands and assure no net loss of these types within the City.
• Conserve an estimated 70% of the two major populations along San Marcos Creek and Encinitas
Creek within existing hard line conservation areas.
August 2015 -12-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A)
Impact avoidance/minimization measures for the San Diego marsh-elder include:
• Manage preserve areas to minimize edge effects, control access, limit disturbance, limit chemical use
within vicinity, control non-native competitive species, and maintain hydrology and water quality.
• Use in wetland re-vegetation programs where appropriate.
Consistency Determination -The project is consistent with these goals by contributing conservation and
preservation of 0.59 acre of riparian habitat within existing hardline. The project would result in no loss of
wetlands. Although the project would not contribute to conservation of the two major populations along San
Marcos Creek and Encinitas Creek, the project would conserve two marsh-elder individuals and preserve
additional suitable habitat within the existing hardline.
Least Bell's Vireo
Conservation goals for the least Bell's vireo include:
• Conserve approximately 495 acres (86 percent) of riparian habitats.
• Assure no net loss of riparian scrub within the City.
• Conserve 95 percent of known point locations for least Bell's vireos within preserve areas.
Impact avoidance/minimization measures for the least Bell's vireo include:
• Manage preserve areas to minimize activities that would degrade riparian habitat.
• Restrict activities in vireo-occupied habitat during the breeding season.
• Where appropriate, restore or enhance riparian habitat suitable for vireos.
In addition, there are several species-specific measures identified for the vireo, including:
• Conduct surveys by a qualified biologist.
• For areas adjacent to occupied vireo habitat, construction noise levels at the riparian canopy edge
shall be kept below 60 dBA Leq (measured as Equivalent Sound Level) from 5 a.m. to 11 a.m.
between March 15 and July 15. For the remainder of the season, the noise levels shall not exceed 60
decibels, averaged over a one-hour period on an A-weighted decibel (dBA; i.e., 1 hour Leq/dBA).
• If new projects adjacent to the preserve create conditions conducive to cowbirds, jurisdictions shall
require monitoring and control of cowbirds.
• Biological buffers of 100 feet shall be maintained for occupied vireo habitat.
• Buffers less than 100 feet shall require written concurrence of the USFWAS and CDFW.
Consistency Determination -The project is consistent with these goals and measures by ensuring that
construction activities do not adversely affect the species and providing long-term management of Existing
Hardline and project open space. The project would not create conditions conducive to cowbirds. Mitigation
measure BI0-2 addresses potential noise impacts and would ensure compliance with noise requirements. As
addressed in section "e," the project is setback at a minimum distance of approximately 68 feet from on-site
riparian habitat potentially suitable for vireo. Mitigation measures BIO-S would ensure that the Existing
Hard line and open space for the project is preserved and managed in perpetuity.
Consistency with HMP Adjacency Standards
Project development for the parking lot will occur adjacent to Existing Hardline for the HMP. A zero buffer is
proposed due to the fact that the project is setback at a minimum distance of approximately 68 feet from all
August 2015 -13-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
riparian habitat and is separated by a slope of approximately 14 feet. Further, the project will enhance
habitat within the existing hard line through the implementation of mitigation measure BI0-5.
The project is consistent with the HMP adjacency standards, as follows:
Fire Management
Fire management includes both the recognition that fire is an important component of natural ecosystems in
Southern California while insuring public safety for areas adjacent to the HMP preserve. The project does not
propose any structures adjacent to native habitat or preserve area that would require fuel modification or
brush management. A Fire Management Plan is not anticipated to be required by the city. Therefore, the
project would be consistent with this Adjacency Standard.
Erosion Control
Erosion can become an issue within and adjacent to the preserve where steep, erodible slopes occur, or
where areas lack vegetation. All slopes adjacent to the preserve will be vegetated and maintained to avoid
significant erosion onto the preserve, and the project will be required to implement the SWPPP during
construction. The Preserve Management Plan for the proposed preservation areas on the site will include
measures to address erosion within the preserve. Therefore, the project would be consistent with this
Adjacency Standard.
Landscaping Restrictions
Invasive plant species will not be included in landscaping palettes. Irrigation will be designed so as to
minimize runoff from landscaped areas, and pesticide/herbicide application will avoid overspray and drift
into preserve areas. The landscaping palette will not include native plants or propagules from distant source
populations, nor will it include cultivated species known to hybridize with related native species. No species
on the California Invasive Plant Council's (Cai-IPC) "Invasive Plant Inventory" list shall be included. Therefore,
the project would be consistent with this Adjacency Standard.
Fencing, Signs, and Lighting
Fencing and signage provide access control to the preserve. Permanent fencing shall be provided along areas
that occur between proposed developments and preservation areas. In addition, preserved habitat shall be
posted with signs precluding access due to habitat sensitivity and prohibiting dumping. The landowner shall
be educated in access restrictions, control of domestic animals, prevention of irrigation runoff, and sensitivity
of habitats on site.
Excessive lighting can adversely affect animal species within the preserve. All exterior lighting adjacent to
preserved habitat, including lighting required for parking lot developments, shall be limited to low pressure
sodium or alternative sources of the lowest illumination allowed for human safety, selectively placed,
shielded, and directed away from preserved habitat to the maximum extent practicable. The project would
be consistent with this Adjacency Standard with the incorporation of the required fencing, sign, and lighting
specifications.
Predator and Exotic Species Control
Domesticated animals, particularly cats, are known to impact native wildlife in the habitat areas immediately
adjacent to development. Project fencing and the maintenance of healthy predator populations (coyote and
bobcat) will minimize introduction of domestic animals. In addition, exotic species can escape from
August 2015 -14-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
landscaped areas and establish within the preserve area. No domesticated animals are anticipated to be
introduced by the project due to the fact it proposes only medical office uses. The Preserve Management
Plan will include an education program for the landowner to keep exotic plants outside of the preserve.
Therefore, the project would be consistent with this Adjacency Standard.
Mitigation measure BIO-S below would ensure that the Existing Hardline within project open space is
preserved and managed in perpetuity in accordance with the requirements of the Carlsbad HMP.
BIO-S Preservation and Management of Existing Hardline. Prior to issuance of a grading permit, the project
applicant shall record a conservation easement over those portions of the property identified as Existing
Hardline within the project's open space. The conservation easement shall be included on final project plans.
Prior to issuance of a grading permit, the project applicant shall install appropriate permanent fencing, such
as five-foot-tall black vinyl-coated chain link fence, along the boundary of the open space to discourage
human access. The project applicant shall also install signage on the fence to educate and inform the public
about the open space and to prohibit access. The fencing shall be shown on all final project plans.
Prior to issuance of a grading permit, the project applicant shall prepare a perpetual management,
maintenance, and monitoring plan (PMP) for the on-site biological conservation easement areas. The PMP
shall include area specific management directives for treatment of non-native invasive plant species within
the project's open space, in addition to those required to meet HMP adjacency standards. The initial
treatment of nonnative invasive plant species shall occur within the first year following issuance of grading
permit, and periodically thereafter, according to a schedule approved by the City and as funding allows.
The applicant shall also establish a non-wasting endowment for an amount approved by the city based on a
Property Analysis Record (PAR; Center for Natural Lands Management 2008) or similar cost estimation
method to secure the ongoing funding for the perpetual management, maintenance, and monitoring of the
biological conservation easement area by an agency, non-profit organization, or other entity approved by the
city. Upon approval of the draft PMP, the applicant shall submit the final PMP to the city and a contract with
the approved land manager, as well as transfer the funds for the non-wasting endowment to a non-profit
conservation entity.
... "C ... u .c ~ u "' "' Q. l ~ Q. E .§ v. CULTURAL/PALEONTOLOGICAL RESOURCES ~~ ... Q. ... t: :5 ; 6 c:: c:: -! ~ "' "' "' -s¥£ -s= Q. c: q:: .§ "' ·-fl1 ·c ..,; fiJ ·c ... c::
Would the project: ~~ "' b.O ·-~~ 0 ~iii:!E z
a) Cause a substantial adverse change in the significance of a historical D IZI D D resource as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an D IZI D D archeological resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique paleontological resource or D D IZI D site or unique geologic feature?
d) Disturb any human remains, including those interred outside of D IZI D D formal cemeteries?
a, b, & d) Less than Significant with Mitigation Incorporated.
August 2015 -15-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17{A)
As part of the AB 52 consultation process with the San Luis Rey band of Mission Indians which began on
November, 18, 2015, a Cultural Resources Survey was prepared on January 11, 2016 by Helix Environmental
Planning. The study was conducted in accordance with CEQA to determine the presence of any historic
cultural resources that could be affected by the proposed project. A records search from the South Coastal
Information Center (SCIC} identified that a total of 20 cultural resources are located within one mile of the
project area, none within the project site itself. A field survey was conducted on the site, but failed to
produce any evidence of archaeological materials within the project area. However, ground visibility was
severely limited because of vegetation through most of the canyon portion of the project site. The survey
indicates that the project isn't expected to have an effect on cultural resources. However, there is a potential
for cultural material beneath the fill soils in the northern portion of the undeveloped area of the project site.
Additionally, the vicinity of the project is generally sensitive in terms of cultural resources. Consequently, it is
required that archaeological monitoring by a qualified archeologist and Luiseno Native American monitor is
required during construction in order to identify previously unidentified subsurface cultural deposits. The
following mitigation measure shall be in place for the project:
CUL-l Cultural Resource Monitoring
a) Prior to the commencement of any ground disturbing activities, the project developer shall enter
into a Pre-Excavation Agreement, otherwise known as a Tribal 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 Luiseno Native
American human remains inadvertently uncovered during the course of the project. The agreement
will outline the roles and powers of the Luisefio Native American monitors and the archaeologist.
b) Any and all uncovered artifacts of Luisefio Native American cultural importance should be returned
to the tribe, and/or the most likely descendant and not be curated.
c) Native American monitors and archaeological monitors should have joint authority to temporarily
divert and/or halt construction activities. If cultural resources are discovered during construction, all
earth moving activity within and around the immediate discovery area must be diverted until the
Luisefio Native American monitor and the archaeologist can assess the nature and significance of the
find.
d) The Luisefio 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 and/or unique archaeological resource are unearthed during ground
disturbing activities for this project, the tribe respectfully requests that they by notified and
consulted with in regards to the respectful and dignified treatment of those resources. 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.
f) When cultural resources are discovered during the project, if the archaeologist collects such
resources, a Luisei'io 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
August 2015 -16-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17{A)
during the ground disturbing activities, the Luisefio 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 tribe's 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 Luisefio 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 will need to be analyzed and confirmed by an archeologist and Luiseno Native
American monitor that such fill material does not contain cultural resources.
c) Less than Significant Impact. The project site contains Eocene age formational rocks, more commonly
known at the Santiago formation. The Santiago Formation contains a variety of lithologies, including ones
derived from marine, estuarine, and terrestrial movements. Proposed remedial grading and slope
reconstruction for the proposed 31 space parking lot is not anticipated to expose any of the formational
rock. However, areas of Pleistocene age Terrace Deposits which have produced Pleistocene fossil marine
invertebrate faunas from exposures of 300,000 to 400,000 year old interglacial estuarine sediments may be
exposed. Thus, the project will be conditioned to have a paleontologist attend the pre-construction
meeting, and full-time paleontological monitoring during grading activities.
VI. GEOLOGY AND SOILS
Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map issued
by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
August 2015 -17-
D
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Initial Study
VI.
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
-·
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GEOLOGY AND SOILS ~i c '1: e-.... tl c c .!2 m "' 13 8 "' "' "' 1:~ -:5~ c. ~ c;::: c § Qj ·-: ·c -: II) ·c .... c
Would the project: £~ lit CD±:: "' bD 0 ~iii::!i Sv; z
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 0 0 ~ 0 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 0 0 ~ 0
property?
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative wastewater disposal systems where sewers are 0 0 0 ~
not available for the disposal of wastewater?
a.i) No Impact. The site is not situated within an Alquist-Priolo Earthquake fault zone nor any local agency
zone. No impact assessed.
a.ii.-a.iv & b) Less than Significant Impact. The site is in a seismically active region, although faults or
significant shear zones are not indicated on or near proximity to the project site, although no active or
potentially active fault is known to exist at this site. The nearest known active fault is the Rose Canyon Fault,
approximately 4 miles from the site.
Geologic hazards are not present at the site. There is a flat portion adjacent to the south of the existing
building that is marked by old stockpiled dump fills which have been disfigured as a result of severe erosion.
This areas is recommended for re-grading and stabilization as part of the parking lot construction
(Geotechnical Investigation, SMS Geotechnical Solutions, Inc., February 10, 2015). Liquefaction or related
ground rupture failures are not anticipated.
c) Less than Significant Impact With Mitigation Incorporated. Site drainage at the flat portion of the site
adjacent to the existing building is very poor to nonexistent, and has caused severe erosion, "piping,"
washouts, and sediment transports. Soil stockpiles have created numerous ground depressions causing
pooling of storm water with subsequent "piping" through the sandy stockpiles causing large cavities.
Overflow of concentrated surface runoff and washouts have caused large erosional scarps and surficial mud-
flow type failure of the dump fill-covered slope face. As recommended from the geotechnical investigation,
ponding or pooling of surface drainage or concentrated flow conditions should not be allowed, and over-
watering of site vegetation should be avoided. The dump fill covered and eroded southerly descending slope
should be reconstructed, stabilized, and planted with a proper vegetation cover. Stormwater runoff and
erosion control facilities should also be constructed, as necessary and appropriate.
d) Less than Significant Impact. In an expansion index test performed by SMS Geotechnical Solutions, it
was found that soil types one (fill/alluvium) and two (terrace deposits) both had expansion indexes below 50,
which is considered to have a low expansion potential.
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 waste
water disposal systems. No impact assessed.
August 2015 -18-Initial Study
-·----
't ., a. E
VII. GREENHOUSE GAS EMISSIONS >= = s:: ~ ~ s:: <;: (1)-.. s::
Would the project: 2.~
a) Generate greenhouse gas emissions, either directly or indirectly, D that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for D the purposes of reducing the emissions of greenhouse gases?
.J:s 'i ~ .. a. ; ; 0 .t:~~ .... ·--en c ...; fl) taO·-21iii:E
D
D
Project Number
Project Title
.. u ., a. .§ .. .. s:: s:: u ., ., .,
-:5~ a. .§ en ·c
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~ D
a & b) Less than Significant Impact. The project is expected to generate GHG emissions in the short-term
as a result of construction emissions and in the long~term as a result of automobile trips and energy
consumption. The California Air Pollution Control Officers Association (CAPCOA) published a white paper
with a suggested significance screening threshold criteria of 900 metric tons of GHGs. While the proposed
project is expected to generate some short-term and long-term GHG emissions that could contribute directly
and indirectly to the environment, the total GHG emissions generated by the project {64.6812 metric tons)
during the construction phase, 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.
.. "C 't u ., s:;$ ., a. -~ ~ a. E 3: 0 .§
VIII. HAZARDS AND HAZARDOUS MATERIALS >= .. a. .. 't = s:: ; ; 0 s:: s:: ~ ~ ., ., [ u u -:S~ s:: <;: £!E.E .§ .l!! '2 U) c: ..,J ., ·c
Would the project: 0 .!!!1 § ~~ "' 0.0 0 Q.,., 21iii z
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous D D D ~
materials?
b) Create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving the D D D ~
release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile D D D ~
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 D D D ~ 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 D D D ~ 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 D D D ~
the project area?
August 2015 -19-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
1j "C 1j ... .t:.l!l ... a. ~ ~ a. E ~
VIII. HAZARDS AND HAZARDOUS MATERIALS >:: ... a. ... 1j = c c c ... c c • !E I'U ra ~ 8 ... ... ... ~~ -s~ a. 'fit;::.E ~ Ql ·-"' ·c · ""·c ... c
Would the project: 0 .!!.0 "' bD;::: "' bl) 0
II;. If) ~iii~ ~v; z
g) Impair implementation of or physically interfere with an adopted D D D [:g] 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 D D D [:g] adjacent to urbanized areas or where residences are intermixed
with wildlands?
a-h) No Impact. The proposed project is a parking lot, which could potentially involve the transport use, or
disposal of hazardous materials. Any future tenants for the medical office space will be subject to the Medical
Waste Management Act (California Health and Sate Code Sections 117600-118360) which governs medical
waste management. The site is not within one-quarter mile of an existing or proposed school and is not
listed as a hazardous materials site. The project site, which is approximately 1.75 miles southwest of the
McClellan-Palomar Airport and outside of the Airport Influence Area, will not expose people to airport safety
hazards. No impact assessed.
1j "C ...
.t:: .l!l u ... ... a. ... ... a. E .3: 6 ~
IX. HYDROLOGY AND WATER QUALITY >:;:; c '!: e-... ... = c c c u ·~ ~ "' ~ 8 ... ... ... -:5~ a. c<;::: .;it;:::.5 ~ Ql ·-~ "i .t! "'·c ... c
Would the project: 0 .!!.0 ., bl) 0
II;. If) ~iii~ ~iii z
a) Violate any water quality standards or waste discharge D D [:g] D 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 D D D [:g] water table level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support existing land
uses or planned uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, D D 0 D 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 D D [:g] D
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 D D [:g] D
substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? D D [:g] D
August 2015 -20-Initial Study
IX.
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
t; "0 ... u .. .c 2! .. Q. ... .. Q.
E 'iii l5 .5
HYDROLOGY AND WATER QUALITY >:; ... Q. ... t; = c c c .... c c .!!! .. ra· ~ 8 .. .. ra 1:~ -:S!E Q.
QJ ·-'fi!E.5 .5 ... c "' c . "' c Would the project: g~ II) QD ;!: "' Ql) 0 ~iii~ QJ ·-z ..... ,
g) Place housing within a 100-year flood hazard area as mapped on a
Federal Flood Hazard Boundary or Flood Insurance Rate Map or D D D 0
other flood delineation map?
h) Place within 100-year flood hazard area structures, which would D D D 0 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 D D D 0
of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? D D 0 D
a) Less than Significant Impact. The subject property is required to comply with all federal, state and local
water quality regulations, including the Clean Water Act (California Administrative Code Title 23). The project
will comply with the National Pollution Discharge Elimination System (NPDES) requirements. The project will
implement specific erosion control measures and Storm Water Management techniques to protect the
downstream water quality of Encinas Creek. These include the use of bioretention areas. The storm water
management plan will ensure acceptable water quality standards will be maintained both during the
construction phase as well as post-development.
b) No Impact. This project does not propose to directly draw any groundwater. The project will be served
via existing public water distribution lines that are adjacent to the site. No impact assessed.
c-d) Less Than Significant Impact. Over 7,300 square feet of pervious pavers is implemented on-site allowing
the surface run-off to partially infiltrate into the natural soil where the remaining run-off is directed to a bio-
retention basin. The bio-retention basin allows the surface run-off to fully infiltrate into the natural soil. The
created impervious area of approximately 2,200 square feet generates surface run-off that flows to the bio-
retention basin. These Low Impact Development features, along with pervious area dispersion, will capture a
majority of the surface run-off allowing for infiltration into the underlying soils which negates the amount of
surface run-off created by the impervious area. Ultimately, the Low Impact Development features including
but not limited to the pervious pavers and bio-retention basin contributes a less than significant impact to
flooding on-or off-site.
e) Less Than Significant Impact. There will be on-site Low Impact Development features including but not
limited to pervious pavers and bio-retention basin, that allow for partial infiltration and full infiltration,
respectively. The majority of the surface run-off generated by the impervious area will be captured by these
facilities in which the surface run-off will have a less than significant impact on the capacity of the existing or
planned storm water drainage systems. Both the on-site bio-retention basin and pervious pavers are a form
of pollutant control with an adequate amount of pollutant removal efficiency which would have a less than
significant impact on the contribution of additional sources of polluted run-off.
f) Less Than Significant Impact. Construction of the proposed project improvements will comply with all
federal, state and local water quality agency regulations, including the Clean Water Act and associated NPDES
regulations. A grading permit is required for the project prior to commencement of grading, which requires
review and approval of an erosion control plan. The erosion control plan will employ grading construction
August 2015 -21-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A}
BMP's which will reduce temporary impacts on water quality. Through implementation of the recommended
site design and source control BMP's, post construction impacts to water quality will be mitigated.
Therefore, the project will not result in permanent or long term degradation of water quality and impacts are
considered to be less than significant.
g-i) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood
Insurance Rate Map, Map No. 06073C1030G, May 2012. Therefore, the proposed project will not result in
the placement of housing or structures within a 100-year flood hazard area. According to the City of Carlsbad
Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any
dam failure inundation area. No impact assessed.
j) Less than Significant Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and
Mapping Study, November 1992, and based on historical events, and the generally accepted and favorable
geologic and seismic conditions along the San Diego County Coastline, the potential for damage to the
project site caused by tsunamis or seiches is considered to be low.
... "C ... u u "' ..c .2! "' ll. ... "' ll. E ·~ 0 .5 X. LAND USE AND PLANNING >:: ... ll. ... tl = r:: r:: r:: ... r:: r:: ~ G ro ~ 8 "' "' "' -5~ ll. r::<;: '5q::.5 .5 B "2 "'"2 . "'"2
Would the project: 0 .!!!l II) 0.0~ "' bO 0
0.. Ill 2liii~ Sv; z
a) Physically divide an established community? 0 0 0 [;g]
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 0 0 0 [;g]
zoning ordinance) adopted for the purpose of avoiding or mitigating
an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural 0 0 0 [;g] community conservation plan?
a-c) No Impact. The proposed project is a parking lot consistent with the surrounding land uses. The site
does not physically divide an established community. The proposed project does not conflict with any
existing or proposed land use plans or policies of the City of Carlsbad. The project is consistent with both the
City of Carlsbad General Plan and the Local Coastal Program Land Use designations. The General Plan Land
Use designation is Travel Recreation/Office (north parcel) and Open Space (south parcel). Travel
Recreation/Office anticipates commercial development while the Open Space designation preserves land for
to be kept in its natural state or modifies the land for agricultural, recreational, aesthetic, and educational
purposed. The applicant is proposing construction of a parking lot on the area designated as Open Space,
which will have spaces designated for the public to enjoy views of the open space, and therefore is consistent
with the land use designation. The project is consistent with the City of Carlsbad Habitat Management Plan
and does not conflict with any applicable plans or policies. No impact assessed.
August 2015 -22-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17{A)
tl "'C tl "' Cl.l "' a. ..c ..... a. E .-t= r! § :;: 0
XI. MINERAL RESOURCES ~~ ..... a. ..... tl c: c: ~ c: c: .r9 G rn rJ 8 "' "' "' =~ a. 'E:~ =~.5 § Cl.l ·-V') ·c ..... c: Vl c: •
Would the project: 0 .9!' V') bO .. ~ Vl bJ) 0 O.Vl ~iii~ ~v; z
a) Result. in the loss of availability of a known mineral resource that
would be of future value to the region and the residents of the D D D ~
State?
b) Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, specific D D D ~
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. (EIR 13-02, page 3.15-1)
u "'C ... I ..c.2l u "' "'
I
a. ·j 15 a. E §
XII. NOISE >;:; ... a. .... ... = c: ; ; 0 c c u -~ e "' "' "' .c~~ -s~ a. c:<.;: § cu ·-+"' ·--"' ·c: ... c U') c ....;
Would the project result in: 0 .!!9 V) b.O ·-., bO 0
Q.ll) ~iii::!: ~iii z
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance D D D ~
or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundbourne D D ~ D vibration or groundbourne noise levels?
c) A substantial permanent increase in ambient noise levels in the D D D ~ project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels D D ~ D 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 D D D ~ 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 D D D ~
excessive noise levels?
a, c, e & f) No Impact. The project consists of the construction of a parking lot adjacent to an existing office
building. The parking lot is not subject to any noise standards, nor will it generate any long-term noise
impact~. No impact assessed.
b & d) Less than significant Impact. The anticipated grading operation associated with the proposed
parking lot will result in temporary and a minor increase in groundbourne vibration and ambient noise levels.
Following the commencement of grading, the ambient noise level and vibrations are expected to return to
pre-existing levels.
August 2015 -23-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
t> "C t> "' .c .2l "' c. ... "' c. E ·~ 0 §
XIII. POPULATION AND HOUSING >:;: c 1: e-... .. = c: c: c: u
.!!! G "' G 8 .s~ "' c. 't:li: -:5~.5 § (I)·-fl) ·c ... c: II) c ~
Would the project: ~~ ~~~ "' til) 0 Sen z
a) Induce substantial growth in an area either directly (for example, by
proposing new homes and businesses) or indirectly (for example, D D D IZI
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the D D D IZI construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the D D D IZI construction of replacement housing elsewhere?
a-c) No Impact. The proposed parking lot will allow the conversion of warehouse space to office space,
which will be a more intensive use. However, it will not necessitate the need for infrastructure
improvements. There is no housing located on the project site that would require the need for replacement
housing or displace substantial numbers of people. No impact assessed.
XIV. PUBLIC SERVICES
Would the project:
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?
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
t> "' c. §
0 z
a) No Impact. The proposed parking lot is consistent with the General Plan and surrounding land uses, and
therefore wiil not effect the provision and availability of public facilities (fire protection, police protection,
schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service
level requirements within the Local Facilities Management Plan for Zone 3. Therefore, no significant public
service impacts will occur as a result of this project. No impact assessed.
August 2015 -24-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
------
tJ "tJ tJ "' .r:.B "' a. ... "' a. E 'i 0 .§
XV. RECREATION >:;:: ... a. ... ... = c c c ... c c u .!!! ~ "' "' 8 "' "' "' '!:-= -5~.5 oS!E a.
Ill·-.§ ... c ~ Q =! ., c
0 .!!.0 ., tiD 0 G. VI iii~ ~v; z
a) Would the project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial D D D ~
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 D D D ~
have an adverse physical effect on the environment?
a & b) No Impact. The proposed parking lot will not result in the deterioration of existing neighborhood or
regional parks or cause such parks to be expanded. Therefore, no adverse physical effect on the environment
will occur as a result of this project. No impact assessed.
tJ "tJ ... u "' .r:.B "' a. ... "' Q.
E '§ 0 .§
XVI. TRANSPORT ATI ON/TRAFFIC >:;:: ... a. ... ... = c ; ~ 0 c c ...
.!!! "' "' ~ "' t:~ -s:e.S a.
Ill·-'55 .§ ... c {/) c ,.J ., c
Woul~ the project: g,~ ~ ~~ "' tiD 0 ~v; z
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 D D ~ D
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 D D D ~ 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 D D D ~
safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm D D D ~
equipment)?
e) Result in inadequate emergency access? D D D ~
f) Conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the D D D ~
performance or safety of such facilities?
August 2015 -25-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A)
a) Less than Significant Impact. The project will generate 280 Average Daily Trips (ADT) which is not
substantial in relation to the existing traffic load and capacity of the street system. While the increase in
traffic from the proposed project may be slightly noticeable, the street system has been designed and sized
to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed
project will not cause an increase in traffic that is substantial in relation to the existing traffic load and
capacity of the street syste~ .. Project associated impacts are therefore considered less than significant.
b) No Impact. In 2009 the congestion management agency (SANDAG) employed an "opt out" option
defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to
development in the City of Carlsbad.
c) No Impact. The proposed project does not include any aviation components. It would not, therefore,
result in a change of air traffic patterns or result in substantial safety risks. No impact assessed.
d) No Impact. All project circulation improvements will be designed and constructed to City standards; and,
therefore, would not result in design hazards. The proposed project is consistent with the City's general plan
and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed.
e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire
and Police Departments. No impact assessed.
f) No Impact. The project site is not served by or not located in an area conducive to public transportation.
No impact assessed.
... '1J :t u ..c:J!I !II !II a. ... !II a. E ·~ 0 .§
XVII. UTILITIES AND SERVICE SYSTEMS >= ... a. ... ... = c c c .. c c u .!!! !II tO tV 8 ra G !II 1:~ -E5.E a. -s~ .§ <II·-"' ·c ... c ~ c ..;
Would the project: 0 .!!!' "' Q,Q ·-"' b.O 0
Q,ll) ~iii:!: ~iii z
a) Exceed wastewater treatment requirements of the applicable D D D IZl 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 D D D IZl 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 D D D IZl
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 D D D IZl
entitlements needed?
e) · Result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate capacity D D D IZl 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 D D D IZl accommodate the project's solid waste disposal needs?
August 2015 -26-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
tl .r:] tl .. .. Q. ... .. Q.
E "i l5 .§
XVII. UTILITIES AND SERVICE SYSTEMS >:;:: c 1: e-... tl = s:: s:: s:: ~ ~ ra G 8 .. ~ .. Q. s:: q: iicc:.5 -:Sec: .§ IV ·-"" ·c . Ill "2 ... s::
Would the project: ~~ en 0.0 :!::::: "' liD 0 ~Vi:!: ~iii z
g) Comply with federal, state, and local statutes and regulations D D D ~ related to solid waste?
a-g) No Impact. The proposed parking lot will be required to comply with all Regional Water Quality
Control Board Requirements. In addition, the Zone 3 LFMP anticipated that the project site would be
developed with a commercial use and wastewater treatment facilities were planned and designed to
accommodate future commercial 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 conversion from warehouse space to office space on the
site will increase the demand for these facilities but will not result in an overall increase in the city's growth
projection in the southeast quadrant. Therefore, the project does not create development that will result in
a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water
drainage facilities. No impact assessed.
... "C ... u u .. .r:.l!! .. Q. ... .. Q. E "i l5 .§
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE >:;:: ... Q. ... tl = s:: ; ; 0 s:: s:: .!!! ~ .. .. .. ;;~.5 'f;!E Q. 1:tt: .§ IV ·-... s:: Ill s:: • Ill s::
Would the project: ~~ "" bO .~ s~ 0 ~Vi:!: z
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 D ~ D D
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 D D [g] D 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 D D D [g]
indirectly?
a) Less than Significant Impact with Mitigation Incorporated. The proposed project's mitigation, as
outlined in the Biological Resources section of this study, will preclude any possible degrading of the
environment or substantial reductions of habitat and wildlife species. The site is identified as a developed
area in the HMP and is adjacent to a HMP 11Hardline" area, and the proposed mitigation measures will ensure
consistency with the city's HMP. The mitigation for these impacts include the restoration and enhancement
of habitat areas on the south parcel. With these mitigation measures, the project is consistent with the
August 2015 -27-Initial Study
Project Name: 6125 PAS EO DEL NORTE
Project No: COP 15-17(A)
MHCP guidelines and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no
significant impacts to wetlands, jurisdictional areas, and plant and wildlife species. Furthermore, the
project's required condition as mentioned in the Cultural Resources section of this report will preclude any
elimination of important examples of major periods of California history or prehistory, thus reducing impacts
to less than significant.
b) less than Significant. The San Diego Association of Governments (SANDAG) projects regional growth for
the greater San Diego area, and local General Plan land use policies are incorporated into SANDAG
projections. Based upon those projections, region-wide standards, including storm water quality control, air
quality standards, habitat conservation, 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.
Furthermore, the project does not have a significant impact on regional circulation as a medical office
building is not a regional destination. The roads serving the proposed development are operating at an "A"
service level. Therefore, the projected net increase of 228 ADT's does not have an impact on the road
system.
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 commercial (medical office) 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.
August 2015 -28-Initial Study
XIX. LIST OF MITIGATION MEASURES (if applicable)
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
The following biological resource mitigation measures shall be implemented:
BI0-1 Construction Fencing. Temporary construction fencing (with silt barriers) shall be installed at the
limits of project impacts (including construction staging areas and access routes) to prevent sensitive
habitat impacts and to prevent the spread of silt from the construction zone into adjacent habitats to be
avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The
applicant shall submit to the city for approval at least 30 days prior to initiating project impacts and the
final plans for project construction. These final plans shall include photographs that show the fenced
limits of impact and areas to be impacted or avoided.
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the
fenced project footprint. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any
other such activities shall occur in designated areas within the fenced project impact limits. These
designated areas shall be located in previously compacted and disturbed areas to the maximum extent
practicable in such a manner as to prevent any runoff from entering adjacent open space and shall be
shown on the construction plans. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from Encinas Creek. Contractor equipment shall be checked for leaks prior to
operation and repair, as necessary. "No-fueling zones" shall be designated on construction plans.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem
has been remedied to the satisfaction of the City. Any riparian/wetland or upland habitat impacts that
occur beyond the approved fence shall be mitigated in accordance with ratios specified in the Carlsbad
HMP or as otherwise determined by the city, USFWS, USACE, RWQCB, and/or CDFW. Temporary
construction fencing shall be removed upon project completion.
BI0-2 least Bell's Vireo Avoidance. If construction activities (i.e., earthwork, clearing, and grubbing)
must occur during the breeding season for least Bell's vireo (March 15 through September 15), the
project applicant shall retain a qualified biologist to perform preconstruction surveys of potential
nesting habitat within the project open space areas to confirm the absence of active least Bell's vireo
nests. Three surveys shall be performed within 7 days prior to initiating construction activities, which
the last survey occurring within 1 day prior to initiating construction activities.
If the qualified biologist determines that no active least Bell's vireo nests occur, the activities shall be
allowed to proceed without any further requirements. If the qualified biologist determines that active
least Bell's vireo nests occur, then the following restrictions shall be implemented:
• Construction noise levels at the riparian canopy edge shall be kept below 60 dBA leq (measured
as Equivalent Sound level) from 5 a.m. to 11 a.m. between March 15 and July 15. For the
remainder of the season, until September 15 or until a qualified biologist determines that least
Bell's vireo have migrated for the year and are no longer present, the noise levels shall not
exceed 60 decibels, averaged over a one-hour period on an A-weighted decibel (dBA; i.e., 1 hour
Leq/dBA). Noise levels shall be monitored and monitoring reports shall be provided to the city.
Noise levels in excess of this threshold shall require written concurrence from the USFWS and
CDFW, and may require additional minimization and/or mitigation measures in consultation
with these agencies.
August 2015 -29-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17(A)
810-3 Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e.,
earthwork, clearing, and grubbing) must occur during the general bird breeding season for migratory
birds and raptors (January 15 and September 15), the project applicant shall retain a qualified biologist
to perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests
belonging to migratory birds and raptors afforded protection under the Migratory Bird Treaty Act and
California Fish and Wildlife Code. The pre-construction survey shall be performed no more than 7 days
prior to the commencement of the activities. If the qualified biologist determines that no active
migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further
requirements. If the qualified biologist determines that an active migratory bird or raptor nest is
present, no impacts shall occur until the young have fledged the nest and the nest is confirmed to no
longer be active, as determined by the qualified biologist.
810 -4 Project Lighting. All exterior lighting adjacent to existing hardline and project open space
associated with Encinas Creek shall be of the lowest illumination allowed for human safety, selectively
placed, shielded, and directed away from preserved habitat to the maximum extent practicable.
810-5 Preservation and Management of Existing Hardline. Prior to issuance of a grading permit, the
project applicant shall record a conservation easement over those portions of the property identified as
Existing Hardline within the project's open space. The conservation easement shall be included on final
project plans.
Prior to issuance of a grading permit, the project applicant shall install appropriate permanent fencing,
such as five-foot-tall black vinyl-coated chain link fence, along the boundary of the open space to
discourage human access. The project applicant shall also install signage on the fence to educate and
inform the public about the open space and to prohibit access. The fencing shall be shown on all final
project plans.
Prior to issuance of a grading permit, the project applicant shall prepare a perpetual management,
maintenance, and monitoring plan (PMP) for the on-site biological conservation easement areas. The
PMP shall include area specific management directives for treatment of non-native invasive plant
species within the project's open space, in addition to those required to meet HMP adjacency standards.
The initial treatment of nonnative invasive plant species shall occur within the first year following
issuance of grading permit, and periodically thereafter, according to a schedule approved by the City
and as funding allows.
The applicant shall also establish a non-wasting endowment for an amount approved by the city based
on a Property Analysis Record (PAR; Center for Natural Lands Management 2008) or similar cost
estimation method to secure the ongoing funding for the perpetual management, maintenance, and
monitoring of the biological conservation easement area by an agency, non-profit organization, or other
entity approved by the city. Upon approval of the draft PMP, the applicant shall submit the final PMP to
the city and a contract with the approved land manager, as well as transfer the funds for the non-
wasting endowment to a non-profit conservation entity.
CUL-1 Cultural Resource Monitoring
a) Prior to the commencement of any ground disturbing activities, the project developer shall enter
into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and
Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians. This agreement will
August 2015 -30-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: CDP 15-17{A)
contain provisions to address the proper treatment of any cultural resources or Luiseno Native
American human remains inadvertently uncovered during the course of the project. The agreement
will outline the roles and powers of the Luisefio Native American monitors and the archaeologist.
b) Any and all uncovered artifacts of Luiseno Native American cultural importance should be returned
to the tribe, and/or the most likely descendant and not be curated.
c) Native American monitors and archaeological monitors should have joint authority to temporarily
divert and/or halt construction activities. If cultural resources are discovered during construction,
all earth moving activity within and around the immediate discovery area must be diverted until the
Luisefio Native American monitor and the archaeologist can assess the nature and significance of
the find.
d) The Luisefio 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 and/or unique archaeological resource are unearthed during ground
disturbing activities for this project, the tribe respectfully requests that they by notified and
consulted with in regards to the respectful and dignified treatment of those resources. 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.
f) When cultural resources are discovered during the project, if the archaeologist collects such
resources, a Luiseno 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 Luisefio 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 tribe's 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 Luisefio 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.
August 2015 -31-Initial Study
Project Name: 6125 PASEO DEL NORTE
Project No: COP 15-17(A)
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 will need to be analyzed and confirmed by an archeologist and Luiseno Native
American monitor that such fill material does not contain cultural resources.
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
ana!ysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated/'
describe the mitigation measures, which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Division located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (EIR 13-02),
City of Carlsbad Planning Division, September 2015.
2. Carlsbad General Plan, City of Carlsbad Planning Division, dated September 2015, 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. Flood Insurance Rate Map, Map No. 06073C1030G, May 2012.
7. Biological Resources Letter Report for the Paseo Del Norte Project, Helix Environmental Planning,
July 31, 2015.
8. Geotechnical Investigation, SMS Geotechnical Solutions, Inc., February 10, 2015.
9. Cultural Resources Survey for the Paseo Del Norte Project, Helix Environmental Planning, January 11,
2016.
August 2015 -32-Initial Study
ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR
6125 PASEO DEL NORTE
COP 15-17(A)-6125 PASEO DEL NORTE
EXHIBIT "ADDM"
The purpose of the Addendum to the Mitigated Negative Declaration is to describe minor revisions to
the existing and impacted habitat acreages and to state the determination that these revisions do not
create any new significant environmental effects, that none of the conditions contained in Section
15162 of the California Environmental Quality Act {CEQA) have occurred, and that a subsequent
Mitigated Negative Declaration is not required. These revisions are based on an updated biological
report and a survey dated February 26 and February 29, 2016, respectively, which was after the
completion of the MND. The updates reflected refined project details including clarification of the
project boundary and grading limits, and a more detailed habitat mapping survey that was conducted
based on field staking the edge of the coastal sage scrub. The survey showed that the area of existing
coastal sage scrub on the project site is actually 0.43 acre (rather than 0.48 acre). In addition, the
project's habitat restoration area has increased. Originally, restoration was only proposed for the slope
grading area within the HMP hardline. In order to simplify the landscape plans and open space fencing,
the applicant elected to extend the restoration area up to the edge of pavement. The new restoration
area is 0.29 acre, versus 0.14 acre originally. As a result of the new information, an Addendum to the
MND was prepared to make minor adjustments to the habitat mapping, impact and restoration areas
and reflect restoration of the temporary impact area. A minor addition to one of the mitigation
measures is proposed, but no new mitigation measures are required as a result of these minor revisions.
This Addendum provides updates to Section IV, Biological Resources, of the Initial Study as follows:
1. Section IV.b, Table 1-Impacts to Vegetation Communities on page 11 of the Initial Study is revised
to read as follows:
Table 1 -Impacts to Vegetation Communities
Vegetation Community Habitat Group I Existing Acreage Permanent Temporary
-Impact Acreage Impact Acreage
Upland
Diegan Coastal Sage Scrub: D l 0.4 I --
Baccharis-Dominated I
'---103 <0.1 {0.03) <0.1 (0.01) Non-native Vegetation F
Disturbed Habitat F 0.3 0.3 0.6 -· Wetland
Southern Willow Scrub lA ill ----
~-
41
I 0.3 TO~A 71 0.3 --.
Page 2
2. Section IV.f, the discussion on the San Diego Marsh-Elder beginning on page 12 is revised to read as
follows:
"San Diego Marsh-Elder
Conservation goals for the San Diego marsh-elder include:
• Conserve approximately 1,000 acres of cismontane alkali marsh, freshwater marsh, and
disturbed wetlands and assure no net loss of these types within the City.
• Conserve an estimated 70% of the two major populations along San Marcos Creek and Encinitas
Creek within existing hardline conservation areas.
Impact avoidance/minimization measures for the San Diego marsh-elder include:
• Manage preserve areas to minimize edge effects, control access, limit disturbance, limit
chemical use within vicinity, control non-native competitive species, and maintain hydrology
and water quality.
• Use in wetland re-vegetation programs where appropriate.
Consistency Determination-The project is consistent with these goals by contributing conservation
and preservation of 0.41 acre of riparian habitat within existing hardline. The project would result in
no loss of wetlands. Although the project would not contribute to conservation of the two major
populations along San Marcos Creek and Encinitas Creek, the project would conserve two marsh-
elder individuals and preserve additional suitable habitat within the existing hardline."
3. Mitigation Measure BIO-S, Preservation and Management of Existing Hardline, is revised to read as
follows:
"BIO 5 Preservation and Management of Existing Hardline. Prior to issuance of a grading permit,
the project applicant shall record a conservation easement over those portions of the property
identified as Existing Hardline within the project's open space. The conservation easement shall be
included on final project plans.
Prior to issuance of a grading permit, the project applicant shall prepare a Restoration Plan for the
revegetation of the temporary impact area within the preserve with coastal sage scrub. The
Restoration Plan shall include five years of maintenance and monitoring to ensure the restoration
effort is successful.
Prior to issuance of a grading permit, the project applicant shall prepare a perpetual management,
maintenance, and monitoring plan (Preserve Management Plan, PMP) for the on-site biological
conservation easement areas. The PMP shall include area specific management directives for
treatment of non-native invasive plant species within the project's open space, in addition to those
required to meet HMP adjacency standards. The initial treatment of non-native invasive plant
species shall occur within, the first year following issuance of grading permit, and periodically
thereafter, according to a schedule approved by the City and as funding allows.
The applicant shall also establish a non-wasting endowment for an amount approved by the City
based on a Property Analysis Record (PAR; Center for Natural lands Management 2008) or similar
Page 3
cost estimation method to secure the ongoing funding for the perpetual management,
maintenance, and monitoring of the biological conservation easement area by an agency, non-profit
organization, or other entity approved by the City. Upon approval of the draft PMP, the applicant
shall submit the final PMP to the City and a contract with the approved land manager, as well as
transfer the funds for the non-wasting endowment to a non-profit conservation entity.
The project applicant shall install appropriate permanent fencing, such as five-foot-tall black vinyl-
coated chain link fence, along the boundary of the open space to discourage human access. The
project applicant shall also install signage on the fence to educate and inform the public about the
open space and to prohibit access. The fencing shall be shown on all final project plans."
These clarifications/revisions to the Initial Study are not considered substantial or significant as it relates
to the environmental effects associated with the project, or the conditions contained in Section 15162
of CEQA, and a subsequent Mitigated Negative Declaration is not required.
Date: Don Neu
City Planer
Mitigation Monitoring and Reporting Program
PROJECT NAME: PASEO DEL NORTE
PROJECT NO: COP 15-17(A)
APPROVAL DATE/RESOLUTION NUMBER($):
(_City
Carlsbad
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
BI0-1 Temporary construction fencing (with silt barriers) shall be installed at the limits of
project impacts (including construction staging areas and access routes) to prevent
sensitive habitat impacts and to prevent the spread of silt from the construction zone
into adjacent habitats to be avoided. Fencing shall be installed in a manner that does
not impact habitats to be avoided. The applicant shall submit to the city for approval at
least 30 days prior to initiating project impacts and the final plans for project
construction. These final plans shall include photographs that show the fenced limits of
impact and areas to be impacted or avoided.
Employees shall strictly limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint. All equipment maintenance, staging, and
dispensing of fuel, oil, coolant, or any other such activities shall occur in designated
areas within the fenced project impact limits. These designated areas shall be located
in previously compacted and disturbed areas to the maximum extent practicable in
such a manner as to prevent any runoff from entering adjacent open space and shall be
shown on the construction plans. Fueling of equipment shall take place within existing
paved areas greater than 100 feet from Encinas Creek. Contractor equipment shall be
checked for leaks prior to operation and repair, as necessary. "No-fueling zones" shall
be designated on construction plans.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease
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.
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Page 1 of 5
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MITIGATION MEASURE
810-2
810-3
until the problem has been remedied to the satisfaction of the City. Any
riparian/wetland or upland habitat impacts that occur beyond the approved fence shall
be mitigated in accordance with ratios specified in the Carlsbad HMP or as otherwise
determined by the city, USFWS, USACE, RWQCB, and/or CDFW. Temporary
construction fencing shall be removed upon project completion.
If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the
breeding season for least Bell's vireo (March 15 through September 15), the project
applicant shall retain a qualified biologist to perform preconstruction surveys of
potential nesting habitat within the project open space areas to confirm the absence of
active least Bell's vireo nests. Three surveys shall be performed within 7 days prior to
initiating construction activities, which the last survey occurring within 1 day prior to
initiating construction activities.
If the qualified biologist determines that no active least Bell's vireo nests occur, the
activities shall be allowed to proceed without any further requirements. If the qualified
biologist determines that active least Bell's vireo nests occur, then the following
restrictions shall be implemented:
• Construction noise levels at the riparian canopy edge shall be kept below 60 dBA
Leq (measured as Equivalent Sound Level) from 5 a.m. to 11 a.m. between March
15 and July 15. For the remainder of the season, until September 15 or until a
qualified biologist determines that least Bell's vireo have migrated for the year and
are no longer present, the noise levels shall not exceed 60 decibels, averaged over a
one-hour period on an A-weighted decibel (dBA; i.e., 1 hour Leq/dBA). Noise levels
shall be monitored and monitoring reports shall be provided to the city. Noise
levels in excess of this threshold shall require written concurrence from the USFWS
and CDFW, and may require additional minimization and/or mitigation measures in
consultation with these agencies.
If initial grading and vegetation removal activities (i.e., earthwork, clearing, and
grubbing) must occur during the general bird breeding season for migratory birds and
raptors (January 15 and September 15), the project applicant shall retain a qualified
biologist to perform a pre-construction survey of potential nesting habitat to confirm
the absence of active nests belonging to migratory birds and raptors afforded
protection under the Migratory Bird Treaty Act and California Fish and Game Code. The
Mitigation Monitoring and Reporting Program
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PROJECT NUMBER: COP 15-17(A)
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MITIGATION MEASURE
810-4
BIO-S
pre-construction survey shall be performed no more than 7 days prior to the
commencement of the activities. If the qualified biologist determines that no active
migratory bird or raptor nests occur, the activities shall be allowed to proceed without
any further requirements. If the qualified biologist determines that an active migratory
bird or raptor nest is present, no impacts shall occur until the young have fledged the
nest and the nest is confirmed to no longer be active, as determined by the qualified
biologist.
All exterior lighting adjacent to existing hardline and project open space associated with
Encinas Creek shall be of the lowest illumination allowed for human safety, selectively
placed, shielded, and directed away from preserved habitat to the maximum extent
practicable.
Prior to issuance of a grading permit, the project applicant shall record a conservation
easement over those portions of the property identified as Existing Hard line within the
project's open space. The conservation easement shall be included on final project
plans.
Prior to issuance of a grading permit, the project applicant shall prepare a Restoration
Plan for the revegetation of the temporary impact area within the preserve with coastal
sage scrub. The Restoration Plan shall include five years of maintenance and monitoring
to ensure the restoration effort is successful.
Prior to issuance of a grading permit, the project applicant shall install appropriate
permanent fencing, such as five-foot-tall black vinyl-coated chain link fence, along the
boundary of the open space to discourage human access. The project applicant shall
also install signage on the fence to educate and inform the public about the open space
and to prohibit access. The fencing shall be shown on all final project plans.
Prior to issuance of a grading permit, the project applicant shall prepare a perpetual
management, maintenance, and monitoring plan (PMP) for the on-site biological
conservation easement areas. The PMP shall include area specific management
directives for treatment of non-native invasive plant species within the project's open
space, in addition to those required to meet HMP adjacency standards. The initial
treatment of nonnative invasive plant species shall occur within the first year following
issuance of grading permit, and periodically thereafter, according to a schedule
approved by the City and as funding allows.
Mitigation Monitoring and Reporting Program
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PROJECT NUMBER: COP 15-17(A)
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MITIGATION MEASURE
CUL-l
The applicant shall also establish a non-wasting endowment for an amount approved by
the city based on a Property Analysis Record (PAR; Center for Natural Lands
Management 2008) or similar cost estimation method to secure the ongoing funding for
the perpetual management, maintenance, and monitoring of the biological
conservation easement area by an agency, non-profit organization, or other entity
approved by the city. Upon approval of the draft PMP, the applicant shall submit the
final PMP to the city and a contract with the approved land manager, as well as transfer
the funds for the non-wasting endowment to a non-profit conservation entity.
a) Prior to the commencement of any ground disturbing activities, the project
developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal
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 Luiseno Native American human
remains inadvertently uncovered during the course of the project. The agreement
will outline the roles and powers of the Luisei'io Native American monitors and the
archaeologist.
b) Any and all uncovered artifacts of Luisei'io Native American cultural importance
should be returned to the tribe, and/or the most likely descendant and not be
curated.
c) Native American monitors and archaeological monitors should have joint authority
to temporarily divert and/or halt construction activities. If cultural resources are
discovered during construction, all earth moving activity within and around the
immediate discovery area must be diverted until the Luisei'io Native American
monitor and the archaeologist can assess the nature and significance of the find.
d) The Luisei'io 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 and/or unique archaeological resource are
unearthed during ground disturbing activities for this project, the tribe respectfully
requests that they by notified and consulted with in regards to the respectful and
dignified treatment of those resources. Pursuant to California Public Resources
Mitigation Monitoring and Reporting Program
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PROJECT NUMBER: COP 15-17(A)
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MITIGATION MEASURE
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.
f) When cultural resources are discovered during the project, if the archaeologist
collects such resources, a Luisefio Native American monitor must be present during
any testing or cataloging of those resources. If the archaeologist does not collect
the cultural resources that are unearthed during the ground disturbing activities,
the Luisefio Native American monitor, may in their discretion, collect said resources
and provide them to the tribe and respectful and dignified treatment in accordance
with the tribe's 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 Luisefio
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 will need to be analyzed
and confirmed by an archeologist and Luiseno Native American monitor that such
fill material does not contain cultural resources.
Mitigation Monitoring and Reporting Program
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0 :a:
PROJECT NAME: 6125 PASEO DEL NORTE
PROJECT NUMBER: COP 15-17(A)
~1:
;:: ~ .g t:
c "' 0 Q, ~~
... c "' c: c 0
~ .s::. .,
c ~ ~
al ~ to: Gl "i a. > E
~ ~ a:
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