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HomeMy WebLinkAbout2016-12-07; Planning Commission; Resolution 7174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR UPTOWN BRESSI, EIR 15-01, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A 17.71 ACRE SITE WITHIN THE BRESSI RANCH MASTER PLAN WITH A 91,164 SQUARE FOOT SHOPPING CENTER, AND A 125 UNIT MULTI-FAMILY CONDOMINIUM PROJECT, ALL LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI CASE NO.: EIR 15-01 WHEREAS, SP Acquisition, LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, “Owner,” described as Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 (“the Property”); and WHEREAS, a Project Environmental Impact Report (EIR 15-01) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on December 7, 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 Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That the Final Project Environmental Impact Report consists of the Final Project PLANNING COMMISSION RESOLUTION NO. 7174 PC RESO NO. 7174 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Environmental Impact Report, EIR 15-01, dated April, 2016, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Division incorporated by this reference, and collectively referred to as the “Report.” C) That the Environmental Impact Report, EIR 15-01, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. D) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report for the UPTOWN BRESSI project, EIR 15-01 and RECOMMENDS ADOPTION of the Candidate Findings of Fact (“CEQA Findings”), attached hereto marked as “Exhibit A” and incorporated by this reference and of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto marked as “Exhibit B” and incorporated by this reference; based on the following findings and subject to the following condition. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 15- 01, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 15-01, the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) attached hereto as “Exhibit A,” and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as “Exhibit B,” prior to RECOMMENDING APPROVAL of this project. 3. The Planning Commission finds that Final EIR 15-01 reflects the independent judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (“Exhibit A”), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The Planning Commission hereby finds that the Program (“Exhibit B”) is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of PC RESO NO. 7174 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the public and public agencies in connection with the Project EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, Bressi Ranch Master Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner. Condition: 1. The Developer/Owner shall implement the mitigation measures described in “Exhibit B,” the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Uptown Bressi project and Bressi Ranch Master Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE §21081 CEQA GUIDELINES §15091) Final Environmental Impact Report (EIR 15-01) Uptown Bressi Project (SCH No. 2015081017) 1.0 Introduction A Final Environmental Impact Report (hereafter “Final EIR”) has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the proposed Uptown Bressi Project and associated actions (hereafter “proposed project”) and considered by the City in connection with its public consideration of requested approvals for the proposed project. While the full scope of the proposed project and associated approvals are detailed further in Section 1.1 Proposed Project, the proposed project would involve a General Plan Amendment (GPA 14-04) to re- designate the site from its existing General Plan land use designation of Planned Industrial (PI) to Residential High Density (R-23) and Local Shopping Center (L) and a Master Plan Amendment (MP 178(I)) to permit the development of a maximum of 125 for-sale residential units on approximately 7.7 acres of the project site, approximately 91,164 square feet (sf) of commercial uses on 10 acres, and an additional 9,160 sf of dedicated outdoor dining space. The Final EIR also analyzed the environmental effects of a range of project alternatives. The Final EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. 1.1 Proposed Project The proposed project is located on a 17.7-acre site within Planning Area 4 (PA 4) of the Bressi Ranch Master Plan. The entire Bressi Ranch Master Plan area consists of 585 gross acres of land located within Local Facilities Management Zone 17, in the southeast quadrant of the City of Carlsbad (City), San Diego County. Carlsbad is a coastal city located 30 miles north of downtown San Diego. The City is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The 17.7-acre project site is comprised of four vacant parcels of land identified as assessors parcel numbers (APNs) 213-262-06, -07, -08, and 09. The project site is located on a flat, graded pad that was originally planned for light industrial uses as contemplated in the Bressi Ranch Master Plan, adopted in 2002. Palomar Airport Road, Gateway Road, El Fuerte Street surround the project site. Gateway Road and Colt Place currently provide direct access to the project site. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |2 Project Characteristics The project Applicant is proposing a mixed residential and retail/general commercial project. Townhomes and residential flats are proposed for the western side of the property (approximately 7.7 acres), while retail/general commercial uses would occupy the eastern portion of the site (approximately 10 acres). Residential Development The project Applicant proposes the development of 125 residential units as part of the project, which results in a density of 16.30 dwelling units per acre. The residential units would be located in 23 three- story buildings on the western portion of the project site. The majority of these units, 103, would be 3- story townhomes, with 3 bedrooms, 3-3.5 bathrooms, and range from 1,660 to 2,068 sf in size. The remaining 22 units would consist of Stacked Flats that would contain 1-3 bedrooms, 1-2 bathrooms, and would range in size from 735-1,340 sf. These units would each be contained entirely on one level. Per Carlsbad Municipal Code (CMC) Section 21.85.030, the project is required to provide 15 percent of the total units as affordable units. Pursuant to City Council Policy 43, the allocation of dwelling units from the excess dwelling unit bank, as a result of the land use change from industrial to residential, is considered a development incentive. Similarly, in September 2015, the City Council approved Planning Commission Resolution No. 7114, which required projects as part of the General Plan Update requesting units from the Excess Dwelling Unit Bank, to provide a minimum of 20 percent of the total housing units on the site as affordable to lower income households. Given that no residential units were previously proposed for the project site, all 125 residential units will be allocated from the Excess Dwelling Unit Bank. Therefore, the project is required to provide 20 percent of the total units as affordable units. The proposed project complied with the standard, reserving 25 units to be set aside for individuals and families that meet the income requirements. All units in the project, including the affordable units, would be for-sale. The new neighborhood would provide its own common and private amenities, including private patios and decks, a resort-style pool and spa, outdoor kitchen and social space, children's play area, bocce ball court, dedicated green space, and bicycle (or surfboard) storage. A total of 28,685 sf of common recreational space is provided, and 14,073 sf is dedicated to active recreation, including the pool/spa area, tot lot, shuffleboard and bocce ball courts. Commercial/Retail Development The proposed retail space would include approximately 91,164 sf of shops and restaurants. This includes a 28,000 sf food market, a 16,454 sf pharmacy with drive-thru, 11,650 sf retail store, and smaller restaurants (sit down and fast casual) and retail shops in buildings totaling 35,060 sf. An additional 9,160 sf of dedicated outdoor dining space is also proposed. The project site would complement the already successful Bressi Ranch Village Center located on the south side of Gateway Road. The retail/general commercial area is divided into two main sections - the larger tenants are located along the northern portion of the project site, while the smaller shops and restaurant are located to the south, closer to Gateway Road. Finnila Place would be extended through the middle of the Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |3 retail/general commercial site to create a Main Street, and buildings would be located along both sides of this road. To encourage pedestrian activity and create gathering places wherever possible, plazas have been located throughout the retail/general commercial center. In addition to informal gathering spaces, outdoor dining is proposed. Although specific restaurant tenants have not yet been identified, it is anticipated that outdoor dining would be scattered throughout the site. Project Design Features Several Project Design Features have been incorporated into the project that are intended to reduce energy consumption through building designs that increase energy efficiency, water conservation, and the use of energy efficient appliances. Also, these features can reduce vehicle miles traveled through promoting pedestrian access and use of public transportation. The following project design features are included as part of the proposed project:  The proposed project will be designed with strong emphasis on pedestrian travel, with path networks, plazas, and connections with existing Bressi Ranch shopping and amenities.  The proposed project is an infill project that will provide housing in an industrial/commercial area to help boost the City's jobs/housing balance.  The project is a mixed-use project that will provide additional commercial services in close proximity to existing residents of Bressi Ranch and the residents that will occupy the new residential component of the project.  Transportation alternatives will be available to those living and visiting the project. Additionally, the project proposes features that are consistent with the City’s Climate Action Plan. These features include:  Installation of solar photovoltaic (PV) systems. PV systems will be installed on the rooftops of residential buildings and on commercial building rooftops.  Commercial Facility Commissioning. The project applicant will commission the proposed commercial buildings as described in Chapter 5.3 of the Final EIR. Commercial commissioning is the systematic process of ensuring that a building performs according to its design and the occupant’s operational needs.  Compliance with the Green Building Code. CALGreen, also known as Title 24, is California’s Building Energy Code. All buildings will comply with the Green Building Code including the requirement for use of EnergyStar systems and white roofs.  LED lighting. 75 percent of lighting and signage would utilize LED fixtures.  Solar Water Heating. Solar water heating will be provided for the residential recreation common areas, and on-demand type water heating systems will be provided in interior residential units.  Transportation Demand Management (TDM). The project will implement several TDM measures including clean vehicle, carpool/vanpool preferential parking, pedestrian and bicycle connections, bicycle parking, bicycle education and transit education. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |4  EV Charging Stations. The project will include 30 parking spaces pre-wired and capable of supporting EV charging stations. Of these 30 parking spaces, 15 EV charging stations will be installed at the commercial parking spaces. All residential garages will be pre-wired for EV charging stations, and the project will include one EV charging station at visitor parking spaces.  Use of Recycled Water. The project will utilize recycled water for all landscaping, which reduces the demand for energy and in turn, reduces overall GHG emissions associated with water treatment.  Rainwater Systems. Rainwater systems will collect and distribute rainwater to residential common area landscaping, such as planter boxes. 1.2 Project Objectives The following statements represent objectives of the project. These objectives also provide a basis for identification of alternatives evaluated in the EIR.  Provide land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain the San Diego Association of Governments (SANDAG) “Smart Growth” principles for the Bressi Ranch area.  Provide a high density community in compliance with the policies of the Housing Element of the Carlsbad General Plan.  Establish a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses.  Include developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities.  Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code; and the Zone 17 Local Facilities Management Plan, as adopted by the concurrent application.  Add to the City and Master Plan’s inventory of housing diversity by providing both for-sale market rate and for-sale affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and public uses.  Maintain consistency with the architectural and landscape Guidelines as contained in the Bressi Ranch Master Plan. 1.3 Purpose of CEQA Findings CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code §21081 and CEQA Guidelines §15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §15091(a) are: Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |5 (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: 1. The project as approved will not have a significant effect on the environment, or 2. The agency has: a. Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. 2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts The City, having reviewed and considered the information contained in the EIR, finds pursuant to Public Resources Code §21081(a)(1) and Guidelines §15091(a)(1) that changes or alterations have been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen to below a level of significance the following potential significant environmental effects identified in the EIR. 2.1 Hydrology and Water Quality 2.1.1 Violation of Water Quality Standards A. Significant Impact. Implementation of the proposed project includes short-term construction activities including grading and excavation. Although the site has been previously mass graded and is relatively level, the proposed project would require additional grading along with utility installations and the construction of the proposed uses. Therefore, the proposed project has the potential to result in a significant impact related to erosion/sedimentation and discharge of construction-related hazardous materials (e.g., fuels, grease, etc.) into local storm drains. B. Facts in Support of Finding (1). The project’s potential impact associated with violation of water quality standards would be mitigated to a level less than significant with the implementation of Mitigation Measure WQ-1. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |6 C. Mitigation Measures Mitigation Measure WQ-1 Prior to issuance of a grading permit for any phase of the development, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City’s grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following:  Silt fence, fiber rolls, or gravel bag berms;  Check dams;  Street sweeping and vacuuming;  Storm drain inlet protection;  Stabilized construction entrance/exit;  Hydroseed, soil binders, or straw mulch;  Containment of material delivery and storage areas;  Stockpile management;  Spill prevention and control;  Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and  Concrete waste management. 2.1.2 Long-Term Operations A. Significant Impact. Once constructed the proposed project uses (e.g., residential and commercial/retail) would likely generate certain pollutants commonly found in similar developments that could affect water quality downstream from the project site. With the inclusion of these uses, the proposed project has the potential to result in long-term impacts on water quality due to the addition of pollutants typical of urban runoff. Therefore, the potential water quality impact associated with operation of the project is considered a significant impact. B. Facts in Support of Finding (1). The project’s potential impact associated with long-term impacts on water quality would be mitigated to a level less than significant with the implementation of Mitigation Measure WQ-2. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |7 C. Mitigation Measures Mitigation Measure WQ-2 Prior to the issuance of a grading permit or other approvals for any public or private right-of- way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. The BMPs that shall be provided on the project site include, but are not limited to, the following:  Storm drain inlet labeling;  Sweeping of plazas, sidewalks, and parking lots;  Pervious surfaces; and  Bioretention basins. 2.2 Land Use Planning 2.2.1 Plan Consistency A. Significant Impact. The project site is located within Airport Overflight Notification Area (Review Area 1) of the Airport Influence Area for McClellan-Palomar Airport. Residential properties located in an overflight notification area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations. The Airport Land Use Compatibility Plan (ALUCP) requires that all new residential projects located within the overflight notification area be required to record a notice informing of the potential environmental impacts related to the aircraft, and the property is subject to overflight, sight and sound of aircraft operating from the McClellan-Palomar Airport. B. Facts in Support of Finding (1). The project’s potential impact associated with residential properties located in overflight notification areas would be mitigated to a level less than significant with the implementation of Mitigation Measure LU-1. C. Mitigation Measures Mitigation Measure LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single- event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |8 NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of a building permit and the affordable housing development, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. 2.3 Noise 2.3.1 Short-Term Construction Noise Conflict A. Significant Impact. Construction activities would generally involve minor grading, earth movement, foundations and building construction, paving and striping, and landscaping. These activities would generate temporary and intermittent noise at and near the project site. Noise levels would fluctuate depending on the particular type, number, and duration of use of various pieces of construction equipment. Construction-related noise levels at the closest residence were calculated for each construction phase. The received sound levels would range from 79 dBA Leq-8h to 85 dBA Leq-8h depending on the specific construction phase. All construction phases would generate noise levels above 75 dBA Leq-8h, which could exceed the County of San Diego construction noise abatement level of 75 dBA Leq-8h. Therefore, this is considered a significant impact without mitigation. B. Facts in Support of Finding (1). The project’s potential impact associated with projected outdoor noise levels during construction would be mitigated to a level less than significant with the implementation of Mitigation Measure N-1. C. Mitigation Measures Mitigation Measure N-1 Prior to issuance of a grading permit, the Applicant shall ensure that:  All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers.  Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |9  Construction staging area(s) shall be set back a minimum distance of 165 feet from any sensitive receptor property line to minimize noise to sensitive receptors.  During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors.  The project shall be in compliance with the City’s Municipal Code such that grading activities are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m. and sunset on Saturday. 2.3.2 Future On-Site Noise – Outdoor Noise Levels A. Significant Impact. The modeling results for the project site are quantitatively shown in EIR Table 5.6-4 for the projected outdoor noise levels on the project site. The modeled observer locations for the sampled units are presented in EIR Figure 5.6-2. Based upon these findings, as shown in EIR Table 5.6-4, the future ground level noise levels at Receptor Numbers 1 through 8 would exceed the 60 dBA CNEL threshold. This is considered a potentially significant impact and would require mitigation. Mitigation Measure N-2 requires the construction of a six-foot barrier along a portion of Palomar Airport Road on the northern boundary of the project site (see EIR Figure 5.6-3). As shown in EIR Table 5.6-4, with the incorporation of a six-foot barrier along Palomar Airport Road, noise levels at the outdoor usable areas would be below 60 dBA CNEL. B. Facts in Support of Finding (1). The project’s potential impact associated with projected outdoor noise levels would be mitigated to a level less than significant with the implementation of Mitigation Measure N-2. C. Mitigation Measures Mitigation Measure N-2 Prior to the issuance of certificate of occupancy for any residential buildings, a six-foot high noise barrier, as shown in Figure 6-B: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting, Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate noise impacts. The noise barrier must be constructed of a non-gapping material consisting of masonry, ½ inch thick glass, earthen berm or any combination of these materials. 2.3.3 Future On-Site Noise – Interior Noise Levels A. Significant Impact. Second and third floor receptors were also modeled to determine noise levels at building façades. As shown in EIR Table 5.6-4, noise levels at the second and third level building facades are anticipated to be above 60 dBA CNEL. The City has established a maximum threshold of 45 dBA CNEL for interior noise for residential land uses. Typically, with the windows open, and using standard California construction materials and methods, the building shells provide approximately 15 dBA CNEL of noise reduction. Therefore, the proposed residential uses would be exposed to an exterior noise level greater than 60 dBA Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |10 CNEL that could result in an interior noise level greater than 45 dBA CNEL. Because exterior noise levels are anticipated to exceed 60 dBA CNEL on the second and third floors of the proposed residential buildings, interior noise levels is anticipated to be greater than 45 dBA CNEL. This is considered a potentially significant impact and requires mitigation. B. Facts in Support of Finding (1). The project’s potential impact associated with projected interior noise levels would be mitigated to a level less than significant with the implementation of Mitigation Measure N-2 and N-3. C. Mitigation Measures Mitigation Measure N-2 As listed above. Mitigation Measure N-3 Prior to issuance of building permits, the project Applicant shall prepare a site specific noise study for each residential lot based upon the final site design (i.e., architectural and building plans), building orientation, and pad elevations. The site specific noise study shall demonstrate that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. 2.4 Transportation/Circulation 2.4.1 Existing Plus Project Conditions (Year 2015) – Gateway Road/Finnila Place A. Significant Impact. EIR Table 5.10-11 presents the results for the existing plus project scenario for unsignalized intersections within the project area. As shown in EIR Table 5.10- 11, with the addition of the project, the Gateway Road and Finnila Place intersection would operate at LOS E during the PM peak hour. The deterioration in LOS resulting from project operations at this unsignalized intersection is considered a significant impact. B. Facts in Support of Finding (1). The project’s potential impact on Gateway Road and Finnila Place would be mitigated to a level less than significant with the implementation of Mitigation Measure T-1. C. Mitigation Measures Mitigation Measure T-1 Gateway/Finnila Place. The project Applicant shall design and install a traffic signal at the intersection of Gateway Road / Finnila Place. As shown on EIR Table 5.10-16, with the installation of a traffic signal at this location the intersection will operate at an acceptable LOS D. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |11 2.4.2 Near Term Conditions (Year 2018) – Gateway Road/Finnila Place A. Significant Impact. As shown in EIR Table 5.10-13, with the addition of project-related impacts to near-term conditions, operations at the intersection of Gateway Road and Finnila Place would be reduced from LOS A to E in the PM peak hour. Based on the project deterioration in LOS at this intersection under the Near-Term with the project conditions, this impact is considered significant in the absence of mitigation. B. Facts in Support of Finding (1). The project’s potential impact on Gateway Road and Finnila Place would be mitigated to a level less than significant with the implementation of Mitigation Measure T-1. C. Mitigation Measures Mitigation Measure T-1 Mitigation Measure T-1 as listed above. As shown in EIR Table 5.10-16, with installation of a traffic signal at this location the intersection will operate at an acceptable LOS C. 2.4.3 Buildout Conditions (Year 2030) – Gateway Road/Finnila Place and Gateway Road/Innovation Way A. Significant Impact. With the addition of the project under this scenario, there is a projected reduction in LOS for the PM peak hour for two of the intersections: (1) Gateway Road and Innovation Way, and (2) Gateway Road and Finnila Place (see EIR Table 5.10-15). Based on the results of the buildout scenario with the project conditions, the projected decrease in PM peak hour LOS is considered a significant impact in the absence of mitigation. B. Facts in Support of Finding (1). The project’s potential impact on Gateway Road/Finnila Place and Gateway Road/Innovation Way would be mitigated to a level less than significant with the Implementation of Mitigation Measures T-1 and T-2. C. Mitigation Measures Mitigation Measures T-1 Mitigation Measure T-1 as listed above. Mitigation Measure T-2 Gateway Road/Innovation Way. Prior to recordation of the final map or issuance of grading permits for the proposed project, the project Applicant shall pay a fair share (35 percent) contribution towards construction of a traffic signal at the intersection of Gateway Road / Innovation Way. As shown in EIR Table 5.10-16, with installation of a traffic signal, the Gateway Road/Finnila Place intersection will operate at an acceptable LOS C during the AM peak hour and LOS D Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |12 during the PM peak hour. As shown in EIR Table 5.10-16, with installation of a traffic signal, the Gateway Road/Innovation Way intersection will operate at an acceptable LOS B during the AM peak hour and LOS C during the PM peak hour. 2.4.4 Transportation Hazards A. Significant Impact. Construction of the project would generate temporary, construction- related traffic during the up to 24-month construction period. The primary impacts of project construction would include temporary, short-term, and intermittent reductions of roadway capacities associated with the movement of construction equipment or construction of roadway improvements (e.g. medians, signals, etc.). Construction of the project could affect the roadway network in two ways: (1) by crossing a roadway, or (2) running parallel to a roadway within the public right-of-way (e.g., Gateway Road). To facilitate construction within the roadway, portions of the roadway that would normally be used for traffic circulation or parking would be temporarily unavailable. This displacement could block two travel lanes, one travel lane and the adjacent shoulder/parking area, or just the shoulder/parking area, depending upon the type of construction. It is estimated that lane blockages, if required, would last for durations varying between a few days for perpendicular encroachments to a few weeks for parallel or longitudinal encroachments. These activities could exacerbate existing traffic conditions; especially, at intersections already operating at a poor LOS. These impacts are considered significant in the absence of mitigation. B. Facts in Support of Finding (1). The project’s potential impact on increasing transportation hazards during construction would be mitigated to a level less than significant with the implementation of Mitigation Measure T-3. C. Mitigation Measures Mitigation Measure T-3 Traffic Control Plan. Prior to construction, the Applicant shall prepare a Traffic Control Plan for roadways and intersections affected by project-related construction. The Traffic Control Plan shall comply with requirements in the encroachment permits issued by the City. The Traffic Control Plan shall, at minimum, include the following measures:  Maintaining the maximum amount of travel lane capacity during non-construction periods, possible, and advanced notice to drivers through the provision of construction signage.  Maintaining alternate one-way traffic flow past the lay down area and site access when feasible.  Heavy trucks and other construction transport vehicles shall avoid the busiest commute hours (7 a.m. to 8:30 a.m. and 3:30 p.m. to 6 p.m. on weekdays), unless otherwise permitted by the City.  The Applicant shall provide a minimum 72-hour advance notice of access restrictions for residents, businesses, and local emergency response agencies. This shall include Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |13 the identification of alternative routes and detours to enable for the avoidance of the immediate construction zone.  The Applicant, in cooperation with the City, shall provide a phone number and community contact for inquiries about the schedule of the project throughout the construction period. This information will be posted in a local newspaper, the developer’s website or City Management facilities, if available, and will be updated on a monthly basis.  Pedestrian and bicycle access shall be maintained along Gateway Road for the duration of construction. 3.0 Effects Found Not to be Significant The City finds, based on the substantial evidence appearing in Chapter 7.5 of the EIR, that the following impacts on the following resources will not be significant: Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Mineral Resources. Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Chapter 5.1), Air Quality (Chapter 5.2), Greenhouse Gas Emissions (Chapter 5.3), Population/Housing (Chapter 5.7), Parks/Recreation (Chapter 5.8), and Public Services and Utilities (Chapter 5.9) were found to be less than significant. 4.0 Findings Regarding Feasible Alternatives Pursuant to CEQA Guidelines §15126.6(a), EIRs must “describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.” The EIR considers a reasonable range of alternatives. The alternatives to the project are evaluated in Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the project, and eliminate or further reduce its significant environmental effects. Based on these parameters, the following alternatives were considered: (1) No Project/Existing General Plan Alternative; (2) No Project/No Development Alternative; and (3) Reduced Commercial Alternative. 4.1 No Project/Existing General Plan Alternative The No Project/Existing General Plan Alternative assumes that the project site would be developed pursuant to the existing Planned Industrial land use designation. Under this alternative, development of the project site would include the development of light industrial uses as previously approved by the City in 2005 (PIP 05-23). This approval, which has since expired, permitted the development of a 300,000 sf office/industrial park. This alternative would not include any commercial or residential development at the project site (as is proposed under the project). Similar to the project, this alternative would have access to existing backbone infrastructure located adjacent to the project site. As shown on EIR page 5.10-10 (and provided in Appendix L of the EIR), under existing zoning (Planned Industrial), the project site would have generated 4,200 ADT. Therefore, the No Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |14 Project/Existing General Plan Alternative is assumed to generate 4,200 ADT. Compared to the proposed project, this alternative would reduce vehicular traffic by 4,814 ADT. This alternative is consistent with the existing PI General Plan land use designation and would not require a General Plan Amendment to the Land Use Element. Impacts to land use and planning and noise would be reduced under this alternative. However, this alternative is expected to generate greater vehicle miles traveled (VMTs), would result in greater air and GHG emissions as compared to the project. Based on SANDAG’s “(not so) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region (April 2002), the average trip length associated with planned industrial uses is nine miles. Therefore, this alternative would generate approximately 37,800 VMT. Comparatively, the average trip length for residential uses is 7.9 miles, and neighborhood commercial uses is 3.6 miles, respectively. Therefore, the proposed project would generate approximately 36,750 VMT (7.9 x 1,000 + 3.6 x 8,014), which is 1,050 VMT less than what could occur under the existing zoning. Further, this VMT estimate does not account for internal trip capture (mixed-uses serving the Bressi community), which would further reduce the project trip generation estimate by 10%, and therefore, the corresponding VMT by an additional 10 percent. Assuming a 10 percent trip generation reduction for mixed-use capture of trips, the proposed project would generate approximately 33,076 VMT (7.9 x 900 + 3.6 x 7,213), which is 4,724 less VMT than what could occur under existing zoning. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. This alternative would not meet most of the basic objectives of the proposed project, including the following:  Provide land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain the San Diego Association of Governments (SANDAG) “Smart Growth” principles for the Bressi Ranch area.  Provide a high density community in compliance with the policies of the Housing Element of the Carlsbad General Plan.  Establish a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses.  Include developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities.  Add to the City and Master Plan’s inventory of housing diversity by providing both for-sale market rate and for-sale affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and public uses. Therefore, the No Project/Existing General Plan Alternative is not recommended for approval. Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |15 4.2 No Project/No Development Alternative The purpose of this alternative is to reduce impacts associated with development of the project site. This alternative avoids impacts to land use, water quality, transportation, and noise. The No Project/No Development Alternative assumes that the project site would not be developed and would remain vacant. This alternative also assumes that the off-site roadway improvements would not be constructed. Under this alternative, hydrology and water quality, land use, noise, and traffic impacts associated with the project would be avoided. This alternative would not result in impacts to the remaining issue areas, nor would it meet any of the basic objectives of the proposed project. The No Project/No Development Alternative would not meet any of the basic objectives of the proposed project, therefore, this alternative is not recommended for approval. 4.3 Reduced Commercial Alternative The purpose of this alternative is to avoid or reduce the significant transportation/circulation impacts associated with the proposed project by reducing the vehicular trips generated by the project. The Reduced Commercial Alternative would reduce the commercial square footage (includes 9,160 sf of dedicated outdoor dining space) from 100,174 sf to 41,410 sf by eliminating the proposed market, pharmacy, and two retail buildings. Under this alternative, all commercial development would be shifted to the southeast corner of the project site. As shown in EIR Figure 6-1, the residential development would still occur on the western portion of the project site, but under this alternative, residential development would be added to the northeast portion of the project site. This alternative would increase the for-sale residential units from 125 to 231 units. Using SANDAG’s traffic generation rate for retail use (80 trips per every 1,000 sf), the Reduced Commercial Alternative would generate 3,313 average daily trips (ADT). Using SANDAG’s traffic generation rate for condominiums (8 trips per dwelling unit), the Reduced Commercial Alternative would generate 1,848 ADT. As shown in EIR Table 6-1, the combined mixed-use project is expected to generate 5,161 ADT. Compared to the proposed project, this alternative would reduce vehicular traffic by 3,853 ADT. Under this alternative, traffic impacts would be reduced. However, impacts to noise would be greater than compared to the proposed project. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. The Reduced Commercial Alternative is considered the environmentally superior alternative to the proposed project as it would reduce air quality and GHG emissions as well as trip generation. The Reduced Commercial Alternative would expose a larger number of receptors to traffic noise from Palomar Airport Road. However, this alternative would meet all of the objectives of the project, and would achieve to a lesser extent project objectives related to:  Smart growth and developing a sustainable community including providing land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain SANDAG “Smart Growth” principles for the Bressi Ranch area; Uptown Bressi Project Final EIR Findings of Fact City of Carlsbad, California November 2016 |16  Establishing a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses; and,  Developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Therefore, the Reduced Commercial Alternative is not recommended for approval. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-1 0.3 Mitigation Monitoring and Reporting Program Mitigation measures have been identified in the Environmental Impact Report (EIR) for the Uptown Bressi Project to reduce or eliminate potential environmental impacts associated with the project. The City of Carlsbad (City) is required to implement all adopted mitigation measures. In order to ensure compliance, the following mitigation monitoring program has been formulated. This program consists of a checklist followed by a detailed description of the mitigation measures. A mitigation checklist has been prepared for the project. Table 1 summarizes the mitigation measures for the project. Information contained within the checklist clearly identifies the mitigation measure, delineates the monitoring schedule, and defines the conditions required to verify compliance. Following is an explanation of the seven columns that constitute the checklist. Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with a brief description. Column 2 Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term Mitigation (LT) in order to identify at what stage in the project development process the mitigation measure can be implemented based upon the following definitions:  PD - Project Design Mitigation: Mitigation that has been incorporated into the project at the design phase of project development (e.g., traffic control plan, landscape plan);  PC - Project Construction Mitigation: Mitigation that is to be initiated at the project site prior to and/or during construction to avoid construction related impacts (e.g., dust or noise control measures);  OM - On-going Mitigation: Mitigation associated with the project over a period of time (e.g., success of revegetation);  LT - Long-Term Mitigation: Mitigation that requires monitoring over a greater period of time (e.g., five-year revegetation monitoring program). Column 3 Monitor: Identifies the City department or other public agency that is responsible for determining compliance with the mitigation measure and for informing the Planning Department about compliance. Column 4 Schedule: The monitoring schedule depends upon the progression of the overall project. Therefore, specific dates are not used within the “Schedule” column. Instead, scheduling describes a logical succession of events (e.g., prior to construction, annual) and if necessary, delineates a follow-up program. Column 5 Compliance Action: The monitor can easily determine a mitigation measure’s completion by referring to “Compliance Action.” Upon satisfaction of the requirement listed in this column, the mitigation measure is considered complete. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-2 Column 6 Verification of Compliance: The monitor verifies completion of the particular mitigation measure by initialing and dating in this column. Where the “Schedule” column indicates annual or other ongoing mitigation measures, verification of compliance may not occur until completion of the project. Provision of all required signatures within the Verification of Compliance column signifies conclusion of the monitoring program. Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be documented during each visit. The space provided for remarks is obviously too small for inclusion of the remarks. It is intended that this space be used to indicate whether there are specific comments pertaining to the status of the mitigation measure. If there are additional comments they are to be attached to the checklist. . This program is to be adopted by the lead and responsible agencies upon formulation of findings in order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code Section 21081.6). Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-3 Table 1. Uptown Bressi Project (EIR 15-01) Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Hydrology and Water Quality WQ-1 Prior to issuance of a grading permit for any phase of the development, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9- 2015-0001 and R9-2015-0100, NPDES NO. CAS0109266). The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City’s grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plan. BMPs that shall be installed include, but are not limited to, the following:  Silt fence, fiber rolls, or gravel bag berms;  Check dams;  Street sweeping and vacuuming;  Storm drain inlet protection;  Stabilized construction entrance/exit;  Hydroseed, soil binders, or straw mulch;  Containment of material delivery and storage areas;  Stockpile management;  Spill prevention and control; PD & PC City of Carlsbad Engineering Department Prior to issuance of a grading permit for any phase of the development Prior to issuance of a grading permit for any phase of the development, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the City’s Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures on a weekly basis. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-4 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date  Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and  Concrete waste management. WQ-2 Prior to the issuance of a grading permit or other approvals for any public or private right-of-way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. The BMPs that shall be provided on the project site include, but are not limited to, the following:  Storm drain inlet labeling;  Sweeping of plazas, sidewalks, and parking lots;  Pervious surfaces; and  Bioretention basins. PD & PC City of Carlsbad Engineering Department Prior to issuance of a grading permit Prior to the issuance of a grading permit or other approvals for any public or private right-of-way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Land Use Planning LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight PD & PC City of Carlsbad Planning Department Prior to issuance of a building permit Prior to issuance of a building permit, the City of Carlsbad Planning Division shall verify through the recordation of a Notice that new residents within the McClellan-Palomar Airport Overflight Notification Area as Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-5 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of a building permit and the affordable housing development, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. defined by the ALUCP are notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. Noise N-1 Prior to issuance of a grading permit, the Applicant shall ensure that:  All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers.  Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and PC City of Carlsbad Planning and Building Department Prior to issuance of a grading permit Prior to issuance of a grading permit, the Applicant shall ensure that construction equipment are equipped with mufflers, construction noise reduction methods are utilized, construction staging area (s) are set back at a minimum of 165 feet from any sensitive receptor, stockpiling and vehicle staging areas are located as far away from sensitive receptors during construction, and that the project is in compliance with the City’s Municipal Code. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-6 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date similar power tools, rather than diesel equipment, shall be used where feasible.  Construction staging area(s) shall be set back a minimum distance of 165 feet from any sensitive receptor property line to minimize noise to sensitive receptors.  During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors.  The project shall be in compliance with the City’s Municipal Code such that grading activities are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m. and sunset on Saturday. N-2 Prior to the issuance of certificate of occupancy for any residential buildings, a six- foot high noise barrier, as shown in Figure 6-B: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting, Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate noise impacts. The noise barrier must be constructed of a non- gapping material consisting of masonry, ½ inch thick glass, earthen berm or any combination of these materials. PD & PC City of Carlsbad Planning and Building Department Prior to issuance of a certificate of occupancy Prior to the issuance of certificate of occupancy for any residential buildings, a six-foot high noise barrier, as shown in Figure 6-B: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting, Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate noise impacts. N-3 Prior to issuance of building permits, the project Applicant shall prepare a site specific noise study for each residential lot based upon the final site design (i.e., architectural and building plans), building orientation, and pad elevations. The site specific noise study shall demonstrate that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. PD City of Carlsbad Planning and Building Department Prior to issuance of a building permit Prior to issuance of a building permit, a site specific noise study for each residential lot based on the final site design, building orientation, and pad elevations shall be completed by the Applicant and approved by the Building Department. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-7 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Transportation T-1 Gateway/Finnila Place. The project Applicant shall design and install a traffic signal at the intersection of Gateway Road / Finnila Place. PD City of Carlsbad Planning and Engineering Department Prior to construction Prior to construction, the Applicant shall design a traffic signal at the intersection of Gateway Road/Finnila Place. The Applicant shall be responsible for traffic signal installation as part of project construction. T-2 Gateway Road/Innovation Way. Prior to recordation of the final map or issuance of grading permits for the proposed project, the project Applicant shall pay a fair share (35 percent) contribution towards construction of a traffic signal at the intersection of Gateway Road / Innovation Way. PD & PC City of Carlsbad Planning and Engineering Department Prior to the recordation of the final map or issuance of a grading permit Prior to recordation of the final map or issuance of grading permits for the proposed project, the project Applicant shall pay a fair share contribution towards construction of a traffic signal at the intersection of Gateway Road / Innovation Way. T-3 Traffic Control Plan. Prior to construction, the Applicant shall prepare a Traffic Control Plan for roadways and intersections affected by project-related construction. The Traffic Control Plan shall comply with requirements in the encroachment permits issued by the City. The Traffic Control Plan shall, at minimum, include the following measures:  Maintaining the maximum amount of travel lane capacity during non-construction periods, possible, and advanced notice to drivers through the provision of construction signage.  Maintaining alternate one-way traffic flow past the lay down area and site access when feasible.  Heavy trucks and other construction transport vehicles shall avoid the busiest commute hours (7 a.m. to 8:30 a.m. and 3:30 p.m. to 6 p.m. on weekdays), unless otherwise permitted by the City.  The Applicant shall provide a minimum 72-hour advance notice of access PD City of Carlsbad Planning and Engineering Department Prior to construction Prior to construction, the developers shall prepare a Traffic Control Plan which complies with the requirements in the encroachment permits issued by the City. Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California July 2016 | 0.3-8 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date restrictions for residents, businesses, and local emergency response agencies. This shall include the identification of alternative routes and detours to enable for the avoidance of the immediate construction zone.  The Applicant, in cooperation with the City, shall provide a phone number and community contact for inquiries about the schedule of the project throughout the construction period. This information will be posted in a local newspaper, the developer’s website or City Management facilities, if available, and will be updated on a monthly basis.  Pedestrian and bicycle access shall be maintained along Gateway Road for the duration of construction.