HomeMy WebLinkAbout2017-02-01; Planning Commission; Resolution 7224
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR POINSETTIA 61, EIR 15-03, AND
RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT
AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
DEVELOPMENT OF A 50.80 ACRE SITE WITH A 123 UNIT SINGLE-FAMILY
CONDOMINIUM PROJECT, AND A 10-ACRE MITIGATION SITE, LOCATED
SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND
EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA
LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA 61
CASE NO.: EIR 15-03
WHEREAS, Lennar Homes of California, Inc., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, “Owner,”
described as
a Portion of the Southwest Quarter of the Southwest Quarter of Section
23 and a Portion of the Northwest Quarter of the Northwest Quarter of
Section 26, both of Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the County of San Diego, State of California,
according to Unites States Government Survey thereof
(“the Property”); and
WHEREAS, a Project Environmental Impact Report (EIR 15-03) was prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on February 1, 2017, 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.
PLANNING COMMISSION RESOLUTION NO. 7224
PC RESO NO. 7224 -2-
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B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 15-03, dated January 17, 2017, 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 15-03, 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
POINSETTIA 61 project, EIR 15-03 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-
03, 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 15-03, 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 15-03 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
PC RESO NO. 7224 -3-
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the decision makers as determined by the City Clerk; all documents submitted by members of
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,
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 Poinsettia 61 project.
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Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 1
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(PUBLIC RESOURCES CODE §21081
CEQA GUIDELINES §15091)
Final Environmental Impact Report (EIR 15-03)
Poinsettia 61 Project
(SCH No. 2016031006)
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
Poinsettia 61 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. The
proposed project involves the development of 123 single-family residential units and the completion
of the last remaining section of Poinsettia Lane (“Reach E”). While the full scope of the proposed
project and associated approvals are detailed further in Section 1.1 and Section 1.3, the proposed
project would involve a General Plan Amendment (GPA 14-06) to change the existing Residential (R-
4) use to Residential (R-8) use for the portion of the project site proposed for development and to
designate the remainder of the project site as Open Space (OS). The project would also involve a
Zone Change from One-Family Residential (R-1) to Residential Density-Multiple (RD-M) for the portion
of the project site proposed for development and OS for the conserved portions of the project site.
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 consists of 50.80 acres of land located in the southwest quadrant of the City of
Carlsbad, 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 east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean.
The project site is comprised of five parcels of land identified as Assessor Parcel Numbers (APNs)
215-020-07, 215-050-21, -22, -44, and -47. The project is located south of Cassia Road, between the
existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane.
Project Characteristics
The proposed project site comprises 50.80 acres of land, and would be developed with 123 single-
family residential units. A key component of the project is the completion of Poinsettia Lane Reach E
(including bridge), which is a Mobility Element roadway. The area proposed for residential
EXHIBIT A
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 2
development would be developed at a density of approximately 6.1 dwelling units per acre (du/ac),
consistent with the proposed Residential (R-8) General Plan Land Use designation of the project site.
Site improvements include residential development and supporting infrastructure, roadway and bridge
improvements, pocket parks/common open space. The City is proposing a 15-foot wide City trail
easement within the existing San Diego Gas and Electric (SDG&E) easement that traverses the
property.
Residential Development
The project applicant proposes the development of 123 single-family residential units on two
development lots (Lots 1 and 2). Of the proposed units, 61 would be located east of Poinsettia Lane
and 62 would be located west of Poinsettia Lane. The residential units would be developed on the
previously disturbed agricultural area on the easterly and westerly side of the future extension of
Poinsettia Lane between Cassia Road and Oriole Court. This area has been previously disturbed by
agricultural practices and grading for the future extension of Poinsettia Lane.
The proposed residential units would be constructed in four different floor plans and would range from
1,745 square feet (sf) to 2,718 sf in size. The proposed residential buildings will feature three
architectural styles. These styles are intended to provide varied yet harmonious architectural themes.
Pursuant to the Inclusionary Housing Ordinance, the proposed project would include 15 on-site
inclusionary second dwelling units on the project site and purchase four inclusionary housing credits
in the Southwest Quadrant of the city. A second dwelling unit is an accessory structure that is intended
for human habitation, which may be attached to, or detached from, the principal dwelling. The
proposed inclusionary second dwelling units are attached to the main home and feature a separate
private entrance, bedroom, bathroom, laundry, eat-in kitchenette and living room.
Poinsettia Lane – “Reach E” Improvements
As part of the proposed project, approximately 1,600 linear feet of Poinsettia Lane (“Reach E”) would
be constructed within the project site to its full width. This would result in Poinsettia Lane providing a
continuous link from Melrose Drive to Interstate 5. The Reach E improvements would be completed
by the applicant and financed in part with reimbursements from the existing Bridge and Thoroughfare
District No. 2 funds.
The east side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot bike lane,
and an 8-foot wide decomposed granite trail. The west side of Poinsettia Lane would be constructed
with two 12-foot thru lanes, an 8-foot bike lane, and concrete sidewalks. The proposed project includes
the construction of a new two-span bridge to extend the eastern portion of Poinsettia Lane across the
existing canyon through the site. The total span of the bridge, from the top of each abutment, is 272
feet. The height of the bridge would be approximately 30 to 35 feet.
Open Space
Approximately 25.1 acres of the project site will be recorded as an open space lot and conserved as
permanent open space. This open space lot will be preserved in accordance with the requirements
of the City’s Habitat Management Plan, which includes the establishment of a biological conservation
easement, endowment, as well as on-going monitoring and maintenance responsibilities.
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 3
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 east side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot
bike lane, and an 8-foot wide decomposed granite trail. The west side of Poinsettia Lane
would be constructed with two 12-foot thru lanes, an 8-foot bike lane, and concrete sidewalks.
Provision of bus stops on either side of Poinsettia Lane (within project limits).
Additionally, the project proposes features that are consistent with the City’s Climate Action Plan
(CAP). These features include such measures as:
Installation of Solar Photovoltaic (PV) Systems. PV systems will be installed on the
rooftops of residential units.
Compliance with the Green Building Code. CALGreen, also known as Title 24, is
California’s Building Energy Code. All buildings will comply with the CAP measure requiring
compliance with the energy code. The proposed project will be designed to be consistent with
Title 24, Part 6 Energy Budget for the Standard Design Building.
Light Emitting Diodes (LED) Lighting. All landscape related lighting and signage will be
LED. At least 75 percent of project luminaires will be LED or similarly efficient lighting.
Solar Water Heating. Solar water heating will be provided as part of the residential PV rooftop
systems.
Increase Zero-Emissions Vehicle Travel. Electric vehicle (EV) charging stations/parking
spaces will be provided within the common area of the project and each residence will be pre-
wired for EV service equipment.
Use of Recycled Water. The project will be fitted with “purple” piping, which will facilitate the
use of reclaimed water for the project. The reclaimed water would be utilized for all common
areas landscaping, which reduces the demand for energy and in turn, reduces overall GHG
emissions associated with water treatment.
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.
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 4
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 21 Local Facilities Management Plan, as adopted by the concurrent application.
Construct Poinsettia Lane Reach “E” to complete this General Plan Mobility Element Roadway.
Add to the City’s inventory of housing by providing for-sale market housing opportunities.
Development and retention of open space and wildlife habitat through the preservation and
enhancement of sensitive flora and fauna consistent with the City’s HMP.
1.3 Project Approvals
Actions and Approvals by the City of Carlsbad
The following identifies the legislative and discretionary actions and approvals by the City of Carlsbad
for the proposed project.
General Plan Amendment (GPA 14-06). An amendment to the City’s General Plan is required
in order to implement the proposed project as follows:
Land Use and Community Design Element. Change Residential (R-4) land use designation to
Residential (R-8) for the portion of the project site proposed for development. The remainder
of the project site would be designated Open Space (OS). Additionally, adjacent parcels (APNs
215-050-45 and -46) for mitigation purposes would be included in the General Plan
amendment and would be designated as OS.
Zone Change (ZC 14-04). Zone change from One-Family Residential (R-1) to Residential
Density-Multiple (RD-M) for the portion of the project site proposed for development and OS
for the conserved portions of the project site. Additionally, adjacent parcels (APNs 215-050-
45 and -46) for mitigation purposes would be included in the zone change and would be
designated as OS.
Local Coastal Program Amendment (LCPA 14-06). A Local Coastal Program Amendment
to amend the Local Coastal Program Land Use and Zoning maps to be consistent with the
General Plan and Zoning Maps to address an associated General Plan Amendment and Zone
Change on the project site.
Certification of the Final EIR (EIR 15-03). After the required public review of the Draft EIR,
the City of Carlsbad will respond to comments, edit the document, and produce a final EIR to
be certified by the City Council as complete and providing accurate information concerning the
environmental impacts from the implementation of the proposed project.
Vesting Tentative Tract Map (CT 14-10). The Applicant is requesting approval of a Vesting
Tentative Tract Map required for development of the project site. A tentative tract map is
required by the California Subdivision Map Act (Government Code §66426 et seq.).
Planned Development Permit – Residential (PUD 14-12). The Project applicant is
requesting a planned development permit (PUD) to facilitate individual ownership of units and
subdivision of the residential areas.
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 5
Site Development Plan (SDP 14-15). A Site Development Plan (SDP) is required for the
affordable housing component of the project.
Coastal Development Permit (CDP 14-34). A Coastal Development Permit is required to
construct the proposed project. This permit is necessary as the proposed project is located
within the Mello II Segment of the City’s LCP.
Hillside Development Permit (HDP 14-07). Grading of the proposed project is subject to the
City’s Hillside Development Ordinance as project areas contain hillside conditions that are
defined as slopes greater than 15 feet in height and 15% in slope. The purpose of the Hillside
Development Permit is to regulate grading conformance with the City’s Hillside Development
Ordinance (Municipal Code §21.95.010) standards and policies.
Habitat Management Plan Permit (HMP 14-04) and Consistency Findings. A HMP Permit
is required for projects which impact sensitive biological resources as defined pursuant to the
HMP. In addition, as the project proposes the conversion of the properties from a Standards
Area to a Hardline Area, a Minor Amendment to the HMP is required through the processing
of Consistency Findings.
Discretionary Action and Approvals by Other Agencies
The following identifies the discretionary action and approvals by the Coastal Commission for the
proposed project.
Local Coastal Program Amendment (LCPA 14-06). A Local Coastal Program Amendment
to amend the Local Coastal Program Land Use and Zoning maps to be consistent with the
General Plan and Zoning Maps to address an associated General Plan Amendment and Zone
Change on the project site.
1.4 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:
(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.
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 6
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 Agricultural Resources
2.1.1 Conversion of Farmland to Non-Agricultural Use
A. Significant Impact. Implementation of the proposed project would convert approximately 20
acres of land designated as “Unique Farmland” to non-agricultural use.
B. Facts in Support of Finding (1). The project’s potential impact associated with conversion
of Unique Farmland to non-agricultural use would be mitigated to a level less than significant
with the implementation of Mitigation Measure AG-1.
C. Mitigation Measure
Mitigation Measure AG-1
Prior to issuance of a grading permit, the project applicant shall purchase 15.1 acres of in-lieu
fee mitigation credits for impacts to non-special-status communities and land cover types. This
acreage is based on impacts to land identified as “Unique Farmland” on the Constraints Map
approved by the City of Carlsbad, minus 2.7 acres already paid for pursuant to HMP Permit
10-02 (Poinsettia Place).
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 7
2.2 Biological Resources
2.2.1 Special-Status Plants – Indirect Impacts
A. Significant Impact. Indirect impacts to special-status plants could result primarily from
adverse edge effects. During construction activities, edge effects may include dust which could
disrupt plant vitality in the short-term or construction related soil erosion and water runoff. In
addition, potential long-term indirect impacts on special-status plant species could include
trampling by humans traveling off trail, invasion by exotic plants and animals, exposure to
urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), increase
or decrease in natural fire regime, soil erosion, and hydrologic changes (e.g., surface and
groundwater level and quality).
B. Facts in Support of Finding (1). The project’s potential indirect impact associated with
special-status plants would be mitigated to a level less than significant with the implementation
of Mitigation Measures BR-1 and BR-2.
C. Mitigation Measures
Mitigation Measure BR-1
Prior to issuance of a grading permit, the applicant shall incorporate the following measures into the grading plans, final project design, and landscaping plans:
A qualified biologist shall conduct a training session for all project personnel prior to
proposed activities. At a minimum, the training shall include a description of the target
species of concern and its habitats, the general provisions of the Endangered Species
Act (Act) and the HMP, the need to adhere to the provisions of the Act and the HMP,
the penalties associated with violating the provisions of the Act, the general measures
that are being implemented to conserve the target species of concern as they relate to
the project, access routes, and project site boundaries within which the project
activities must be accomplished.
The footprint of disturbance shall be specified in the construction plans. Construction
limits will be delineated with orange fencing, and in areas potentially subject to project
related runoff, silt fencing will be used to delineate the impact footprint. All fencing will
be maintained until the completion of all construction activities, at which time all fencing
will be removed. All construction personnel and associates shall be instructed that their
activities, vehicles, equipment, and construction materials are restricted to the
proposed project footprint, designated staging areas, and routes of travel. If any
impacts shall occur beyond the approved impact footprint, all work in the immediate
vicinity shall cease until the disturbance limit breach has been addressed to the
satisfaction of the City and resource agencies.
The upstream and downstream limits of project disturbance plus lateral limits of
disturbance on either side of the riparian vegetation on site shall be clearly defined,
marked in the field, and reviewed by the project biologist prior to initiation of work.
Projects should be designed to avoid the placement of equipment and personnel within
the riparian vegetation or on adjacent upland habitats used by target species of
concern.
Poinsettia 61 Project Final EIR Findings of Fact
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A water pollution and erosion control plan shall be developed that describes sediment
and hazardous materials control, dewatering or diversion structures, fueling and
equipment management practices, and other factors deemed necessary by reviewing
agencies. Erosion control measures shall be monitored on a regularly scheduled basis,
particularly during times of heavy rainfall. Corrective measures will be implemented in
the event erosion control strategies are inadequate. Sediment/erosion control
measures will be continued at the project site until such time as the revegetation efforts
are successful at soil stabilization.
The qualified project biologist shall review grading plans (e.g., all access routes and
staging areas), and monitor construction activities throughout the duration of
grading/ground disturbance associated with the project to ensure that all practicable
measures are being employed to avoid incidental disturbance of habitat and any target
species of concern outside the project footprint.
Construction monitoring reports shall be completed and provided to the City
summarizing how the project is in compliance with applicable conditions. The project
biologist should be empowered to halt work activity if necessary and to confer with City
staff to ensure the proper implementation of species and habitat protection measures.
Any habitat destroyed that is not in the identified project footprint shall be disclosed
immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a
minimum ratio of 5:1.
Access to and from the site will be located along existing access routes or disturbed
areas to the greatest extent possible. All access routes outside of existing roads or
construction areas will be clearly marked.
Construction employees will limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
Equipment storage, fueling, and staging areas shall be located on disturbed upland
sites with minimal risk of direct drainage into riparian areas or other sensitive habitats,
and at least 100 feet from waters of the United States. These designated areas shall
be located in such a manner as to prevent any runoff from entering sensitive habitat.
All necessary precautions shall be taken to prevent the release of cement or other toxic
substances into surface waters. All project-related spills of hazardous materials shall
be reported to the City and shall be cleaned up immediately and contaminated soils
removed to approved disposal areas.
When stream flows must be diverted, the diversions shall be conducted using
sandbags or other methods requiring minimal instream impacts. Silt fencing or other
sediment trapping materials shall be installed at the downstream end of construction
activity to minimize the transport of sediments off site. Settling ponds where sediment
is collected shall be cleaned out in a manner that prevents the sediment from re-
entering the stream. Care shall be exercised when removing silt fences, as feasible,
to prevent debris or sediment from returning to the stream.
Erodible fill material shall not be deposited into water courses. Brush, loose soils, or
other similar debris material shall not be stockpiled within the stream channel or on its
banks.
Poinsettia 61 Project Final EIR Findings of Fact
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Construction through sensitive areas shall be scheduled to minimize potential impacts
to biological resources. Construction adjacent to drainages should occur during
periods of minimum flow (i.e., summer through the first significant rain of fall) to avoid
excessive sedimentation and erosion and to avoid impacts to drainage-dependent
species. Construction near riparian areas or other sensitive habitats should also be
scheduled to avoid the breeding season (January 1 through September 15) and
potential impacts to breeding bird species.
Fugitive dust will be avoided and minimized through watering and other appropriate
measures.
If dead or damaged listed species are located, initial notification must be made within
three working days, in writing, to the USFWS Division of Law Enforcement in Torrance,
California, and by telephone and in writing to the applicable jurisdiction, Carlsbad Field
Office of the USFWS, and CDFW.
Exotic species that prey upon or displace target species of concern shall be
permanently removed from the site.
To avoid attracting predators of the target species of concern, the project site shall be
kept as clean of debris as possible. All food related trash items shall be enclosed in
sealed containers and regularly removed from the site(s). Pets of project personnel
shall not be allowed on site where they may come into contact with any listed species.
The City of Carlsbad has the right to access and inspect any sites of approved projects
including any restoration/enhancement area for compliance with project approval
conditions including these BMP. The USFWS and CDFW may accompany City
representatives on this inspection.
Mitigation Measure BR-2
Prior to issuance of a grading permit, the following items will be provided to and approved by
the City and/or the Preserve Steward:
Plans for fencing, drainage, restoration and other activities that might directly or
indirectly impact sensitive habitats or species; the plans will document compliance with
Adjacency Standards, if applicable (HMP P. F-16).
Plans for landscaping adjacent to natural habitat will include the following stipulations:
(1) no invasive exotic plant species (Lists A and B of the Cal-IPC exotics list) will be
used in landscaping; (2) no plants that require excessive irrigation, fertilizers, or
pesticides will be used in landscaping; and (3) irrigation of landscaping within 200 feet
of a hardline boundary will be controlled to prevent runoff into the preserve.
Fencing plans will describe the type and location of fencing, including (a) permanent
fencing along any urban/wildlands interface to deter unauthorized access (if deemed
necessary by the City), (b) permanent fencing to direct animals toward wildlife
undercrossings and away from traffic, and (c) temporary fencing to delineate the
construction footprint, impact zones within the footprint, protected areas, and no-
construction buffer zones.
2.2.2 Special-Status Wildlife – Direct Impacts
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 10
A. Significant Impact. If initial habitat clearing occurs during the breeding season for avian
species, reproduction for species within the project site may significantly affect those
populations. If construction activities cannot be avoided during the breeding season,
minimization measures will be required to reduce impacts to less than significant levels. If
clearing activities occur, even outside of the breeding season, the carrying capacity of the
regionally available suitable habitat will have been reduced and may significantly adversely
impact special-status species populations.
B. Facts in Support of Finding (1). The project’s potential direct impact associated with special-
status wildlife would be mitigated to a level less than significant with the implementation of
Mitigation Measures BR-3, BR-4, BR-5, and BR-6.
C. Mitigation Measures
Mitigation Measure BR-3
If construction occurs during the bird breeding season (January 1 – September 15), a qualified
biologist shall conduct pre-construction surveys for active migratory bird nests including raptor
nests. The survey shall begin not more than three days prior to the beginning of grading
activities. The USFWS will be notified at least seven days before clearing and grubbing
begins. During this activity, a qualified biologist will walk the area ahead of construction
equipment to flush birds away from impact areas. The biologist will immediately report to
USFWS the number and location of any federally listed birds disturbed by clearing and
grubbing. No gnatcatchers will be injured or killed.
Mitigation Measure BR-4
A qualified biologist will conduct a focused species gnatcatcher survey in appropriate habitat
within and surrounding the project area. The surveys will consist of three visits, one week
apart; the last of these will be conducted no more than three days prior to construction. Surveys
will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and
migratory birds (including, but not limited to the least Bell’s vireo) and within an additional 500-
foot survey buffer within 3 days of construction. The USFWS will be notified immediately of
any federally listed species that are located during preconstruction surveys. If nests of listed
birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with
a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from
other sensitive bird species. All construction activity will be prohibited within this area. During
the breeding season, construction noise will be measured regularly to maintain a threshold at
or below 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If
noise levels supersede the threshold, the construction array will be changed or noise
attenuation measures will be implemented, such as noise barriers, screens, and/or noise
attenuation blankets.
Mitigation Measure BR-5
On-site restoration within potential temporary impact areas shall be based on preconstruction
habitat conditions evaluated by a qualified biologist within three months of impact. Based on a
current evaluation, restoration of temporary impacts are estimated to include coyote brush
scrub (0.2 acre Poinsettia Lane) and southern maritime chaparral (0.4 acre Residential
Development and 0.2 acre Poinsettia Lane).
As with habitat creation and enhancement sites, the restoration of temporary impacts shall be
evaluated and designed through preparation of a Restoration Plan, consistent with MHCP
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Volume II, Appendix C (Revegetation Guidelines), to be reviewed and approved by the City
Planner, in consultation with the USFWS, CDFW, and CCC.
An approved habitat restoration specialist will be designated and will determine the most
appropriate method of restoration. Restoration techniques, as specified in the Restoration
Plan, may include hydroseeding, hand-seeding, imprinting, and soil and plant salvage. The
Habitat Restoration Plan shall also include criteria to measure success and describe how
monitoring of revegetation efforts will be implemented. At the completion of project
construction, all construction materials shall be removed from the site. Additionally, if deemed
necessary, any topsoil located in areas to be restored would be conserved and stockpiled
during the excavation process for use in the restoration process.
Mitigation Measure BR-6
Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to 6.3
acres of southern maritime chaparral. Mitigation is required in the form of habitat restoration
as well as preservation. Habitat restoration must achieve no-net-loss per special-status
vegetation community/habitat type (at least 1:1 restoration to impact ratio regardless of the
total mitigation ratio).
Habitat restoration (i.e., creation and substantial restoration) totaling 6.3 acres and habitat
preservation totaling 12.6 acres (or equivalent) shall be evaluated and designed through
preparation of a Restoration Plan to be reviewed and approved by the City Planner, in
consultation with the USFWS, CDFW, and the CCC. The Restoration Plan shall also
demonstrate a minimum 5.1-acre addition in the HMP Preserve area (which may co-occur with
habitat restoration areas). Additions of greater than 5.1 acres of HMP Preserve may be
credited towards the habitat preservation requirement.
The project applicant will submit final habitat restoration plans to the City and/or Agencies for
review at least 30 days prior to initiating project impacts. The Restoration Plan shall be
prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation
Guidelines, pages C-1 to C-2), and Volume III; HMP pp. F-8 to F-11; and Open Space
Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an
evaluation of restoration suitability specific to proposed habitat types, soil and plant material
salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and
monitoring program, and success criteria. All areas shall be monitored for a minimum of 5
years to ensure establishment of intended plant communities.
Due to the fact that the availability and acceptability of mitigation, including the type and
amount of credit, may change between preparation of this EIR and final permit issuance for
the proposed project (including review and approval by resource agencies), a number of
mitigation options (presented in EIR Table 5.4-13) have been identified. Any combination of
these mitigation options may ultimately be used to meet the mitigation requirements set forth
in the Carlsbad HMP.
On-site Mitigation
A Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report)
describes the following three categories of restoration/mitigation:
Habitat establishment (i.e., creation) within existing disturbed lands. These areas
are locations within the open space area that are currently composed of either
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disturbed habitat, agriculture land, ornamental areas, eucalyptus woodland, or ruderal
land, which can be converted to native habitat through minor grading and the specified
restoration efforts.
Habitat restoration within existing habitat areas, that have low native cover
either from previous disturbances, or insufficient natural re-establishment after
the 2014 Poinsettia Fire. These areas are located within the open space area, not
including areas within existing utility or road easements, where there was severe
damage from the 2014 Poinsettia Fire and where minimal native vegetation re-
establishment is occurring, and/or where previous site disturbances have reduced
native cover, or has opened up the areas to non-native weed and exotic species
invasion. Within these areas, restoration is possible through the removal of trash and
debris, eradication of weeds and non-native/exotic species and through supplemental
planting of native shrub and understory plants, coupled with seeding with appropriate
native species to help restore these areas to sustainable native habitat.
Substantial restoration within previously disturbed habitat areas, homeless
encampments, trash and debris areas, and previous trails to be abandoned.
These areas are located within the open space area, not including areas within existing
utility or road easements, where previous disturbance from homeless encampments
and damage from significant trash and debris piles is expected to limit the re-
establishment of native vegetation following the 2014 Poinsettia Fire. Current
assessments are inconclusive regarding the degree to which these areas will passively
re-establish with native habitat. Within these areas, substantial restoration is possible
through the conversion of these areas to more pristine native habitat through the
planting of native trees, shrub and understory plants, coupled with seeding with
appropriate native species to help restore these areas to sustainable native habitat.
For purposes of the information shown in EIR Table 5.4-13 and as documented in the
Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report), it is
assumed the 100% creation credit is recognized for habitat establishment within existing
disturbed lands; the percent creation/substantial restoration credit for habitat restoration within
areas of low native cover is based on the actual area of bare ground/invasive species; and an
additional 25% of the historically disturbed lands would qualify for creation/substantial
restoration credit. The second and third categories may alternatively be recognized as
preservation credit. Also, as documented in the Conceptual Restoration Plan, a portion of the
onsite restoration plan includes southern maritime chaparral - live oak woodland and southern
maritime chaparral – wetland transition areas as appropriate areas on site. It is assumed that
these areas be credited to the southern maritime chaparral 1:1 no-net loss restoration
requirement on the basis that these communities integrate with southern maritime chaparral
on-site and contribute to the overall ecological function of southern maritime chaparral.
Off-site Kevane Parcels
The Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report)
also includes proposed restoration of two off-site Kevane parcels (APNs 215-050-45 and -46)
(as shown in EIR Figure 5.4-9), using the same restoration treatments and mitigation credits
as discussed above for on-site open space. These two off-site parcels would also be eligible
for southern maritime chaparral preservation credits, for any acreage not accounted for in the
restoration plan or as mitigation for HMP Preserve acreage.
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The property would be incorporated into the on-site restoration program and conserved in a
manner consistent with the on-site open space including the requirements stated above
regarding an approved Restoration Plan.
Veteran’s Park
A total 3.1 acres of land may be added to the HMP Preserve at Veteran’s Park (as shown in
EIR Figure 5.4-10). The exact location has not been identified at this time because the City is
currently evaluating the site for park development. The site mostly supports coastal sage scrub
and annually maintained nonnative grassland; disturbed areas within the final mitigation area
would be restored with coastal sage scrub. There is some southern maritime chaparral in the
vicinity but all of the open space directly adjacent to the mitigation area is occupied by coastal
sage scrub. Given the coastal location of this habitat and the use of similar species that use
southern maritime chaparral, this would be considered as mitigation for southern maritime
chaparral impacts. For purposes of information shown in EIR Table 5.4-13, it is assumed that
all 3.1 acres are currently disturbed and would be restored to coastal sage scrub and therefore
recognized as creation/substantial restoration mitigation credit. This area would add 3.1 acres
of the HMP Preserve, therefore counting towards the HMP Preserve (no-net-loss) requirement.
An additional 3.1 acres of land at Veteran’s Park, within the existing HMP Preserve, is also
suitable for habitat creation/substantial restoration. The majority of the area is currently annual
grassland and suitable for coastal sage scrub creation along the western edge of the HMP
Preserve. Additional pockets of disturbed land occur in the central and eastern portion of the
HMP Preserve between areas of existing coastal sage scrub and southern maritime chaparral.
These areas may be restored and credited towards the habitat creation or preservation
requirements of the project.
Aviara Community Park
Aviara Community Park is located less than one mile northwest of the project and currently
supports north-facing slopes and hillsides with southern maritime chaparral that is not within
the HMP Preserve. As shown in EIR Figure 5.4-11, a 5.5-acre area has been identified to be
added to the HMP Preserve (thus contributing to the HMP Preserve [no-net-loss] requirement).
This area consists of 2.0 acres of highly disturbed southern maritime chaparral (less than 20%
native cover) and 3.5 acres of existing southern maritime chaparral that is either undisturbed
or has limited areas of disturbance (greater than 80% native cover).
An additional 2.1 acres of manufactured slope with existing ornamental vegetation is suitable
for restoration with coastal sage scrub species, would provide an enhanced buffer between
the park and HMP Preserve, and therefore could be credited towards the preservation credit.
This area would not be added to the HMP Preserve, as manufactured slopes are generally not
included in the Preserve.
Reiter Parcel
A 10.2-acre parcel south of the Poinsettia project is currently undeveloped and mapped as a
Standards Area. If conserved and restored in a manner consistent with the on-site open space,
this parcel is estimated to provide 1.5 acres of creation/substantial restoration credit, with the
remaining 8.7 acres of land credited as preservation (as shown in EIR Figure 5.4-12).
Conservation of this entire parcel and retirement of development potential would expand the
HMP Preserve by 2.5 acres.
Viadana/Pavoreal HOA
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These two Homeowner’s Association-owned HMP Preserve open space areas total 20.7 acres
(as shown in EIR Figure 5.4-13) but are not under formal HMP Preserve management because
their dedication pre-dates the HMP and no long-term management funding has been
established. The property may be eligible for mitigation credit if the Applicant establishes an
adequate Preserve Management Plan and restores disturbed areas within the 20.7-acre
property. It is estimated that the properties support approximately 2.0 acres of disturbed areas
that could be credited towards the habitat creation/substantial restoration requirement, with
the remainder of the parcel being credited towards the habitat preservation requirement at a
0.5:1 ratio (i.e., 50% credit).
Carlsbad Oaks Conservation Bank
Approximately 24 acres of credit remain unallocated at the Carlsbad Oaks Conservation Bank.
The bank is located north of Palomar Airport Road and east of El Camino Real and thus outside
of the coastal zone, but does support a variety of habitat including southern maritime chaparral,
southern mixed chaparral, coastal sage scrub, and oak woodlands. Credits may be used to
satisfy the habitat preservation requirements, subject to agency approval.
Other Restoration in City-Owned HMP Preserve
Similar to habitat restoration proposed within the existing HMP Preserve at Veteran’s Park,
additional City-owned HMP Preserve lands may be identified to provide additional mitigation
credits towards the habitat creation/substantial restoration and/or habitat preservation
requirements. Such restoration would be subject to the requirements of BR-6.
Other Private Property Acquisition
Similar to purchase and conservation of the Reiter Parcel, additional private property(ies) may
be purchased and conserved consistent with the requirements of BR-6 and provide additional
mitigation credits towards the habitat creation/substantial restoration, habitat preservation,
and/or HMP Preserve requirements.
Prior to the issuance of a grading permit or clearing of any habitat, the project applicant shall
take the following actions to the satisfaction of the Planning Director in relation to the open
space lot which is being conserved for natural habitat in conformance with the City’s HMP:
a) Prior to recordation of the approved final tract map, the applicant shall record a
Conservation Easement, as defined by California Civil Code Section 815.1 or other
protective measure over all on-site and off-site mitigation land.
b) Provide proof that appropriate type and acreage of land or mitigation credits have been
purchased at an approved mitigation bank or other site for off-site mitigation.
c) Select a qualified conservation entity to manage the conserved land.
d) Prepare a Property Analysis Record (PAR) to estimate costs of in perpetuity
management and monitoring.
e) Provide a non-wasting endowment based on the PAR to sufficiently cover the costs of
in-perpetuity management and
f) Monitoring.
g) Prepare a Preserve Management Plan, pursuant to the guidelines set forth in Section
F(2) and Section F(3) of the Carlsbad HMP (November 2004) and the Guidelines for
Preserve Management (July 2009). In addition, given the recent fire on the property,
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a Post-Fire Habitat Recovery Stewardship Plan shall be prepared and implemented to
ensure the recovery of pre-existing native vegetation communities to the extent
feasible.
2.2.3 Special-Status Wildlife – Indirect Impacts
A. Significant Impact. Indirect impacts to special-status wildlife species could result from
adverse edge effects. During construction activities, edge effects may include dust which could
disrupt vegetation vitality in the short-term or construction related soil erosion and water runoff.
Indirect impacts from construction-related noise may occur to special-status wildlife if
construction occurs during the breeding season (February 15 through August 31 for most
species, and January 1 through September 15 for raptors). During the breeding season, there
is high potential for the special-status coastal California gnatcatcher to nest in nearby coastal
sage scrub, and for the yellow warbler to nest within the riparian habitat adjacent to the
proposed development. Additionally, there is moderate potential for special-status raptors (i.e.,
Cooper’s hawk and loggerhead shrike) to nest within the eucalyptus and oak trees adjacent to
the proposed development.
Long-term adverse impacts to wildlife include predation by urban pest species (e.g., American
crows (Corvus brachyrhyncos), raccoons, striped skunks), lighting and noise, and human
presence. These long-term indirect impacts are considered potentially significant.
B. Facts in Support of Finding (1). The project’s potential impact associated with special-status
wildlife would be mitigated to a level less than significant with the implementation of Mitigation
Measures BR-1, BR-2, BR-3, BR-4, B-7, and B-8.
C. Mitigation Measures
Mitigation Measure BR-1 (as listed above)
Mitigation measure BR-2 (as listed above)
Mitigation Measure BR-3 (as listed above)
Mitigation Measure BR-4 (as listed above)
Mitigation Measure BR-7
Prior to issuance of a grading permit, the applicant shall incorporate the following measure into
the grading plans, final project design, and landscaping plans:
Lighting in or adjacent to the preserve will not be used, except where essential for
roadway, facility use, and safety. If nighttime construction lights are necessary, all
lighting adjacent to natural habitat will be shielded and/or directed away from habitat.
Mitigation Measure BR-8
Prior to issuance of a grading permit, the following item will be provided to and approved by
the City and/or the Preserve Steward:
Plans for lighting that might directly or indirectly impact sensitive habitats or species;
the plans will document compliance with Adjacency Standards, if applicable (HMP P.
F-16).
2.2.4 Sensitive Natural Community – Direct Impacts
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A. Significant Impact. Temporary impacts to special-status vegetation communities include 0.6
acre of southern maritime chaparral, and 0.2 acre of coyote brush scrub. These impacts are
associated with both the residential and Poinsettia Lane portions of the project. These
temporary direct impacts to special-status vegetation communities are considered significant
impacts.
Direct permanent impacts associated with the project include residential development and
expansion of Poinsettia Lane. These impacts include permanent impacts to 6.3 acres of
southern maritime chaparral and disturbed southern maritime chaparral. These permanent
direct impacts to special-status vegetation communities are considered significant impacts.
B. Facts in Support of Finding (1). The project’s potential impact associated with special-status
wildlife would be mitigated to a level less than significant with the implementation of Mitigation
Measures BR-5 and BR-6.
C. Mitigation Measures
Mitigation Measure BR-5 (as listed above)
Mitigation Measure BR-6 (as listed above)
2.2.5 Sensitive Natural Community – Indirect Impacts
A. Significant Impact. Indirect impacts to special-status upland vegetation communities could
result primarily from adverse edge effects. During construction activities, edge effects may
include dust which could disrupt plant vitality in the short-term or construction related soil
erosion and water runoff.
Potential long-term indirect impacts on vegetation could include trampling by humans traveling
off trail, invasion by exotic plants and animals, exposure to urban pollutants (fertilizers,
pesticides, herbicides, and other hazardous materials), increase or decrease in natural fire
regime, soil erosion, and hydrologic changes (e.g., surface and groundwater level and quality).
B. Facts in Support of Finding (1). The project’s potential impact associated with special-status
wildlife would be mitigated to a level less than significant with the implementation of Mitigation
Measures BR-1 and BR-2.
C. Mitigation Measures
Mitigation Measure BR-1 (as listed above)
Mitigation Measure BR-2 (as listed above)
2.2.6 Jurisdictional Waters
A. Significant Impact. Areas downstream of the project site may be subject to erosion,
sedimentation, and pollution during and following project construction. These indirect impacts
are considered potentially significant.
B. Facts in Support of Finding (1). The project’s potential impact associated with special-status
wildlife would be mitigated to a level less than significant with the implementation of Mitigation
Measures BR-1 and BR-2.
C. Mitigation Measures
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Mitigation Measure BR-1 (as listed above)
Mitigation Measure BR-2 (as listed above)
2.2.7 Wildlife Corridors
A. Significant Impact. The local habitat linkage/wildlife corridor in the eastern portion of the
project site would be subject so edge effects. The constrained corridor in this area would be
indirectly impacted both in the short- and long-term.
B. Facts in Support of Finding (1). The project’s potential impact associated with special-status
wildlife would be mitigated to a level less than significant with the implementation of Mitigation
Measures BR-1 and BR-2.
C. Mitigation Measures
Mitigation Measure BR-1 (as listed above)
Mitigation Measure BR-2 (as listed above)
2.3 Cultural Resources
2.3.1 Archaeological Resources
A. Significant Impact. The presence of previously recorded archaeological resources in the
area suggests a potential for the occurrence of previously undiscovered archaeological
resources on the project site.
B. Facts in Support of Finding (1). The project’s potential impact associated with previously
undiscovered archaeological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure CR-1.
C. Mitigation Measure
Mitigation Measure CR-1
The following shall be implemented to minimize impacts to subsurface tribal cultural resources:
Prior to the commencement of ground disturbing activities, the project developer shall
enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseño tribe. This agreement will contain provisions to address the
proper treatment of any tribal cultural resources and/or Luiseño Native American
human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseño Native American monitors
and the archaeologist. A copy of said agreement shall be provided to the City of
Carlsbad prior to the issuance of a grading permit.
A Luiseño Native American monitor shall be present during all ground disturbing
activities that may impact native soils. Ground disturbing activities may include, but are
not limited to, archaeological studies, geotechnical investigations, clearing, grubbing,
trenching, excavation, preparation for utilities and other infrastructure, and grading
activities.
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Any and all uncovered artifacts of Luiseño Native American cultural importance shall
be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely
Descendant, if applicable, and not be curated.
The Luiseño Native American monitor shall be present at the project’s preconstruction
meeting to consult with grading and excavation contractors concerning excavation
schedules and safety issues, as well as consult with the principal archaeologist
concerning the proposed archaeologist techniques and/or strategies for the project.
Luiseño Native American monitors and archaeological monitors shall have joint
authority to temporarily divert and/or halt construction activities. If tribal cultural
resources are discovered during construction, all earth moving activity within and
around the immediate discovery area must be diverted until the Luiseño Native
American monitor and the archaeologist can assess the nature and significance of the
find.
If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are
discovered during ground disturbing activities for this project, the San Luis Rey Band
of Mission Indians shall be notified and consulted regarding the respectful and dignified
treatment of those resources. Pursuant to California Public Resources Code Section
21083.2(b) avoidance is the preferred method of preservation for archaeological and
tribal cultural resources. If however, the Applicant is able to demonstrate that
avoidance of a significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis
Rey Band of Mission Indians shall be consulted regarding the drafting and finalization
of any such recovery plan.
When tribal cultural resources are discovered during the project, if the archaeologist
collects such resources, a Luiseño Native American monitor must be present during
any testing or cataloging of those resources. All collections made by archaeologists
will be collected and treated following the guidelines and regulations set forth under 36
CFR 79, Federal regulations for collection of cultural materials. If the archaeologist
does not collect the tribal cultural resources that are unearthed during the ground
disturbing activities, the Luiseño Native American monitor, may in their discretion,
collect said resources and provide them to the San Luis Rey band of Mission Indians
for dignified and respectful treatment in accordance with their cultural and spiritual
traditions.
If suspected Native American human remains are encountered, California Health and
Safety Code Section 7050.5 states that no further disturbance shall occur until the San
Diego County Coroner has made the necessary findings as to origin. Further, pursuant
to California Public Resources Code Section 5097.98(b) remains shall be left in place
and free from disturbance until a final decision as to the treatment and disposition has
been made. Suspected Native American remains shall be examined in the field and
kept in a secure location at the site. A Luiseño Native American monitor shall be
present during the examination 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
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hours, and engage in consultation concerning treatment of remains as provided in
Public Resources Code 5097.98.
In the event that fill material is imported into the project area, the fill shall be clean of
tribal 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 material shall be analyzed and
confirmed by an archaeologist and Luiseño Native American monitor that such fill
material does not contain tribal cultural resources.
No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural
resources without the written permission of the San Luis Rey Band of Mission Indians.
Prior to the release of the grading bond, a monitoring report and/or evaluation report,
if appropriate, which describes the results, analysis and conclusions of the monitoring
program shall be submitted by the archaeologist, along with the Luiseño Native
American monitor’s notes and comments, to the City of Carlsbad for approval. Said
report shall be subject to confidentiality as an exception to the Public Records Act and
will not be available for public distribution.
2.3.2 Paleontological Resources
A. Significant Impact. Implementation of the proposed project would result in a potentially
significant paleontological resource impact in association with grading/excavation in previously
undisturbed areas of the Santiago Formation, which has a high sensitivity for paleontological
resources. The development of the proposed project may directly or indirectly negatively
impact or destroy a yet unidentified paleontological resource without proper mitigation.
B. Facts in Support of Finding (1). The project’s potential impact associated with
paleontological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measures CR-2 through CR-7.
C. Mitigation Measures
Mitigation Measure CR-2
A qualified paleontologist shall monitor all grading that includes initial cutting into any area of
the project site as the project site sits on paleontologically sensitive Santiago Formation
deposit. If any paleontological resources are identified during these activities, the
paleontologist shall temporarily divert construction until the significance of the resources is
ascertained.
Mitigation Measure CR-3
Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil
plant or animal remains are found with no associated evidence of human activity or any
archaeological context.
Mitigation Measure CR-4
Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid
construction delays, and to remove samples of sediments which are likely to contain the
remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to
temporarily halt or divert equipment to allow removal of abundant or large specimens.
Monitoring may be reduced if the potentially fossiliferous units described above are not present
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or if the fossiliferous units present are determined by a qualified paleontological monitor to
have low potential to contain fossil resources.
Mitigation Measure CR-5
All recovered specimens shall be prepared to a point of identification and permanent
preservation, including washing of sediments to recover small invertebrates and vertebrates.
Mitigation Measure CR-6
Specimens shall be identified and curated into an established, accredited, professional
museum repository with permanent retrievable storage. The paleontologist shall have a
written repository agreement in hand prior to the initiation of mitigation activities.
Mitigation Measure CR-7
A report shall be completed describing the methods and results of the paleontological
monitoring and data recovery program.
2.3.3 Human Remains
A. Significant Impact. Implementation of the proposed project could inadvertently impact
undiscovered human remains during excavation and grading activities.
B. Facts in Support of Finding (1). The project’s potential impact associated with the
disturbance of human remains would be mitigated to a level less than significant with the
implementation of Mitigation Measure CR-8.
C. Mitigation Measure
Mitigation Measure CR-8
If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5.
a) The discovery location will be protected and secured from further disturbance.
b) The Archaeological Project Manager will contact the San Diego County Medical
Examiner.
c) If the remains are determined by the Medical Examiner or an authorized representative
to be Native American, the Medical Examiner will contact the NAHC.
d) The NAHC will designate and contact the Most Likely Descendant (MLD).
e) The property owner will provide the MLD with access to the discovery location, which
will have been protected from damage.
f) The MLD will make a recommendation for treatment of the remains within 48 hours.
The descendants’ preferences for treatment may include the following:
i) The nondestructive removal and analysis of human remains and items
associated with Native American human remains.
ii) Preservation of Native American human remains and associated items in
place.
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iii) Relinquishment of Native American human remains and associated items to
the descendants for treatment.
iv) Other culturally appropriate treatment.
g) If the MLD does not make a recommendation within 48 hours, or if the
recommendations are not acceptable to the property owner following extended
discussions and mediation, the property owner will reinter the remains and burial items
with appropriate dignity on the property, in a location not subject to further subsurface
disturbance. The location of reinterment will be protected by at least one of the three
following measures:
i) Record the location with the NAHC or the SCIC.
ii) Utilize an open space or conservation zoning designation or easement.
iii) Record a document with San Diego County.
h) If multiple human remains are found, extended discussions will be held with the MLD.
If agreement on the treatment of these remains is not reached, they will be reinterred
in compliance with PRC 5097.98(e).
If Native American remains are discovered during ground disturbance and are positively identified as
such by a representative of the County Medical Examiner, they will be kept in situ, or in a secure
location in close proximity to where they were found, and any analysis of the remains will occur only
on-site in the presence of a Luiseño Native American monitor.
2.4 Geology and Soils
2.4.1 Seismic Hazards
A. Significant Impact. Shallow groundwater was encountered within the loose alluvial soils
along the eastern edge of the northern development area. According to the geotechnical
investigation report, the potential exists for liquefaction of the alluvium due to the design basis
earthquake. There is also a potential for landslide and slope instability to occur on the project
site. The project site is located in an area where landslides are relatively common. Slope
stability analyses conducted on the project site indicate that the presence of highly fissured
claystone beds within the Santiago Formation creates the potential for future slope instabilities.
B. Facts in Support of Finding (1). The project’s potential impacts associated with liquefaction
and landslides would be mitigated to a level less than significant with the implementation of
Mitigation Measure GEO-1.
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City of Carlsbad, California January 2017 | 22
C. Mitigation Measure
Mitigation Measure GEO-1
Prior to approval of final engineering and grading plans for the project, the City shall verify that
all recommendations contained in the Report of Geotechnical Investigation for the Poinsettia
61 Development prepared by Group Delta Consultants, Inc. (November 20, 2014) have been
incorporated into all final engineering and grading plans. The City’s soil engineer and
engineering geologist shall review grading plans prior to finalization, to verify plan compliance
with the recommendations of the report. All future grading and construction of the project site
shall comply with the geotechnical recommendations contained in the geotechnical report. The
report identifies specific measures for mitigating geotechnical conditions on the project site,
and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth
retaining walls.
2.4.2 Unstable Geologic Unit or Soil
A. Significant Impact. The project site is covered in young alluvial deposits and undocumented
fill soils. These soils are compressible and susceptible to liquefaction. In addition, slope
stability analyses conducted on the project site indicate that the presence of highly fissured
claystone beds within the Santiago Formation creates the potential for future slope instabilities.
Without mitigation, the presence of these materials may have the potential to produce
potentially significant impacts concerning unstable geologic units or soils.
B. Facts in Support of Finding (1). The project’s potential impact associated with an unstable
geologic unit or soil would be mitigated to a level less than significant with the implementation
of Mitigation Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.4.3 Expansive Soils
A. Significant Impact. According to the geotechnical report prepared for the project, highly
expansive clays exist at the project site, within relatively thin claystone beds in the Santiago
Formation. Heave may occur if the expansive soils are placed or left within pavement,
foundation, or slab subgrade.
B. Facts in Support of Finding (1). The project’s potential impact associated with expansive
soils would be mitigated to a level less than significant with the implementation of Mitigation
Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.5 Hydrology and Water Quality
2.5.1 Violation of Water Quality Standards – Construction
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City of Carlsbad, California January 2017 | 23
A. Significant Impact. Implementation of the proposed project includes short-term construction
activities including grading and excavation. These activities could result in potential
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.
C. Mitigation Measure
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.
2.5.2 Violation of Water Quality Standards – Long-term Operations
A. Significant Impact. Once constructed, the proposed residential uses 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.
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City of Carlsbad, California January 2017 | 24
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.
C. Mitigation Measure
Mitigation Measure WQ-2
Prior to the issuance of grading permits or other approvals for any public or private right-of-
way improvements or site development plans, the developer shall prepare and submit for
review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans
that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad
BMP Design Manual. 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.
2.6 Land Use and Planning
2.6.1 Plan Consistency
A. Significant Impact. The project site is located within the Airport Overflight Notification Area
and Review Areas 1 and 2 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 an overflight notification area would be mitigated to a level less than
significant with the implementation of Mitigation Measure LU-1.
C. Mitigation Measure
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:
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
Poinsettia 61 Project Final EIR Findings of Fact
City of Carlsbad, California January 2017 | 25
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 building permits, the City of Carlsbad Planning Division shall be responsible for
verification of implementation of this measure through the recordation of a Notice.
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: Mineral Resources and Recreation.
Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Section 5.1), Air Quality
(Section 5.2), Greenhouse Gas Emissions (Section 5.7), Hazards and Hazardous Materials (Section
5.8), Noise (Section 5.11), Population/Housing (Section 5.12), Public Services (Section 5.13),
Transportation (Section 5.14), Utilities and Service Systems (Section 5.15) 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/No Development Alternative; (2) Poinsettia
Lane Only Alternative; and (3) Reduced Site Alternative.
4.1 No Project/No Development Alternative
This alternative assumes that the project site would remain undeveloped and vacant. This alternative
also assumes that Poinsettia Lane (Reach E) would not be constructed.
Under this alternative, agricultural resources, biological resources, cultural resources, geology and
soils, hydrology and water quality, and land use and planning impacts associated with the project
would be avoided. This alternative would not result in impacts to the remaining issue areas. However,
this alternative is rejected as it would not meet any of the basic objectives of the proposed project.
Specifically, this alternative would not meet these project objectives:
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 21 Local Facilities Management Plan, as adopted by the concurrent application.
Construct Poinsettia Lane Reach “E” to complete this General Plan Mobility Element Roadway.
Add to the City’s inventory of housing by providing for-sale market housing opportunities.
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City of Carlsbad, California January 2017 | 26
Development and retention of open space and wildlife habitat through the preservation and
enhancement of sensitive flora and fauna consistent with the City’s HMP.
Therefore, the No Project/No Development Alternative is not recommended for approval.
4.2 Poinsettia Lane Only Alternative
Under this alternative, no residential development would occur on the project site. The only
development that would occur is the extension of Poinsettia Lane (Reach E).
This alternative avoids the land use impact associated with intermittent airport overflights. Under this
alternative, impacts to agricultural resources, biological resources, cultural resources, geology and
soils, and hydrology and water quality would be reduced. This alternative would result in similar
impacts to the remaining issue areas when compared to the proposed project. However, this
alternative is rejected as it would not meet the project objective of adding to the City’s inventory of
housing by providing both for-sale market and for-sale affordable housing opportunities. Specifically,
this alternative would not meet these project objectives:
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 21 Local Facilities Management Plan, as adopted by the concurrent application.
Add to the City’s inventory of housing by providing for-sale market housing opportunities.
Development and retention of open space and wildlife habitat through the preservation and
enhancement of sensitive flora and fauna consistent with the City’s HMP.
Therefore, the Poinsettia Lane Only Alternative is not recommended for approval.
4.3 Reduced Site Alternative
Under the Reduced Site Alternative, the number of residential units would be reduced from 123 units
to 62 units. The residential development would occur only in the northwestern portion of the project
site. This alternative would eliminate the development of 61 dwelling units on the northeastern portion
of the project site. Similar to the proposed project, this alternative also proposes the completion of
Poinsettia Lane (Reach E).
Under this alternative, impacts to agricultural resources, biological resources, cultural resources,
geology and soils, and hydrology and water quality would be reduced. This alternative would result in
similar impacts to the remaining issue areas when compared to the proposed project. This alternative
would meet all of the objectives of the project; however, it is not recommended for approval because
it would provide 50% less housing opportunities as compared to the proposed project, including 50%
less affordable housing, thereby decreasing the City’s ability to increase its inventory of housing by
providing less for-sale market housing opportunities. Therefore, the Reduced Site Alternative is not
recommended for approval.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-2 Table 0.3-1. Poinsettia 61 Project (EIR 15-03) Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateAgricultural Resources AG-1 Prior to issuance of a grading permit, the project applicant shall purchase 15.71 acres of in-lieu fee mitigation credits for impacts to non-special-status communities and land cover types. This acreage is based on impacts to land identified as “Unique Farmland” on the Constraints Map approved by the City of Carlsbad, minus 2.7 acres already paid for pursuant to HMP Permit 10-02 (Poinsettia Place). PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the project applicant shall purchase 15.71 acres of in-lieu mitigation credits for impacts to non-special-status communities and land cover types. Biological Resources BR-1 Prior to issuance of a grading permit, the applicant shall incorporate the following measures into the grading plans, final project design, and landscaping plans: A qualified biologist shall conduct a training session for all project personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the HMP, the need to adhere to the provisions of the Act and the HMP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the target species of concern as they relate to the project, access routes, and project site boundaries within which the project activities must be accomplished. The footprint of disturbance shall be specified in the construction plans. Construction limits will be delineated with orange fencing, and in areas potentially subject to project related runoff, silt fencing will be used to PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the project applicant shall incorporate the measures listed in Mitigation Measure BR-1 into the grading plans, final project design, and landscaping plans for approval by the City, California Coastal Commission and the resource agencies (USFWS and CDFW). EXHIBIT B
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-3 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatedelineate the impact footprint. All fencing will be maintained until the completion of all construction activities, at which time all fencing will be removed. All construction personnel and associates shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the approved impact footprint, all work in the immediate vicinity shall cease until the disturbance limit breach has been addressed to the satisfaction of the City and resource agencies. The upstream and downstream limits of project disturbance plus lateral limits of disturbance on either side of the riparian vegetation on site shall be clearly defined, marked in the field, and reviewed by the project biologist prior to initiation of work. Projects should be designed to avoid the placement of equipment and personnel within the riparian vegetation or on adjacent upland habitats used by target species of concern. A water pollution and erosion control plan shall be developed that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures will be implemented in the event erosion control strategies are inadequate. Sediment/erosion control
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-4 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatemeasures will be continued at the project site until such time as the revegetation efforts are successful at soil stabilization. The qualified project biologist shall review grading plans (e.g., all access routes and staging areas), and monitor construction activities throughout the duration of grading/ground disturbance associated with the project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. Construction monitoring reports shall be completed and provided to the City summarizing how the project is in compliance with applicable conditions. The project biologist should be empowered to halt work activity if necessary and to confer with City staff to ensure the proper implementation of species and habitat protection measures. Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a minimum ratio of 5:1. Access to and from the site will be located along existing access routes or disturbed areas to the greatest extent possible. All access routes outside of existing roads or construction areas will be clearly marked. Construction employees will limit their activities, vehicles, equipment, and construction materials to the fenced project footprint.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-5 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDate Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet from waters of the United States. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from re-entering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. Construction through sensitive areas shall be scheduled to minimize potential impacts to biological resources. Construction adjacent to drainages should occur during periods of minimum
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-6 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateflow (i.e., summer through the first significant rain of fall) to avoid excessive sedimentation and erosion and to avoid impacts to drainage-dependent species. Construction near riparian areas or other sensitive habitats should also be scheduled to avoid the breeding season (January 1 through September 15) and potential impacts to breeding bird species. Fugitive dust will be avoided and minimized through watering and other appropriate measures. If dead or damaged listed species are located, initial notification must be made within three working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California, and by telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the USFWS, and CDFW. Exotic species that prey upon or displace target species of concern shall be permanently removed from the site. To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s). Pets of project personnel shall not be allowed on site where they may come into contact with any listed species. The City of Carlsbad has the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these BMP. The USFWS and CDFW may accompany City representatives on this inspection.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-7 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateBR-2 Prior to issuance of a grading permit, the following items will be provided to and approved by the City and/or the Preserve Steward: Plans for fencing, drainage, restoration and other activities that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). Plans for landscaping adjacent to natural habitat will include the following stipulations: (1) no invasive exotic plant species (Lists A and B of the Cal-IPC exotics list) will be used in landscaping; (2) no plants that require excessive irrigation, fertilizers, or pesticides will be used in landscaping; and (3) irrigation of landscaping within 200 feet of a hardline boundary will be controlled to prevent runoff into the preserve. Fencing plans will describe the type and location of fencing, including (a) permanent fencing along any urban/wildlands interface to deter unauthorized access (if deemed necessary by the City), (b) permanent fencing to direct animals toward wildlife undercrossings and away from traffic, and (c) temporary fencing to delineate the construction footprint, impact zones within the footprint, protected areas, and no-construction buffer zones. PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the project applicant shall submit the following items to the City and/or the Preserve Steward for approval: plans for fencing, drainage, restoration and other activities that might directly or indirectly impact sensitive habitats or species. BR-3 If construction occurs during the bird breeding season (January 1 – September 15), a qualified biologist shall conduct pre-construction surveys for active migratory bird nests including raptor nests. The survey shall begin not more than three days prior to the beginning of grading activities. The USFWS will be notified at least seven days before clearing and PC City of Carlsbad Planning Division Prior to construction If construction occurs during the bird breeding season (February 15– September 15), a qualified biologist shall conduct pre-construction surveys for active migratory bird nests including raptor nests. The biologist will immediately report to USFWS the number and location of
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-8 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDategrubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. any federally listed birds disturbed by clearing and grubbing. BR-4 A qualified biologist will conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction. Surveys will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell’s vireo) and within an additional 500- foot survey buffer within 3 days of construction. The USFWS will be notified immediately of any federally listed species that are located during preconstruction surveys. If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, such as noise barriers, screens, and/or noise attenuation blankets. PC City of Carlsbad Planning Division Prior to constructionPrior to construction, a qualified biologist will conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project area. Surveys will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell’s vireo) and within an additional 500- foot survey buffer within 3 days of construction. The on-site biologist shall provide a written report to the City Planning Division stating whether species were observed within 500 feet of proposed grading activities. BR-5 On-site restoration within potential temporary impact areas shall be based on preconstruction habitat conditions evaluated by a qualified biologist within three months of PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the project applicant shall submit a restoration plan) to be reviewed and approved by the City
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-9 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateimpact. Based on a current evaluation, restoration of temporary impacts are estimated to include coyote brush scrub (0.2 acre Poinsettia Lane) and southern maritime chaparral (0.4 acre Residential Development and 0.2 acre Poinsettia Lane). As with habitat creation and enhancement sites, the restoration of temporary impacts shall be evaluated and designed through preparation of a Restoration Plan, consistent with MHCP Volume II, Appendix C (Revegetation Guidelines), to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and CCC. An approved habitat restoration specialist will be designated and will determine the most appropriate method of restoration. Restoration techniques, as specified in the Restoration Plan, may include hydroseeding, hand-seeding, imprinting, and soil and plant salvage. The Habitat Restoration Plan shall also include criteria to measure success and describe how monitoring of revegetation efforts will be implemented. At the completion of project construction, all construction materials shall be removed from the site. Additionally, if deemed necessary, any topsoil located in areas to be restored would be conserved and stockpiled during the excavation process for use in the restoration process. Planner, in consultation with the USFWS, CDFW, and CCC. BR-6 Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to 6.3 acres of southern maritime chaparral. Mitigation is required in the form of habitat restoration as well as preservation. Habitat restoration must achieve no-net-loss per special-status vegetation community/habitat type (at least 1:1 restoration to impact ratio regardless of the total mitigation ratio). Habitat restoration (i.e., creation and substantial restoration) totaling 6.3 acres and habitat PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the project applicant shall submit mitigation plans for impacts to southern maritime chaparral to the City for approval. The project applicant shall submit a Restoration Plan to be reviewed and approved by the City, in consultation with the USFWS, CDFW, and the CCC.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-10 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatepreservation totaling 12.6 acres (or equivalent) shall be evaluated and designed through preparation of a Restoration Plan to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and the CCC. The Restoration Plan shall also demonstrate a minimum 5.1-acre addition in the HMP Preserve area (which may co-occur with habitat restoration areas). Additions of greater than 5.1 acres of HMP Preserve may be credited towards the habitat preservation requirement. The project applicant will submit final habitat restoration plans to the City and/or Agencies for review at least 30 days prior to initiating project impacts. The Restoration Plan shall be prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines, pages C-1 to C-2), and Volume III; HMP pp. F-8 to F-11; and Open Space Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored for a minimum of 5 years to ensure establishment of intended plant communities. Due to the fact that the availability and acceptability of mitigation, including the type and amount of credit, may change between preparation of this EIR and final permit issuance for the proposed project (including review and approval by resource agencies), a number of mitigation options (presented in EIR Table 5.4-13) have been identified. Any combination of these mitigation options may ultimately be used to meet the mitigation requirements set forth in the Carlsbad HMP.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-11 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateOn-site Mitigation A Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) describes the following three categories of restoration/mitigation: Habitat establishment (i.e., creation) within existing disturbed lands. These areas are locations within the open space area that are currently composed of either disturbed habitat, agriculture land, ornamental areas, eucalyptus woodland, or ruderal land, which can be converted to native habitat through minor grading and the specified restoration efforts. Habitat restoration within existing habitat areas, that have low native cover either from previous disturbances, or insufficient natural re-establishment after the 2014 Poinsettia Fire. These areas are located within the open space area, not including areas within existing utility or road easements, where there was severe damage from the 2014 Poinsettia Fire and where minimal native vegetation re-establishment is occurring, and/or where previous site disturbances have reduced native cover, or has opened up the areas to non-native weed and exotic species invasion. Within these areas, restoration is possible through the removal of trash and debris, eradication of weeds and non-native/exotic species and through supplemental planting of native shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. Substantial restoration within previously disturbed habitat areas,
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-12 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatehomeless encampments, trash and debris areas, and previous trails to be abandoned. These areas are located within the open space area, not including areas within existing utility or road easements, where previous disturbance from homeless encampments and damage from significant trash and debris piles is expected to limit the re-establishment of native vegetation following the 2014 Poinsettia Fire. Current assessments are inconclusive regarding the degree to which these areas will passively re-establish with native habitat. Within these areas, substantial restoration is possible through the conversion of these areas to more pristine native habitat through the planting of native trees, shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. For purposes of the information shown in EIR Table 5.4-12 and as documented in the Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report), it is assumed the 100% creation credit is recognized for habitat establishment within existing disturbed lands; the percent creation/substantial restoration credit for habitat restoration within areas of low native cover is based on the actual area of bare ground/invasive species; and an additional 25% of the historically disturbed lands would qualify for creation/substantial restoration credit. The second and third categories may alternatively be recognized as preservation credit. Also, as documented in the Conceptual Restoration Plan, a portion of the onsite restoration plan
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-13 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateincludes southern maritime chaparral – live oak woodland and southern maritime chaparral – wetland transition areas, as appropriate areas on site. It is assumed that these areas be credited to the southern maritime chaparral 1:1 no-net loss restoration requirement on the basis that these communities integrate with southern maritime chaparral on-site and contribute to the overall ecological function of southern maritime chaparral. Off-site Kevane Parcels The Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) also includes proposed restoration of two off-site Kevane parcels (APNs 215-050-45 and -46) (as shown in EIR Figure 5.4-9), using the same restoration treatments and mitigation credits as discussed above for on-site open space. These two off-site parcels would also be eligible for southern maritime chaparral preservation credits, for any acreage not accounted for in the restoration plan or as mitigation for HMP Preserve acreage. The property would be incorporated into the on-site restoration program and conserved in a manner consistent with the on-site open space including the requirements stated above regarding an approved Restoration Plan. Veteran’s Park A total 3.1 acres of land may be added to the HMP Preserve at Veteran’s Park (as shown in EIR Figure 5.4-10). The exact location has not been identified at this time because the City is currently evaluating the site for park development. The site mostly supports coastal sage scrub and annually maintained nonnative grassland; disturbed areas within the final mitigation area would be restored with coastal sage scrub. There is some southern maritime chaparral in the vicinity but all of the open space directly adjacent to the mitigation area is
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-14 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateoccupied by coastal sage scrub. Given the coastal location of this habitat and the use of similar species that use southern maritime chaparral, this would be considered as mitigation for southern maritime chaparral impacts. For purposes of information shown in EIR Table 5.4-13, it is assumed that all 3.1 acres are currently disturbed and would be restored to coastal sage scrub and therefore recognized as creation/substantial restoration mitigation credit. This area would add 3.1 acres of the HMP Preserve, therefore counting towards the HMP Preserve (no-net-loss) requirement. An additional 3.1 acres of land at Veteran’s Park, within the existing HMP Preserve, is also suitable for habitat creation/substantial restoration. The majority of the area is currently annual grassland and suitable for coastal sage scrub creation along the western edge of the HMP Preserve. Additional pockets of disturbed land occur in the central and eastern portion of the HMP Preserve between areas of existing coastal sage scrub and southern maritime chaparral. These areas may be restored and credited towards the habitat creation or preservation requirements of the project. Aviara Community Park Aviara Community Park is located less than one mile northwest of the project and currently supports north-facing slopes and hillsides with southern maritime chaparral that is not within the HMP Preserve. As shown in EIR Figure 5.4-11, a 5.5-acre area has been identified to be added to the HMP Preserve (thus contributing to the HMP Preserve [no-net-loss] requirement). This area consists of 2.0 acres of highly disturbed southern maritime chaparral (less than 20% native cover) and 3.5 acres of existing southern maritime chaparral that is either undisturbed or has limited areas of disturbance (greater than 80% native cover).
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-15 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateAn additional 2.1 acres of manufactured slope with existing ornamental vegetation is suitable for restoration with coastal sage scrub species, would provide an enhanced buffer between the park and HMP Preserve, and therefore could be credited towards the preservation credit. This area would not be added to the HMP Preserve, as manufactured slopes are generally not included in the Preserve. Reiter Parcel A 10.2-acre parcel south of the Poinsettia project is currently undeveloped and mapped as a Standards Area. If conserved and restored in a manner consistent with the on-site open space, this parcel is estimated to provide 1.5 acres of creation/substantial restoration credit, with the remaining 8.7 acres of land credited as preservation (as shown in EIR Figure 5.4-12). Conservation of this entire parcel and retirement of development potential would expand the HMP Preserve by 2.5 acres. Viadana/Pavoreal HOA These two Homeowner’s Association-owned HMP Preserve open space areas total 20.7 acres (as shown in EIR Figure 5.4-13) but are not under formal HMP Preserve management because their dedication pre-dates the HMP and no long-term management funding has been established. The property may be eligible for mitigation credit if the Applicant establishes an adequate Preserve Management Plan and restores disturbed areas within the 20.7-acre property. It is estimated that the properties support approximately 2.0 acres of disturbed areas that could be credited towards the habitat creation/substantial restoration requirement, with the remainder of the parcel being credited towards the habitat preservation requirement at a 0.5:1 ratio (i.e., 50% credit). Carlsbad Oaks Conservation Bank Approximately 24 acres of credit remain unallocated at the Carlsbad Oaks Conservation
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-16 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateBank. The bank is located north of Palomar Airport Road and east of El Camino Real and thus outside of the coastal zone, but does support a variety of habitat including southern maritime chaparral, southern mixed chaparral, coastal sage scrub, and oak woodlands. Credits may be used to satisfy the habitat preservation requirements, subject to agency approval. Other Restoration in City-Owned HMP Preserve Similar to habitat restoration proposed within the existing HMP Preserve at Veteran’s Park, additional City-owned HMP Preserve lands may be identified to provide additional mitigation credits towards the habitat creation/substantial restoration and/or habitat preservation requirements. Such restoration would be subject to the requirements of BR-6. Other Private Property Acquisition Similar to purchase and conservation of the Reiter Parcel, additional private property(ies) may be purchased and conserved consistent with the requirements of BR-6 and provide additional mitigation credits towards the habitat creation/substantial restoration, habitat preservation, and/or HMP Preserve requirements. Prior to the issuance of a grading permit or clearing of any habitat, the project applicant shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot which is being conserved for natural habitat in conformance with the City’s HMP: a. Prior to recordation of the approved final tract map, the applicant shall record a Conservation Easement, as defined by California Civil Code Section 815.1 or other protective measure over all on-site and off-site mitigation land.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-17 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateb. Provide proof that appropriate type and acreage of land or mitigation credits have been purchased at an approved mitigation bank or other site for off-site mitigation. c. Select a qualified conservation entity to manage the conserved land. d. Prepare a Property Analysis Record (PAR) to estimate costs of in perpetuity management and monitoring. e. Provide a non-wasting endowment based on the PAR to sufficiently cover the costs of in-perpetuity management and Monitoring. f. Prepare a Preserve Management Plan, pursuant to the guidelines set forth in Section F(2) and Section F(3) of the Carlsbad HMP (November 2004) and the Guidelines for Preserve Management (July 2009). In addition, given the recent fire on the property, a Post-Fire Habitat Recovery Stewardship Plan shall be prepared and implemented to ensure the recovery of pre-existing native vegetation communities to the extent feasible. BR-7 Prior to issuance of a grading permit, the applicant shall incorporate the following measure into the grading plans, final project design, and landscaping plans: Lighting in or adjacent to the preserve will not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat will be shielded and/or directed away from habitat. PC City of Carlsbad Planning Division Prior to issuance of a grading permit Prior to issuance of grading permit, the project applicant shall incorporate the measure listed in Mitigation Measure BR-7 into the grading plans, final project design, and landscaping plans for approval by the City.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-18 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateBR-8 Prior to issuance of a grading permit, the following item will be provided to and approved by the City and/or the Preserve Steward: Plans for lighting that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). PC City of Carlsbad Planning Division Prior to issuance of grading permit Prior to issuance of grading permit, the project applicant shall submit lighting plans to the City and/or Preserve Steward for review and approval. Cultural Resources CR-1 The following shall be implemented to minimize impacts to subsurface tribal cultural resources: Prior to the commencement of ground disturbing activities, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseño tribe. This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. A copy of said agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. A Luiseño Native American monitor shall be present during all ground disturbing activities that may impact native soils. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, clearing, grubbing, PC City of Carlsbad Planning Division Prior to construction As a result of consultation with the San Luis Rey Band of Mission Indians, prior to the commencement of ground disturbing activities, the measures identified in Mitigation Measure CR-1 will be implemented. A copy of the Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseño tribe shall be provided to the City of Carlsbad prior to the issuance of a grading permit.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-19 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatetrenching, excavation, preparation for utilities and other infrastructure, and grading activities. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. The Luiseño Native American monitor shall be present at the project’s preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-20 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatearchaeological and tribal cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources. All collections made by archaeologists will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, Federal regulations for collection of cultural materials. If the archaeologist does not collect the tribal cultural resources that are unearthed during the ground disturbing activities, the Luiseño Native American monitor, may in their discretion, collect said resources and provide them to the San Luis Rey band of Mission Indians for dignified and respectful treatment in accordance with their cultural and spiritual traditions. 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
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-21 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatea final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the examination 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. In the event that fill material is imported into the project area, the fill shall be clean of tribal 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 material shall be analyzed and confirmed by an archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-22 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatewith the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. CR-2 A qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site as the project site sits on paleontologically sensitive Santiago Formation deposit. If any paleontological resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is ascertained. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full with Mitigation Measure CR-2 during construction of the project. Evidence of a contractor with a qualified paleontologist to carry out the monitoring shall be provided to the City Planning Division. During construction, a qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site. CR-3 Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. CR-4 Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-23 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDatelarge specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present or if the fossiliferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources. samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. CR-5 All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that all recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. CR-6 Specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. CR-7 A report shall be completed describing the methods and results of the paleontological monitoring and data recovery program. PC City of Carlsbad Planning Division During construction activities Post paleontological monitoring, a qualified paleontologist shall complete a report describing the methods and results of the monitoring and data recovery program. The Planning Division shall verify that the report has been submitted.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-24 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateCR-8 If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5. a) The discovery location will be protected and secured from further disturbance. b) The Archaeological Project Manager will contact the San Diego County Medical Examiner. c) If the remains are determined by the Medical Examiner or an authorized representative to be Native American, the Medical Examiner will contact the NAHC. d) The NAHC will designate and contact the Most Likely Descendant (MLD). e) The property owner will provide the MLD with access to the discovery location, which will have been protected from damage. f) The MLD will make a recommendation for treatment of the remains within 48 hours. The descendants’ preferences for treatment may include the following: i) The nondestructive removal and analysis of human remains and items associated with Native American human remains. ii) Preservation of Native American human remains and associated items in place. iii) Relinquishment of Native American human remains and associated items to the descendants for treatment. PC City of Carlsbad Planning Division During construction activities If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-25 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateiv) Other culturally appropriate treatment. g) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the property owner following extended discussions and mediation, the property owner will reinter the remains and burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment will be protected by at least one of the three following measures: i) Record the location with the NAHC or the SCIC. ii) Utilize an open space or conservation zoning designation or easement. iii) Record a document with San Diego County. h) If multiple human remains are found, extended discussions will be held with the MLD. If agreement on the treatment of these remains is not reached, they will be reinterred in compliance with PRC 5097.98(e). i) If Native American remains are discovered during ground disturbance and are positively identified as such by a representative of the County Medical Examiner, they will be kept in situ, or in a secure location in close proximity to where they were found, and any analysis of the remains will occur only on-site in the presence of a Luiseño Native American monitor.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-26 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateGeology/Soils GEO-1 Prior to approval of final engineering and grading plans for the project, the City shall verify that all recommendations contained in the Report of Geotechnical Investigation for the Poinsettia 61 Development prepared by Group Delta Consultants, Inc. (November 20, 2014) have been incorporated into all final engineering and grading plans. The City’s soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. The report identifies specific measures for mitigating geotechnical conditions on the project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth retaining walls. City Standard Conditions of Approval In addition to Mitigation Measure GEO-1 identified above, the project will be required to comply with the following city standard Conditions of Approval: The proposed project shall comply with the City’s Excavation and Grading Ordinance (§15.16, Carlsbad Municipal Code). Grading information shall be submitted for review by the City with each subdivision map. Grading shall comply with grading standards and manufactured slope revegetation requirements of the City. All applicable federal, state, and local permits regarding drainage shall be obtained. Such permits include the National Pollution Discharge Elimination System (NPDES) permit from the Regional Water Quality Control Board. PD & PC City of Carlsbad Engineering Division Prior to issuance of a grading permit Prior to issuance of a grading permit, the City’s soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. In addition, the City’s Engineering Division shall verify that the project complies with the City Standard Conditions of Approvals, as listed in Mitigation Measure GEO-1.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-27 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDate Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City’s grading and erosion control requirements (Municipal Code §15.16. et seq.). The locations of all erosion control devices shall be noted on the grading plans. All grading permits issued authorizing grading during the rainy season (November 16 of any year to April 14 of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. All permanent slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City. All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. 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 PD & PC City of Carlsbad Engineering Division 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 project applicant shall prepare and submit for review
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-28 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateSWPPP 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. 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 BMP erosion control measures on a weekly basis. WQ-2 Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare PD & PC City of Carlsbad Engineering Division 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
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-29 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateand submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. 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. plans, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. 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 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. PD & PC City of Carlsbad Planning Division 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 defined by the ALCUP are notified as part of the real estate disclosure package that the project site is outside the 60dB(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.
Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad, California January 2017 | 0.3-30 Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks InitialDateThis measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of building permits, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice.