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HomeMy WebLinkAbout1997-10-28; City Council; 14400; APROVAL OF CEQA COMPLIANCE AND AN AMENDMENT NO. 1 TO AGREEMENT FOR DESGIN SERVICES FOR CANNON ROAD WEST PLANS WITH O'DAY CONSULTANTS INC. AND AUTHORIZING TRANSNET FUNDS, PROJECT NO. 3184* ,# 4 0 LIE rii !i 2 I- s 2 4 0 z 2 0 0 I AB# I q; 4 Oa MTG. / 8-28-y? " - DEPT. PW I cc: 0 ,- CI OF CARLSBAD - AGENDA B~LL ., I ("2 I TITLE: APPROVAL OF CEQA COMPLIANCE AND AN AMENDMENT NO. 1 TO DEPT. HD.( CITY Any. AGREEMENT FOR DESIGN SERVICES FOR CANNON ROAD WEST IMPROVEMENT PLANS, PROJECT SPECIFICATIONS AND COST ESTIMATES FOR CANNON ROAD WEST WITH O'DAY CONSULTANTS, INC., AND AUTHORIZING APPROPRIATION OF TRANSNET FUNDS, PROJECT NO. 3184 CITY MGR. - RECOMMENDED ACTION: Adopt Resolution No. 9 3 -6 $2 approving CEQA compliance and Amendment No. I agreement with O'Day Consultants, Inc., for the design of improvement plans, project specifi and cost estimates for Cannon Road West and authorizing appropriation of TransNet funds, No. 3184. 1 ITEM EXPLANATION: The City has entered into an agreement with O'Day Consultants, Inc., for the design of improi plans, specifications and cost estimates for Cannon Road West. O'Day Consultants, Inc. was st as the best qualified firm to perform the needed work from those firms that responded to the request for statement of qualifications. As the design, environmental studies and negotiatior resource agencies have proceeded, the need for an amendment expanding the scope of work pr under that contract surfaced. An amendment to include preparation of additional information to environmental permits, perform the mitigations required by those permits, provide informat required by the San Diego Gas and Electric Company to design utility and roadway crossir include a grading plan only design to accept fill material made available by the Carltas Compar developers of Carlsbad Ranch and to address items raised in the design process not included original scope is included in the amendment. Contracts with O'Day Consultants, Inc., and ' contractors were combined with the April 22, 1997 agreement to improve project coordination previously paid to these contractors are reflected in the Fiscal Impact section. O'Day Consultants, Inc., is currently performing the design work as required for the Cannon and design changes that have caused the change in scope and delayed completion of the design The O'Day Consultants, Inc., design services Scope of Work has been revised to include the foll new tasks (Task Vl-X) and the deletion of an original design task (Task 11): Deletion of Task 11: Design of Borrow site Lot 5 CT 94-09-1 Carlsbad Ranch plans, specificatior estimates. Addition of the following tasks: Task VI: Provide information and revise plans as required by the regulatory agencies. Task VII: Provide information and revise plans as required by San Diego Gas and E widening project in a timely and professional manner. There have been several unpredictable Company. Task VIII: Design of the Vertical Drain System plans, specifications and estimates for Hedionda Channel Bridge. Task IX: Design El Camino Real widening transitions and access roads and prepare rl plats, legals, plans, specifications and estimates. Task X: Design a grading and erosion control plan for Reach 1 from LEG0 Drive to S 65+00. .) 7 3 PAGE 2 OF AGENDA BILL !P 0. ) '1, LI 00 0 ENVIRONMENTAL: The project is the improvement plans, project specifications, and cost estimates for Cannot reaches I and 11. Although the plans and specifications will not have impacts to the environmc ultimate construction of Cannon Road reaches one and two has the potential of having enviror impacts. Those potential impacts have been reviewed consistent with CEQA. Cannon R identified in the General Plan as a circulation element roadway and as such was included in the EIR (MEIR 93-01) for the General Plan update. Reach one impacts were analyzed in the Cannol Reach I Environmental Impact Report (EIR 87-2) which was certified City Council Resolution 1 (EIR 83-04) which was approved by the City Council on November 15, 1983, and a Mitigated Nc Declaration issued by the Planning Director in September 1996. impacts to the environment id1 as significant within these documents can be mitigated to a level of less than significant. The mi. measures are described within mitigation monitoring and reporting programs. 212 Cannon Road Reach II impacts were analyzed in the Kelly Ranch Environmental Impact FISCAL IMPACT: The cost estimate for the project design tasks is as follows: The project is funded by CFD No. 1, TransNet and the Cannon Road West Fee Program. 1 Cannon Road project is currently ahead of schedule due to the ability to grade in advance of C project schedules, thus staff is recommending proceeding with portions of the project origin: budgeted in the 1998-99 fiscal year. Staff is, therefore, requesting authorization for the Finar Director to appropriate the 1998-99 Capital Improvement Program TransNet Highway 78 fur allocated for this project in the amount of $1,431,000. Authorization to request these funds early 1 been granted by the San Diego Association of Governments, which administers the disbursemt process. Total Appropriation to Date $345,494 ESTIMATED REMAINING BALANCE 6/30/98 $5,072,643 TOTAL ESTIMATED COSTS TO 6130198 $3,000,000 Additional Estimated Costs to 6/30/98 91,000 O'Day Consultant's Amendment 635,850 Contractual Obligations $1,345,793 Expenditures to Date $5,418,137 REVISED TOTAL APPROPRIATIONS TO DATE 1,431,000 Additional Appropriations Request $3,987,137 L 7 PAGE 3 OF AGENDA BILL cm, 0. 1 qi yoo 0 In addition to the $1,431,000 being requested in this agenda bill, another $6,244,000 is sched appropriation in future years. This will bring the total cost for the project to approximately $12 r" EXHIBITS: 1. Location Map. 2. Resolution No. 93 *65& approving CEQA compliance and Amendment No. 1 to Agrl for Design Services for Cost Estimates for Cannon Road West Improvement Plans, Specifications, and Cost Estimates with O'Day Consultants, Inc., and authorizing the F Director to appropriate $1,431,000 from the TransNet Highway 78 fund to the project. 3. Amendment No. I to Agreement for Design Services for Cost Estimates for Cannon Roa Improvement Plans, Project Specifications, and Cost Estimates with O'Day Consultants, In' 4. Mitigated Negative Declaration issued by the Planning Director, October 1997. , Nor ro SCALE ll 0 6 1 II RESOLUTION NO. 97-652 2 3 4 5 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL COMPLIANCE AND A MITIGATED NEGATIVE DECLARATION AhlENDMENT NO. 1 TO AGREEMENT WITH O’DAY CONSULTANTS, ING., FOR THE DESIGN OF TH€ IMPROVEMENT PLANS, PROJECT SPECIFICATIONS, AND COST ESTIMATES FOR CANNON ROAD WEST, AND AUTHORIZING APPROPRIATION OF TRANSNET FUNDS, PROJECT NO. 3184. WHEREAS, The City Council has found that this project was described in the h 8 10 unmitigable effect, not analyzed therein; AND that therefore this project is within the scope c 9 93-01, EIR 87-02, and EIR 83-04 as within their scopes; AND there will be no signif prior EIRs; and 11 WHEREAS, The City Council of the City of Carlsbad has reviewed, analyzed 12 Reporting Program, on file in the Planning Department, prior to APPROVING the project; anc l4 identified for this project and said comments thereon, and the Mitigation Monitoring l3 considered the Mitigated Negative Declaration EIA 96-02, the environmental impacts thc 15 WHEREAS, based on the EIA Part II and comments thereon, the City Council finds le l7 there is no substantial evidence the project will have a significant effect on the environment l9 EIR 87-02, EIR 83-04 and the Mitigated Negative Declaration EIA 96-02 and hereby APPRC la the implementation of the mitigation measures identified and described in , MEIR 9: the Mitigated Negative Declaration EIA 96-02; and 20 WHEREAS, The Ci Council does hereby find that the Mitigated Negative Oeclar. 21 with requirements of the California Environmental Quality Act, the State Guidelines anc 22 EIA 96-02 and Mitigation Monitoring and Reporting Program have been prepared in accord; 23 Environmental Protection Procedures of the City of Carlsbad; and 24 WHEREAS, The City Council finds that the Mitigated Negative Declaration EIA E 25 reflects the independent judgment of the City Council of the City of Carlsbad; and 26 WHEREAS, TransNet funds are available for the Cannon Road West project; and 27 28 to provide these necessary services to the City; and WHEREAS, staff has previously solicited proposals from qualified civil engineering ‘ e 0 1 WHEREAS, through a consultant selection process, O’Day Consultants, Inc., v 2 selected as the most qualified civil engineering firm; and 3 WHEmS, it is in the best interest of the City to approve the amendment to the exisl 4 WHEREAS, a mutually satisfactory fee for the services has been negotiated; and 5 contract; and 6 WHEREAS, Amendment No. 1 to the consultant agreement with O’Day Engineering, I 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsl 8 has been prepared and submitted hereto. 9 California, as follows: 10 2. That the Finance Director is authorized to appropriate $1,431,000 of Trans 11 1. That the above recitations are true and correct. 12 Highway 78 funds to the project. 13 3. That Amendment No. 1 to the consultant agreement between the City of Carlsbad 14 ODay Consultants, Inc., is hereby approved and the Mayor is authorized and directed to exe( 15 16 17 18 19 20 21 22 23 24 25 26 27 28 said amendment. Ill Ill Ill Ill 111 Ill Ill Ill ill Ill Ill Ill * e e 1 4. That the City Clerk is directed to provide a copy of the executed amendment tc 2 Engineering Department. 3 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Cc 5 held on the 28th day of October , 1997 by the following vote, to wit: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: P L - 4. 62- ALETHA L. RAUTENKMNZ, City Clerk (SEAL) 0 0 AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN SERVICES FOR CANNON ROAD WEST IMPROVEMENT PLANS, PROJECT SPECIFICATIONS AND COST ESTIMATES WITH O’DAY CONSULTANTS, INC. This Amendment is entered into and effective as of the 4th day of NQV’EMBER , 1997, amending the agreement dated April 22,1997 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as ‘‘City”, and O’Day Consultants, Inc., hereinafter referred to as, “Contractor” for Design services for preparation of improvement plans, project specifications and cost estimates for Cannon Road West. RECITALS WHEREAS, the initial agreement, dated April 22, 1997 identified a scope of work to perform the following tasks: Task I: Design Cannon Road West Task II: Design Lot 5 CT 94-09-1 Borrow Site Task Ill: Design Borrow Site Village “I” Kelly Ranch Task IV: 1 :1 Wetland Mitigation Area Task V: Design Vertical Drains WHEREAS, the parties to this aforementioned agreement desire to alter the scope of work as follows: Delete Task II: Delete task 2 to design lot 5 CT 94-09-1 Borrow site; Add Task VI: Provide information and revise plans as required by the regulatory agencies; Add Task VII: Provide construction staking, field survey information, pot holing and other ancillary services as required by San Diego Gas and Electric Company in excess of those defined in the scope of work: 1 9/11 /96 1 e 0 Add Task VIII: Design a Vertical Drain System for Agua Hedionda Channel Bridge and a Geotechnical Report Summary for Cannon Road West Reaches 1 and 2; Add Task IX: Design El Camino Real widening transitions and access road, plats, legals, plans, specifications, and estimates: and Add Task X: Design a grading and erosion control plan for Reach 1 from its easterly terminus at LEG0 Drive to the westerly terminus for Macario Canyon Bridge (Station 65+00). WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties hereto, and as shown on Exhibit 'ID" Scope of Services and Exhibit "B" Fee; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. Contractor shall provide services as outlined on the attached Exhibit "0'. 2. City shall pay Contractor for all work associated with Paragraph 1 above, as described in Exhibit "B" not-to-exceed $90,521. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City for Task VI and VI1 and lump sum based on percentage completion of task for Task VIII, IX and X. 3. All other provisions of the aforementioned agreement entered into on April 22, 1997, by and between City and Contractor shall remain in full force and effect. 2 911 1 I96 i *. 0 0 4. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work, Acknowledged and Accepted: CONTRACTOR: O’DAY CONSULTANTS, INC. By: G/qm Patrick N. O’Day/President - (print namehitle) November 7, 1997 DATE (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney n BY -&pA+42ity Attorney qw?F 3 9/11/96 __ / ~LIFORNIA _,x_ . -,.- 4\,y-.-,%s.,'."y ALL-PUR ~ \ 4 a -,% - E - ACKNOWLEDGMENT - 0 ,~ .-. ,% * ,"* A,. , "Ad 4. \ ." . b .cc .~~~~~~~~~~~~~~~~~~~~~.~~~~~ . * -,.*ppfi&-c , , I . ., =<.@&yA*\"6,i State of California County of Sa Diego On September 30, 1997 before me, Cathlynn E. Aguirre, Notary Public ? i Date Name and Mle of Officer (e.g.. "Jane Doe. Notary Public? , ( personally appeared Patrick N- O'Day Name(s) of Signer@) 9 personally known to me - OR -#Ei proved to me on the basis of satisfactory evidence to be the person( whose name(* i- subscribed to the within instrume and acknowledged to me that hehhdhy executed th same in his- authorized capacitym, and that t his/kdtbksignatur+) on the instrument the person@ or the entity upon behalf of which the person@) actec executed the instrument. WITNESS my hand and official seal. \ cott( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevenr fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bmendment No 1 Bmeement for Cannon Road West Document Date: Undated Number of Pages: 8 Sigrier(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) \ < ? > Signer's Name: Patrick B. O'Dav 3 Individual B Corporate Officer 7 Partner - 0 Limited Il General 3 Attorney-in-Fact Title(s): President and Secretan Signer's Name: 3 individual II Corporate Officer Title@): 3 Partner - Z Limited 3 General 1 Attorney-in-Fact 3 Trustee- Ll Other: 7 Other: ,3 Guardian or Conservator LI Guardian or Conservator 3 Trustee Signer Is Representing: O'Day Consultants * Inc- Signer Is Representing: .-... . - - - " -. . . - .~. , -.. ,. ~.~ ,."""". .- ~ - .. Q 1995 Natlonal Notary Assoclation 8236 Remrnet Ave.. P.0. BOX 7184 Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-81 , .:-, - - - -_ .% ~~-" - .... .. " ." . __,_ ,-. -.,c ~C,,".." - . - m t m X I w " - v) w w L I- v) z P 0 111 z 0 z a 2 0 F 0 z I- z W E n z W E a 111 0 n L w v) w fY 5 0 03 N *" In 0 In * b In * tt) cn (I) 69 s- o? o? m r 69 0 0 I- s In 7 ? ? 4! s s s 0 7 2 z 0 In m 64 tt) In In b 04 64 03 a? N- 2 69 s 0 0) s s s s 0 0 0 d 2 m m zw m a3 b In 02 2 In T- b 5: $2 s g g W cu c9 m- 0 om T- €e 69 d 69 m ws 69 3 22 W U > W z s (3 N * In 0 In vj In In c9 0 0- 0, b cv 69 69 d 0 0 c3 tt) P d N a r\l 9 v) w s gIn 5 Z 0 s s 8 0 I= s m 3 v) cd 0 b 0 In *- o? ? 7 7 69 g 63 wc3z 3 m -.I 5 z 2 s 2 s 0 7 a b 0 0 0 0 0 In 0 0 h! u A N v) I- VJ tf, Yo G 69 9 N- v. *- b- o"? ww LL (I) c3 KG ffl- YO k! 2: W s 2 63 Ff) 69 -0 m c- ma, v)K 8 .- ffl &?g 0 2 .e C m ._ 0 G .e -= - ma FJ 0 2 Y W- 0 a ffl Lo>" 8r !&g: m I- v) "' ge E 82 6 Eg 03 25 a .I! ; 0 ffl- +g q Sa 3 22 -?ij a, ffllQ z $3 - a. 'i7j Q~ + = Jg & 2 c .& 5 .E2 f 5 2& .. 22 vi 5 2 < a.E& %ZSa a=so ~ fflr.= 8 =E g)'ZzS 435 gg gg?$ E;@ @ g;& gsc E cu.= a a zznz gm za %$E y q 5563 Qa*E no? kG ga*$ Qaam KV) e 0 EXHIBIT “D” SCOPE OF WORK AMENDMENT NO.l CANNON ROAD WEST TASK VI: PROVIDE INFORMATION AND REVISE PLANS AS REQUIRED BY THE ENVIRONMENTAL REGULATORY AGENCIES Throughout the permitting process with the regulatory agencies, changes to the plans and additional information for the agencies is expected to be necessary to meet their requirements. The City will contact O’Day Consultants when these items are needed. O’Day will provide a timeline and cost estimate to be approved by the City prior to the commencement of work. The City will notify O’Day to commence work. These items will be paid for on a time and materials basis. TASK VII: PROVIDE INFORMATION AND PERFORM SERVICES AS REQUIRED FOR SAN DIEGO GAS AND ELECTRIC COMPANY Throughout the design process with San Diego Gas and Electric Company, it is expected that design changes and additional information will be required with regard to the transmission, distribution and gas line locations at their crossings of the Cannon Road right of way. O’Day will provide a timeline and cost estimate to be approved by the City prior to the commencement of work. The City will notify O’Day to commence work. These items will be paid for on a time and materials basis. TASK VIII: DESIGN A VERTICAL DRAIN SYSTEM FOR AGUA HEDIONDA CHANNEL BRIDGE AND A GEOTECHNICAL SUMMARY REPORT FOR CANNON ROAD WEST REACH 1 AND 2 A. Provide design details for a vertical drain system to perform consolidation for the Agua Hedionda Bridge abutments. 1. Provide soils letter report with the design details of the vertical drain Agua Hedionda Bridge. Provide the design details for the layout and depth of the drains, preparation of areas to receive fill, drainage layer materials and thickness of the drainage layers. system necessary to consolidate the abutments for the construction of the 2. Prepare technical specifications in Standard Specifications for Public Work Contracts (“Green Book) format and provide one original typed document with twelve copes plus one disk in Microsoft Word during the 70 percent and 90 percent plancheck. At thirty percent plancheck submit eight copies of the index and outline of all categories of the special provisions. The specifications will reference the regional specifications and modifications required by the project. 4 911 1/96 9 1) 3. Prepare cost estimate to be submitted with 50, 70, 90 and 100 percent submittal. 4. Any changes to the Scope of Work items by the City of contradictions to the assumptions for which the fees are based, will require a signed change order form from the City. 5. Design of an instrumentation program (layout and detail sheets) for monitoring settlement and stability of the bridge embankments. 6. Consolidate and summarize all available soils reports for the project (including the three bridges). TASK IX: PERFORM ADDITIONAL DESIGN WORK AS REQUIRED BEYOND THE ORIGINAL SCOPE FOR EL CAMINO REAL WIDENING 1. Design of an access road to the Carlsbad Municipal Water District easement from El Camino Real. 2. Design a modified traffic signal for the Cannon Road/El Camino Real intersection to include the Carlsbad Municipal Water District easement access. 3. Design landscape and irrigation as necessary for the Carlsbad Municipal Water District easement access road. 4. Prepare legal descriptions and plats for the additional right of way and construction easements required for the Carlsbad Municipal Water District access easement. 5. Design of transition lanes for the widening of El Camino Real and associated grading, landscape, irrigation, legal descriptions and plats. TASK X: DESIGN A GRADING PLAN FOR REACH I FROM ITS EASTERLY TERMINOUS TO THE WESTERLY BRIDGE ABUTMENT FOR MACARIO CANYON BRIDGE A PLANS AND ESTIMATES 1. Prepare grading and erosion control plans at 40-scale in AUTOCAD 13 to be submitted for plancheck at 70 percent, 90 percent and 100 percent completion to include storm drain, grading for the street, erosion control. 2. Coordination with Carlsbad Municipal Water District. 3. Prepare hydrology studies and hydraulic calculations for the design 4. Prepare erosion control plans for the project, using Best Management 5. Prepare a cost estimate to be submitted with each plancheck. 6. Prepare an earthwork estimate including shrinkage/bulking, alluvial of the project storm drains. Practices. quantities and cross sections. The existing and finish grades will be provided on a data disk. 7. Soils am Perform Geotechnical plan review, sign and stamp the plans. b. Review and make recommendations based on available geotechnical information available for this reach. 5 9/11/96 0 c SCHEDULE OF HOURLY BILLING RATES FEBRUARY 1997 Billing will be based on the actual hours worked on the project, and invoiced bi-monthly at our following hourly rates: OFFICE ENGINEERING I Project Manager 89.00 Project Engineer $97.50 40.00 Word Processing 55.00 DraftedEngineering Aide 69.00 AutoCad Technician 77.00 Design Engineer FINAL ENGINEERING 3 Man Survey Crew 87.00 1 Man Survey Crew 135.00 2 Man Survey Crew $1 80.00 CONSULTATION $155.00 - PRINCIPAL $1 55,OO 6 9/11 /96 MITIGATED NEGATIVE DECLARATION Project AddresdLocation: West of El Camino Real, east of fbture Faraday Avenue and south of Agua Hedionda Lagoon Project Description: Construction of a section of Cannon Road, a major arterial, within an alignment which was previously graded and surcharged. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A COPY of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within thirty (30) days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (619) 438-1 161, extension 4448. DATED: SEPTEMBER 20,1996 CASE NO: EIA 96-02 CASE NAME: CANNON ROAD REACH I1 PUBLISH DATE: SEPTEMBER 20,1996 1hY-d- MICHAEL J. HOEMILLk!R Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 (619) 438-1161 - FAX (619) 438-0894 Evhihif A 0 a ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: EIA 96-02 DATE: SeDtember 1, 1996 BACKGROUND 1. CASE NAME: CANNON ROAD REACH I1 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: SHERRI HOWARD, Engineering Department. 2075 Las Palmas Drive, Carlsbad, California 92009 4. DATE EIA FORM PART I SUBMITTED: December 18,1995 5. PROJECT DESCRIPTION: Cannon Road from future Faraday Avenue to El Camino Real, SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Land Use and Planning 17 TransportatiodCirculation Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems Energy & Mineral Resources [7 Aesthetics Water 0 Hazards 0 Cultural Resources 0 Air Quality 0 Noise 0 Recreation Mandatory Findings of Significance 1 Rev. 03128196 LJC I CKIVIIJUN 1 IUIV. (To be completed by the Lead A d ncy) I find that the proposed project COULD NOT have a significant effect on tht. environment, and a NEGATIVE DECLARATION will be prepared. [x1 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [7 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effectts) on the environment. but at least one potentially significant effect 1) has been adequately anaiyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed b?. mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. ~L&t+Jt-iwiy.2 . %&!z.1'ityq' I I l7qQ Planner Signature Date 41 I@/+ b Planning Direcfds Sigrkure Date 2 Kev. 03/28/96 e a ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. a A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. a “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. a “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. a “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. 0 Based on an “EIA-Part 11”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). a When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. a A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03128196 , * 0 e If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations’’ for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 .’ 0 0 Issues (and Supporting Information Sources). I LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #6) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source #4) c) Be incompatible with existing land use in the vicinity? (Source #6) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (Source #6) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (Source #2 and 6) 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (Source #1 and 6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Source #1 and 6) c) Displace existing housing, especially affordable housing? (Source #1 and 6) 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (Source #1, 6 and 7) b) Seismic ground shaking? (Source #1,6 and 7) c) Seismic ground failure, including liquefaction? (Source #1,6 and 7) Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Less Than Significant Significan Unless t Impact Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 0 0 B B 0 0 No Impact la w w !XI !XI El w !a 1 El d) Seiche, tsunami, or volcanic hazard? (Source #1, 6 and e) Landslides or mudflows? (Source #1, 6 and 7) f) Erosion, changes in topography or unstable soil 7) 0 OB 0 0 Elm 0 conditions from excavation, grading, or fill? (Source ow #1,6 and 71 g) Subsidence’of the land? (Source #1, 6 and 7) h) Expansive soils? (Source #1, 6 and 7) i) Unique geologic or physical features? (Source #1, 6 0 0 nEl 0 0 OH and 7) 0 OH IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (Source #7) 0 UN b) Exposure of people or property to water related hazards such as flooding? (Source #1 and 7) 0 OIX] c) Discharge into- surface waters or’ other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source #1 and 7) 0 0 OH 5 Rev. 03/28/96 e 0 Issues (and Supporting Information Sources). Potentially Significant Impact d) Changes in the amount of surface water in any water body? (Source #I and 7) e) Changes in currents, or the course or direction of water movements? (Source #I and 7) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source #1 and 7) g) Altered direction or rate of flow of groundwater? (Source #1 and 7) h) Impacts to groundwater quality? (Source #1 and 7) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source #I and 7) 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 Less Than No Significan Impact t Impact OH OH UN om UIXI om V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Source #I, 6 and 7) b) Expose sensitive receptors to pollutants? (Source #I, 6 and 7) 0 OH c) Alter air movement, moisture, or temperature, or cause any change in climate? (Source #I, 6 and 7) d) Create objectionable odors? (Source #1, 6 and 7) NU 0 OBI 0 0 OH VI. TRANSPORTATIONiCIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Source #I, 3,6 and 7) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source #2 and 7) c) Inadequate emergency access or access to nearby uses? (Source #2 and 7) d) Insufficient parking capacity on-site or off-site? (Source #2 and 7) e) Hazards or barriers for pedestrians or bicyclists? (Source #2 and 7) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source #2 and 7) g) Rail, waterborne or air traffic impacts? (Source #I, 2 and 7) 0 0 0 0 0 0 OH urn 0 om 0 OH 0 UIXI OH 0 CIN VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (Source #4, 5 and 7) b) Locally designated species (e.g. heritage trees)? (Source #4,5 and 7) 0 0 OH NU 6 Rev. 03/28196 < e Issues (and Supporting Information Sources). Potentially Significant Impact c) Locally designated natural communities (e.g oak d) Wetland habitat (e.g. marsh, riparian and vernal pool)? forest, coastal habitat, etc.)? (Source #4, 5 and 7) 0 (Source #4, 5 and 7) and 7) e) Wildlife dispersal or migration corridors? (Source #4, 5 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (Source #1,6 and 7) b) Use non-renewable resources in a wasteful and inefficient manner? (Source #1, 6 and 7) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (Source #1, 6 and 7) 0 IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, 0 chemicals or radiation)? (Source #2) b) Possible interference with an emergency response plan c) The creation of any health hazard or potential health d) Exposure of people to existing sources of potential e) Increase fire hazard in areas with flammable brush, or emergency evacuation plan? (Source #6) hazards? (Source #6) 0 health hazards? (Source #6) grass, or trees? (Source #6) 0 0 X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source #6) b) Exposure of people to severe noise levels? (Source #6) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Source #S) n b) Police protection? (Source #X) c) Schools? (Source #8) i n d) Maintenance of public facilities, including roads? e) Other governmental services? (Source #8) (Source #X) i 0 XII.UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (Source #S) b) Communications systems? (Source #8) c) Local or regional water treatment or distribution 0 0 facilities? (Source #S) 0 7 e Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 Less Than No Significan Impact t Impact ow NO UKI UIXI OB Elm ow UIXI 0151 U[XI urn wn u[xI 0 0 [XI [XI w [XI 0151 OB OH nw Rev. 03128196 0 0 Issues (and Supporting Information Sources). d) Sewer or septic tanks? (Source #S) e) Storm water drainage? (Source #S) f) Solid waste disposal? (Source #8) g) Local or regional water supplies? (Source #S) Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation 0 0 0 Incorporated 0 0 B 0 0 B KI KI E! XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (Source #6) b) Have a demonstrate negative aesthetic effect? (Source 0 0 OBI #7) El UH c) Create light or glare? (Source #7) 0 17 OH XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Source #7) b) Disturb archaeological resources? (Source #7) c) Affect historical resources? (Source #7) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (Source #7) e) Restrict existing religious or sacred uses within the potential impact area? (Source #7) 0 0 om 0 0 om 0 0 OKI 0 0 OH El OH XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source #6) b) Affect existing recreational opportunities? (Source #6) 0 om 0 0 OH XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? quality of the environment, substantially reduce the 0 OH !XI nu 0 OH XVII. EARLIER ANALYSES. 8 Rev. 03128196 e 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03128196 e 0 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01 , by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The project is a road and will have an overall beneficial effect on the road system. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway Management; 3) provisions to encourage alternative modes of transportation including mass 10 Rev. 03128196 e 0 onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s impacts is required. LAND USE AND PLANNING: The project is the construction of a portion of Cannon Road. The road has been included on the General Plan Land Use Map and designated on the map and in the text as a Major Arterial. The road is an important link within the City’s overall circulation system. BIOLOGICAL RESOURCES: Major portions of the road have been graded and are currently in use for access to adjacent properties. However, the full construction of the road will have some impact on adjacent vegetation. Those impacts were identified in a report prepared by Tetra Tech, Inc. in January 1996. Direct impacts were identified as 0.16 acres of southern willow scrub; 0.14 acres of open water; 0.13 acres of disturbed riparian scrub; 1.47 acres of coastal sage scrub; 0.5 1 acres of disturbed coastal sage scrub; 0.14 acres of baccharis scrub; and 9.66 acres of disturbed area. Mitigation measures have been included within the report and are incorporated as required mitigation for the project. POPULATION AND HOUSING: The City’s Growth Management Plan and the General Plan make projections on housing and population. The completion of this section of road will only implement those plans which have determined the maximum capacity for housing and population within the surrounding area. The road itself will not be a contributor to increases in housing or population above what has already been accounted for within the General Plan. Master EIR, including this project, therefore, no further environmental review of circulation GEOLOGIC: There are not active faults identified within the limits of the City. Soils preparation for the development of the road will be per standard procedure which will reduce the potential for impacts to the road once completed. WATER: 11 Rev. 03128196 + e 0 The road itself will not impact existing bodies of water other than the bridging at the eastern edge of the project area at El Camino Real. Mitigation is expected to be applied which will reduce the impact to below a level of significance. Mitigation will include obtaining a 404 permit from the US Army Corps of Engineers. The road will also be designed to accommodate measures to implement the National Pollution Discharge Standards which will capture harmful runoff from the road prior to its discharge into Agua Hedionda. ENERGY AND MINERAL RESOURCES: No impacts have been identified. HAZARDS: No impacts have been identified. NOISE: Noise associated with the project will be created by vehicles traveling the road. Construction noise impacts can be reduced to levels of insignificance by scheduling work outside of the breeding season. PUBLIC SERVICES, UTILITIES AND SERVICE SYSTEMS: The project is a road and will not generate the need for services, utilities or service systems. AESTHETICS: The road is designated to pass Agua Hedionda Lagoon on the south side. The road can be designed to take advantage to the greatest extent possible, of the available views. CULTURAL RESOURCES: The road will not effect any known cultural resources. RECREATION: The project is a road and will not have an effect on existing or future recreational opportunities. Alternatives; Project alternatives are required when there is evidence that the project will have a significant adverse impact of the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A “significant effect” is defined as one which has a substantial adverse impact. Mitigation measures required as conditions of project approval will reduce the identified potentially significant impacts to insignificant levels; therefore, no discussion of alternatives is necessary. SOURCE DOCUMENTS: 12 Rev. 03/28/96 f L 0 e (NOTE: All source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carlsbad, California 92009, Phone: (619) 438-1 161.) 1. “Final Master EIR for the City of Carlsbad General Plan Update,” prepared by the City of Carlsbad Planning Department and certified September 6, 1994. 2. “Kelly Ranch Master Plan,” MP 174, approved September 18, 1994. 3. “1995 Growth Management Plan Traffic Monitoring Program,” prepared by JHK and Associates. 4. “City of Carlsbad Draft Habitat Management Plan,” dated July 1995. 5. “Biotechnical Report for Cannon Road Reach II,” prepared by Tetra Tech dated January 1996. 6. City of Carlsbad General Plan 7. “Kelly Ranch EIR,” dated 1983. 8. Local Facilities Management Plan: Zone 8. 13 Rev. 03/28/96 , I e e LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The impact to 1.47 acres of undisturbed coastal sage scrub and 0.14 acres of baccharis scrub shall be mitigated at a ratio of 2: 1. The impact to .51 acres of disturbed coastal acres of gnatcatcher occupied coastal sage scrub habitat or its equivalent. sage scrub shall be mitigated at a ratio of 1 : 1. This results in a mitigation total of 3.73 2. Removal of coastal sage scrub, or other California gnatcatcher-occupied habitat should not be carried out during the gnatcatcher breeding season (February 15- August 15) 3. The impact to 0.16 acres of southern willow scrub and 0.13 acres of disturbed southern willow scrub, and 0.14 acres of open water shall be mitigated through an Army Corp of Engineers 404 Permit and a California Department of Fish and Game Section 1601 Streambed Alteration Agreement. 4. To project adjacent habitats during construction, the limits of construction shall be flagged, staked and fenced prior to the initiation of clearing, brushing or grading to the satisfaction of the City Engineer. 5. If least Bell’s vireo are present, construction shall occur outside of the least Bell’s vireo breeding and nesting season (May 15 through July 15)/ 6. The effects of stormwater run-off shall be mitigate through best management practices including but not limited to oil separators and desiltation basins. 7. Construction should be initiated in the late summer, fall, or winter to avoid possible indirect impacts on nesting birds. APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 4 /- /a- /b- 4 7 Date ~~~ Sig&tdre// - - 14 Rev. 03128196 b ENVIRONMENTA Blh ITIGATION MONITORING CHEC at ST: Page I of 1 (v ta Q, 9 9 clj cf .. 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